Former Makati City Mayor Elenita S. Binay, wife of former Vice President Jejomar "Jojo" Binay, has been acquitted by the Sandiganbayan of her two graft and two malversation charges in the purchase of P45 million worth of hospital equipment and supplies for the Ospital ng Makati (OsMak) in 2001.
Also acquitted were former Head of the General Services Department Ernesto A. Aspillaga, City Accountant III Dulce P. Cruz, and City Treasurer Luz R. Yamane-Garcia.
While City Supply Officer II Conrado B. Pamintuan and Administrative Officer I Jaime P. Delos Reyes were acquitted of malversation charges, they were convicted in two graft charges. They were sentenced to six to eight years imprisonment with perpetual disqualification from holding public office.
The charges stemmed from the reported irregularities in the procurement of hospital beds and cabinets in criminal cases SB-11-CRM-0272 and 73, and dry-heat sterilizers in SB-11-CRM-0274 and 75.
The hospital equipment and supplies were bought through direct purchase from Apollo Medical Equipment and Supplies and its proprietor, Apollo B. Carreon.
In its ruling, the anti-graft court stressed how "pivotal" it was to determine precisely the existence of evident bad faith or gross inexcusable negligence on the part of the accused in the transactions.
It said the prosecution alleged that the accused failed to canvass for the procurement, and the purchases were eventually done without the benefit of public bidding.
As members of the Committee on Canvass, the court said that Pamintuan and Delos Reyes were responsible for researching about the subject medical equipment and supplies, and whether or not Apollo Medical was the sole distributor of such products.
But by being "totally remiss" in their duties, the court said that manifest partiality was eventually granted to Apollo Medical.
On the other hand, the anti-graft court said that Binay and the others were cleared because "there is no clear evidence to show that the accused-members of the Committee on Awards disregarded the rules on procurement by relying on the recommendations of the Committee on Canvass."
The Sandiganbayan’s third division did not reach a unanimous decision in acquitting Binay and her co-accused, so a special division of five justices was created which resulted in a 4-1 vote.
Associate Justice Bernelito R. Fernandez wrote the 77-page decision with the concurrence of Associate Justices Ronald B. Moreno, Oscar C. Herrera Jr., and Alex L. Quiroz.
Presiding Justice Amparo M. Cabotaje-Tang wrote a separate concurring and dissenting opinion. While she agreed that Pamintuan and Delos Reyes deserved to be convicted, she also voted to convict Binay, Aspillaga, Cruz, and Yamane-Garcia of the same graft charges.
Cabotaje-Tang added that Binay and Cruz should be found guilty of malversation charges as well.