The Sandiganbayan has denied the plea of former Makati City Mayor Elenita S. Binay and several others to file a demurrer to evidence to dismiss their graft and malversation charges in connection with the purchase of medical equipment for the Ospital ng Makati in 2000 and 2001.
The filing of a demurrer to evidence, once allowed by the court, would enable the accused in a criminal case to seek the dismissal of the charge on the alleged ground that the evidence presented by the prosecution would not sustain a conviction.
Since the plea of Binay and her group was not granted, the Sandiganbayan has to proceed with the trial of the cases. It would be the turn of Binay and her group to present their evidence.
In denying their plea, the Sandiganbayan found their motions without merit. “In these cases, the accused failed to specifically state their grounds for their demurrer to evidence. Their claims are general allegations and fail to satisfy the requirement under the Rules," the anti-graft court said.
"The subject motions failed to provide the reasons to support their claims that the evidence presented by the prosecution is not sufficient to prove guilt beyond reasonable doubt," it added.
The four-page resolution was written by Fourth Division Chairperson Michael Frederick L. Musngi with the concurrence of Associate Justices Lorifel L. Pahimna and Bayani H. Jacinto.
Named as Binay’s co-accused were former City Treasurer Luz Yamane-Garcia, General Services Department Head Ernesto Aspillaga, Committee on Canvass members Conrado V. Pamintuan and Jaime P. Delos Reyes, Property Inspector, Lilia A. Nonato, and Ospital Ng Makati Department of OB GYN Head Mabel Asunio.
In filing the criminal charges, the prosecution alleged that Binay and her co-accused bought cryosurgical units with volumetric pressure pumps from Apollo Medical Equipment and Supplies for P9.9 million without public bidding from Dec. 4, 2000 to March 23, 2001.
The prosecution also alleged that the accused acknowledged the delivery and inspection of the medical equipment even though “no such delivery was made.”
In seeking permission to file demurrer to evidence, Binay and her group told the Sandiganbayan that their alleged acts of conspiracy were not proven by the prosecution, and they stressed that "all the essential elements of the crimes charged" were not sufficiently established.
However, the anti-graft court denied their plea.
TAGS: #Sandiganbayan #Elenita Binay