The Sandiganbayan has affirmed its ruling to continue with the trial on the graft and malversation charges filed against former Makati City Mayor Elenita S. Binay and several others in the purchase of medical equipment for the Ospital ng Makati for P9.9 million more than 22 years ago.
With its ruling, the court denied the motions for reconsideration filed by Binay and her co-accused to dismiss the criminal charges on the alleged weakness of the prosecution’s evidence (demurrer to evidence) to sustain a conviction.
Since the pleas of Binay and her group were 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.
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.”
They filed a demurrer to evidence which the Sandiganbayan denied. The court said: “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 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," the court said.
In denying their motions for reconsideration, the court said:
“After a careful review, the Court denies the subject Motions for Reconsideration as the grounds raised therein are a rehash of the arguments already made in their Motions for Leave of Court to File a Demurrer to Evidence.
“The Court has already passed upon the issues raised in the assailed Resolution and since there are no new arguments presented by the accused, it becomes evident that the motions should be considered as a mere scrap of paper.
“The other issues raised by the accused are evidentiary in nature and are matters of defense, the truth of which can best be passed upon after a full blown trial on the merits.
“WHEREFORE, in light of the foregoing the Motions for Reconsideration are hereby DENIED for lack of merit.”
The resolution was written by Fourth Division Chairperson Michael Frederick L. Musngi with the concurrence of Associate Justices Lorifel L. Pahimna and Bayani H. Jacinto.