The Sandiganbayan acquitted former Makati City mayor Elenita S. Binay of graft and malversation of public funds charges in the purchase of P9.9 million medical equipment for the Ospital ng Makati (OsMak) in 2000 and 2001.
Also acquitted for failure of the prosecution to prove their guilt beyond reasonable doubt were former city treasurer Luz R. Yamane-Garcia, General Services Department head Ernesto A. Aspillaga, OsMak Department of OB GYN head Mabel A. Asunio, Medical Section Supply and Property inspector Lilia A. Nonato.
Binay, a physician and wife of former Vice President Jejomar Binay, and Yamane-Garcia were also acquitted of their malversation charges, while the court dismissed the cases against Aspillaga, Asunio, Nonato, Pamintuan, and Delos Reyes for lack of jurisdiction.
On the other hand, Committee on Canvass members Conrado V. Pamintuan and Jaime P. Delos Reyes were found guilty of graft. They were sentenced to six to eight years imprisonment with perpetual disqualification from holding public office.
The 46-page decision dated Jan. 22, 2024 was written by Associate Justice Lorifel L. Pahimna with the concurrence of Fourth Division Chairperson Associate Justice Michael Frederick L. Musngi and Associate Justice Bayani H. Jacinto.
Binay and the former city and OsMak officials were charged with violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, and Article 217 of the Revised Penal Code on malversation of public funds.
The charges alleged that from Dec. 4, 2000 to March 23, 2001, the accused bought cryosurgical units with volumetric pressure pumps from Apollo Medical Equipment and Supplies (AMES) for P9.9 million even without public bidding.
The prosecution alleged that the accused acknowledged the delivery and inspection of the medical equipment even though no such delivery was made.
However, the anti-graft court said that the alleged non-delivery was discovered only after the Makati City government paid and disbursed the amount to AMES.
"In the absence of any peculiar circumstance which should have aroused a sense of suspicion or curiosity on the part of accused Binay and Yamane-Garcia, they were not expected to countercheck the Report of Inspection and personally inspect each and every item procured by and delivered to the City of Makati, including the subject medical equipment, if only to ensure that they were not approving a fraudulent transaction," the court ruled.