NATIONAL
Advocates Philippines
Sandiganbayan Clears Former Makati Mayor Elenita Binay And Others Of Graft And Malversation Charges
Photo credit: Sandiganbayan
The Sandiganbayan acquitted former Makati City Mayor Elenita Binay and several other officials of graft and malversation charges related to the procurement of PHP9.9 million worth of hospital equipment for the Ospital ng Makati (Osmak) back in 2001.
Former city treasurer Luz R. Yamane-Garcia, General Service Department head Ernesto A. Aspillaga, Osmak department head Mabel B. Asunio, and property inspector Lilia A. Nonate were also cleared of the charges as the court ruled that the prosecution failed to establish their guilt beyond a reasonable doubt.
The court specifically addressed the prosecution's claim that documents were falsified due to the alleged insertion of the words or phrase "cryosurgical unit and."
The Sandiganbayan deemed this allegation as mere conjecture and speculation, stating that there was no evidence indicating when and by whom the alleged insertion was made during the procurement or disbursement process.
In its verdict, the court emphasized that the accused officials were not obligated to personally inspect each item procured by and delivered to the City of Makati. The tribunal stated, "(T)hey 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."
However, two of Binay's co-accused, supply officer Conrado V. Pamintuan and city administrative officer Jaime P. delos Reyes, were not as fortunate. They were sentenced to up to eight years imprisonment for their involvement in irregularities related to the procurement of cryosurgical units from the supplier, Apollo Medical Equipment and Supplies (Ames), for the amount of PHP9.9 million.
Former city treasurer Luz R. Yamane-Garcia, General Service Department head Ernesto A. Aspillaga, Osmak department head Mabel B. Asunio, and property inspector Lilia A. Nonate were also cleared of the charges as the court ruled that the prosecution failed to establish their guilt beyond a reasonable doubt.
The court specifically addressed the prosecution's claim that documents were falsified due to the alleged insertion of the words or phrase "cryosurgical unit and."
The Sandiganbayan deemed this allegation as mere conjecture and speculation, stating that there was no evidence indicating when and by whom the alleged insertion was made during the procurement or disbursement process.
In its verdict, the court emphasized that the accused officials were not obligated to personally inspect each item procured by and delivered to the City of Makati. The tribunal stated, "(T)hey 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."
However, two of Binay's co-accused, supply officer Conrado V. Pamintuan and city administrative officer Jaime P. delos Reyes, were not as fortunate. They were sentenced to up to eight years imprisonment for their involvement in irregularities related to the procurement of cryosurgical units from the supplier, Apollo Medical Equipment and Supplies (Ames), for the amount of PHP9.9 million.
Jan 23, 2024
