Ex-Makati Mayor Elenita Binay has recently been acquitted by the Sandiganbayan of graft charges with regard to the illegal purchase of P45.26 million worth of equipment for the Ospital ng Makati (OsMak) during her term.
In its ruling, the Sandiganbayan’s Third Division said government prosecutors under the Office of the Ombudsman failed to establish beyond reasonable doubt Mrs. Binay’s for violation of the Anti-Graft law (R.A. 3019) and the Revised Penal Code when she was Makati’s mayor back in 2001.
Mrs. Binay is the wife of former Vice President Jojo Binay and mother of Senator Nancy Binay, ex-Makati Mayor JunJun Binay and incumbent Makati Mayor Abigail Binay. She is also the mother-in-law of Makati Rep. Luis Campos.
The Ombudsman lodged graft raps against Mrs. Binay in 2011 over the alleged anomalous purchase of beds, cabinets and sterilizers for the OsMak through negotiated bidding which violated the Government Procurement Act requiring a public bidding procedure.
Justices Bernelito Fernandez, Oscar Herrera Jr., Ronald Moreno and Alex Quiroz voted to acquit the 78-year old Binay matriarch of the charges.
Binay’s co-accused Ernesto Aspillaga, Dulce Cruz and Luz Yamane-Garcia of the bids and awards committee were also cleared, while former city supply officer Conrado Pamintuan; however, former administrative officer Jaime delos Reyes were convicted and permanently barred from holding public office.
Presiding Justice and Division Chairperson Amparo Cabotaje-Tang voted for conviction, but was overruled by the majority.