Ombudsman bid to reverse Binay acquittal for graft hit
Former Makati City mayor Elenita Binay has asked the Sandiganbayan to affirm its decision dismissing the graft case filed against her over the allegedly overpriced purchase of P21.7 million worth of office partitions and furniture during her term in 2000.
In a 27-page petition submitted to the anti-graft court’s Fifth Division, Binay said the motion for reconsideration filed by the Office of the Ombudsman in November last year should be dismissed for lack of merit.
On Oct. 28, 2016, magistrates of the Sandiganbayan cleared Binay of graft along with former general services office head Ernesto Aspillaga and several other city hall officials and suppliers.
Binay said the ombudsman’s motion was a form of prosecutorial misconduct and violates her constitutional right against double jeopardy.
Her lawyers cited the rule against double jeopardy under Section 21, Article III of the Constitution, which states that “no person shall be put on trial twice for the same offense, especially after the court has acquitted the accused.”
“The former Makati mayor has been acquitted of the charges and there is no valid justification to set aside the court’s decision,” Binay’s petition read. – Elizabeth Marcelo