Former Makati City Mayor Elenita Binay has asked the Supreme Court to reverse the decision of the Sandiganbayan admitting the evidence of the prosecution in the graft and malversation cases against her in connection with the alleged anomalous purchase of P45 million worth of supplies for the Ospital ng Makati.
In a 22-page petition filed Tuesday, Binay sought to reverse and set aside the earlier decision of the Sandiganbayan Third Division that dismissed her motion to exclude several documentary evidence presented by the prosecutors.
Binay specifically assailed the resolutions of the anti-graft court dated Sept. 7, 2018 and Oct. 8, 2018, which held that her objections “refer more to the probative value than their admissibility.”
According to the former mayor, the anti-graft court committed grave abuse of discretion in admitting the evidence of the prosecution despite the lack of original and authenticated copies of the documents.
Binay said the prosecution only presented photocopies during the trial while some documents failed to be authenticated by its legal custodian, such as those presented by former Vice Mayor Ernesto Mercado during his testimony.
“From the records therefore, it is undisputed that the original copies of the documents were never presented in court during trial, neither did the prosecution lay the basis for the presentation and admission of secondary evidence,” read the petition.
The wife of former Vice President Jejomar Binay was charged with two counts each of violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and malversation of public funds.
Binay was specifically accused of having a hand in the irregular purchase of hospital beds and cabinets, and dry-heat sterilizers through direct contracting from Apollo Medical Equipment and Supplies and its proprietor Apollo Carreon.
Her lawyers argued the prosecution failed to prove the P45-million contract was anomalous and that there was insufficient proof she acted in conspiracy with her co-accused.
However, the Sandiganbayan accepted and affirmed the admissibility of the documentary evidence of the prosecution in the assailed rulings.
Aside from this case, Binay is also facing graft charges in connection with the supposed anomalous purchase of office partitions and furniture worth P72.06 million in 1999 during her term as Makati mayor.