FORMER Makati City Mayor Elenita Binay has asked Sandiganbayan Presiding Justice Amparo Cabotaje-Tang to inhibit herself from her graft and malversation cases as the former raised apprehension over the magistrate’s handling of her cases.
Binay, in a motion for inhibition submitted to the Sandiganbayan Third Division, said Tang’s pronoucement during the hearing on Binay’s motion for reraffling her four pending cases last October 13 gave “an appearance of bias and prejudice” against her.
Tang, in the October hearing, asked Binay’s counsels for the legal basis of their motion—which the Binay camp responded to as “political color.”
“Are you telling the court that it will be likewise be swayed by political considerations?” Tang asked.
Binay dismissed Tang’s comments during the hearing as “unexpected and surprising.”
“The uttered statements show that Presiding Justice Cabotaje-Tang felt personally offended and patently showed an adverse reaction to accused Binay’s omnibus motion, which only prayed for the reraffling of the cases so they may be tried separately. The demeanor of the honorable Presiding Justice affects accused Binay’s confidence that she will get a fair trial that respects her constitutional rights,” Binay’s lawyers said.
Binay said Tang’s statements “would put to rest all apprehensions” about her personal inclination in the case “and would uproot vestiges of doubt” on the her capability to dispose of the cases against her without any bias.
The wife of former Vice President Jejomar Binay is facing graft and malversation charges in connection with the alleged anomalous P36.43 million puchase of beds P8.83-million worth of medical equipment for the Ospital ng Makati (OsMak) in 2001 without public bidding.
The transactions were made during Mrs. Binay’s tenure as city mayor.
Binay was earlier cleared in two graft cases involving the multimillion-peso purchase of office fixtures and furniture for the new Makati City Hall when she was mayor.