THE Sandiganbayan has rejected the P21.7-million graft case filed against former Makati Mayor Elenita Binay over her alleged overpricing of furniture for the Makati City Hall in 2000.
In a decision dated Oct. 28, the anti-graft court’s Fifth Division cleared Mrs. Binay of any liability along with former general services department head Ernesto Aspillaga, other city officials, and the suppliers for insufficient evidence.
The court said the prosecutors failed to establish the alleged conspiracy among the respondents to rig the bidding in favor of supplier Asia Concept International Inc.
They also failed to provide enough evidence to prove that the bidding led to an overpricing of P2.78 million and excessive purchases worth P5.91 million.
“Wherefore, in light of the foregoing, the Demurrer to Evidence each filed by the accused… are granted. Accordingly, the instant case against all the accused, including accused Salvador Pangilinan and accused Beda Aquino is ordered dismissed,” the Sandiganbayan said in its decision.
The Office of the Ombudsman had earlier cited “collusion” between Asia Concept and rival bidder Office Gallery International Inc., as they were said to be operated by the same person, Beda Aquino.
The prosecutors also provided as evidence two disbursement vouchers issued in September 1999 and October 2000 to Office Gallery and Asia Concept that both bore Aquino’s signature.
However, the anti-graft court said Aquino was never listed among Office Gallery’s stockholders and officers as the vouchers bearing his signatures would not prove his ownership of both firms due to the length of time between the two transactions.
“There must be other grounds other than the mere signature or approval appearing in a voucher to sustain conspiracy,” the decision said.