Elenita Binay cleared in P72-M graft case
Former Makati City Mayor Elenita Binay has been cleared of graft over the alleged anomalous purchase of overpriced furniture worth P72.06 million in 1999.
The Sandiganbayan 5th Division has issued a resolution which granted her demurrer to evidence which sought to dismiss the graft case due to the failure of the prosecution to prove her guilt based on the evidence presented during the trial.
“After a careful examination and evaluation of the Prosecution’s evidence, and taking into account the Prosecution’s own admission that it had no direct evidence available for the proper prosecution of the charge against accused Binay, the Court finds the evidence against accused Binay insufficient to support a finding of guilt beyond reasonable doubt,” read the anti-graft court’s ruling.
The court pointed out “the Prosecution was not able to present the necessary evidence to prove that accused Binay acted with manifest partiality, evident bad faith or gross inexcusable negligence in awarding the subject contract…through a simulated/rigged public bidding.”
The court disagreed with the allegations of the prosecution that that the deal did not undergo the required public bidding.
“While it is asserted by the Prosecution that no bidding actually took place, the Minutes of the Bidding dated September 17, 1999 shows otherwise. The Minutes shows that the bidding took place on September 17, 1999,” the court cited.