Sandiganbayan upholds graft raps vs Elenita Binay

The Sandiganbayan, for the second time, upheld the validity of the graft charges against former Makati City mayor Elenita Binay and four others for the purchase of overpriced furniture and other office fixtures amounting to P 13.25 million. In its four-page resolution last April 19, the graft court’s fourth division junked the motion for reconsideration filed by the defendants for lack of merit. In their motion, Binay and Ernesto Aspillaga, the city government’s former general services chief, argued that the amended information proposed by the prosecution substantially altered the nature of the offense imputed against them. They said the original charge sheet alleged that they approved the purchase "based on simulated or rigged public bidding", while the new information was based on accusations that the procurement was made without public bidding. Overruling this argument, the court noted that the amendments were a matter of form rather than of substance. Likewise, the court said that the question on the existence of a case basis against the defendant should not have been raised in a motion for reconsideration but through a motion to quash. The court however also denied a request by prosecutors to drop the three private defendants from the case. The private defendants are Li Yee Shing, Jason Li and Vivian Edurise. They are all executives of Office Gallery International, Inc. In its decision, the court explained that there would be no determination of probable cause without the participation of suppliers with the accused public officials and that their innocence or guilt could only be proven through evidence presented in a formal trial. - GMANews.TV