THE Sandiganbayan has barred former Makati City mayor Elenita Binay from commenting to or opposing admission of prosecution’s evidence in her graft and malversation cases one the ground that she failed to comply with time-bound procedures.
Based on case records, the prosecution filed a motion dated July 18, 2022 asking for 15 days to file its Formal Offer of Evidence (FOE) that was granted by the anti-graft court’s Fourth Division.
On July 22, 2022, Binay filed a pleading to be given a similar period of 15 days from receipt of the prosecution’s FOE to file her own comment.
In its resolution issued August 3, 2022, the court noted Binay’s request without action, noting that it is moot since the prosecution’s motion has just been granted and all defendants have to wait for the latter to make a formal offer.
Within the period allowed by the court, government prosecutors filed the Formal Offer on August 9, 2022.
The pending cases involve allegations that city officials awarded a supply contract for medical equipment worth P9.9 million to a supplier without public bidding contrary to the requirements of RA 9184 or the Government Procurement Reform Act.
Except for Binay, all the accused filed their Comments/Opposition to the FOE on August 25, the last day of the period allowed under the Revised Internal Rules of the Sandiganbayan.
Instead, the former mayor filed an Omnibus Motion dated September 6, 2022 reiterating her request for a 15-day period to file her own comment.
In denying the Omnibus Motion, the Sandiganbayan said Binay had been afforded the opportunity to file her comment like the rest of her co-accused but failed to do so.
In her motion for reconsideration filed September 30, 2022. Binay said the resolution admitting the prosecution’s exhibits but making no reference to her pending motion to file a comment/opposition deprived her of her right to due process.
Prosecutors countered that failure by the accused to file her comment and opposition within the 15-day allowed by the rules should be considered a waiver of her right to file a comment/objection.
