Sandiganbayan Presiding Justice Amparo M. Cabotaje-Tang (center). INQUIRER FILE PHOTO/RAFFY LERMA
Former Makati mayor Dr. Elenita Binay was not yet done with her bid to inhibit Sandiganbayan Presiding Justice Amparo Cabotaje Tang from her cases in court.
This as she appealed the Sandiganbayan Special Third Division鈥檚 resolution dismissing her motion to inhibit Tang from听her malversation and graft cases over the anomalous purchases of hospital beds and sterilizers.
搁贰础顿:听Sandigan justice: No reason to inhibit from Binay graft case听
鈥淲ith all due respect, the Honorable Presiding Justice鈥檚 denial of the Motion for Inhibition should be revisited and reconsidered,鈥� Binay said through her lawyers.
Binay said she took exception with the court鈥檚 pronouncement that her earlier motion for a re-raffle of her cases to other divisions was meant to delay the disposition of the case.
搁贰础顿:听Antigraft court trashes Bina测鈥檚 plea for re-raffle of cases听
She said Presiding Justice Tang鈥檚 pronouncement only gives credence to her alleged prejudice in her case, Binay said.
鈥淭his unjust pronouncement is another evident indication of the Honorable Presiding Justice鈥檚 personal and prejudiced treatment of the case,鈥� Binay said.
Binay reiterated her position about Presiding Justice Tang supposedly taking offense in her motion for re-raffle, which the justice in a hearing interpreted as having the effect of a motion for inhibition.
鈥淭he seemingly personal take of the Honorable Presiding Justice鈥� affects the fundamental fairness of the trial to which Accused will be subjected to,鈥� Binay said.
In its resolution, the antigraft court Special Third Division said Bina测鈥檚 motion for the presiding justice, who chairs the Third Division hearing her case, to inhibit herself was 鈥渂ereft of merit.鈥�
The court said there was no reason for Tang to inhibit herself from hearing Bina测鈥檚 four cases of malversation and graft.
鈥淭here is no valid or just reason for the Presiding Justice to voluntarily disqualify herself from hearing these cases,鈥� the resolution read.
The court added that Bina测鈥檚 allegations of Tang鈥檚 alleged 鈥渂ias鈥� and 鈥渢enor and language鈥� do not show there was 鈥減rejudgement鈥� in hearing the cases.
鈥淎llegations and perceptions of bias from the mere tenor and language of a judge (are) insufficient to show prejudgement,鈥� the court said.
The court added that granting Bina测鈥檚 motion for Tang to inhibit from her cases would 鈥渙pen the floodgates to abuse.鈥�
鈥淯nless there is concrete proof that a judge has a personal interest in the proceedings, and that his bias stems from an extrajudicial source, this Court shall always commence from the presumption that a magistrate shall decide on the merits of a case with an unclouded vision of its facts,鈥� the court ruled.
According to the Rules of Court, a judge may be disqualified from a case if he or she is 鈥減ecuniarily interested鈥� as heir, legatee, or creditor, or if he or she is related by sixth degree of consanguinity to either party, or by fourth degree to a counsel.
The denial of Bina测鈥檚 motion paves the way for the continuance of her trial, which was suspended last Nov. 22 to enable the court to decide on her motions.
搁贰础顿:听Trial of Elenita Binay suspended
In her motion for inhibition, Binay听asked Tang to inhibit herself from the case due to questions on her impartiality.
Binay听through her lawyers cited an Oct. 13, 2016, hearing when Tang was personally offended when听Binay听filed an omnibus motion for a re-raffle of the case to hold separate trials.
The court also denied this motion for re-raffling the cases.
搁贰础顿:听Prosecutors nix听Elenita听Bina测鈥檚 move for separate trials听|听Elenita Binay听seeks separate trials
According to the transcript, Tang felt like the defense panel was questioning the court鈥檚 impartiality.
鈥淚f you are saying that there should be appearance of impartiality, you are somehow casting aspersions on the impartiality of this court,鈥� Tang said during that hearing.
Binay听said she was 鈥渁stounded鈥� by Tang鈥檚 鈥渁dverse reaction鈥� that gave the impression she was 鈥減ersonally offended鈥� by the motion for a re-raffle of the consolidated case.
鈥淲ith all due respect, herein, Accused submits that the foregoing statements of Presiding Justice Cabotaje-Tang give an appearance of bias and prejudice as to the handling of the cases,鈥澨鼴inay听said in her motion.
鈥淭he demeanor of the Honorable Presiding Justice affects Accused听Bina测鈥檚 confidence that she will get a fair trial that respects her constitutional rights,鈥� she added.
Binay听asked the court to grant her motion for Tang to inhibit from the case 鈥渢o rest all the apprehensions as to the personal inclinations of the Honorable Presiding Justice鈥� and to 鈥渦proot vestiges of doubt on the impartial disposition of the cases against her.鈥�
Binay, who was Makati mayor from 1998 to 2001, was charged with two counts of violation of Section 3 (e) of the Anti-Graft and Corrupt Practices Act for causing undue injury to the government and giving unwarranted benefits to a private party, and two counts of malversation of public funds under Article 217 of the Revised Penal Code.
The graft and malversation cases听stemmed from the alleged irregularities in the procurement of hospital beds worth P36.43 million in 2001 and P8.83 million worth of dry heat sterilizers in 2000 for the Ospital ng Makati.
Binay听sought Tang鈥檚 inhibition from the case following her victory in two other Sandiganbayan divisions.
The Sandiganbayan Fifth Division granted her demurrer to evidence in her P21.7-million graft case over the alleged overpricing of furniture for the city hall in 2000.
The Sandiganbayan Fourth Division acquitted her of graft in the alleged overprice of P13.25-million purchase of furniture for the city hall in 1999.
READ: 听Sandigan junks听Elenita听Bina测鈥檚 P21.7-million graft case听|听Sandigan acquits听Elenita听Binay, 2 others in overpricing case
Her husband former vice president Jejomar听Binay听Sr. and her son former Makati mayor Jejomar 鈥淛un-Jun鈥澨鼴inay听Jr. also face graft, malversation and falsification of public documents charges over their roles in the allegedly overpriced Makati car park building when they were Makati mayor.
The court recently dismissed Binay Sr.鈥檚 similar motion for a re-raffle of the case. CDG/rga
RELATED STORIES