FORMER Makati Mayor Elenita Binay has appealed to the Sandiganbayan to defer the scheduled hearings for her graft cases on the alleged anomalous purchase of beds and sterilizers for the Ospital ng Makati.
Binay made the appeal to the anti-graft court’s Third Division even as she said she will file a petition for certiorari before the Supreme Court questioning the March 22 Sandiganbayan resolution denying her motion to reraffle her cases.
Binay said she has until May 28, or 60 days as prescribed by law, to file the petition for certiorari to the High Court.
“It is most respectfully submitted that proceeding with the trial of the cases before a final determination of the issues of consolidation and/or joint trial, will deprive the accused of her procedural rights under the prevailing rules,” Binay said in a six-page motion.
“Proceeding with the trial of the cases at this point, with due respect, is premature and might result in confusion with respect to the presentation of evidence in the said cases, which is precisely sought to be avoided by the accused,” she added.
Binay said the postponement of the proceedings until the resolution of the petition for certiorari would protect her right to be free from “unwarranted and vexatious prosecution.”
Binay faces trial for graft and malversation of funds before the Sandiganbayan Third Division over the alleged anomalous P45 million worth of purchase of beds and sterilizers for the Ospital ng Makati.
She is also charged with graft before the Fifth Division in connection with the alleged anomalous purchase of office partitions and furniture worth P72.06 million in 1999 during her tenure as Makati mayor.
In November last year, the Sandiganbayan dismissed the graft case against Binay pertaining to the alleged anomalous purchase of office partitions and furniture amounting to P21.7 million.
The court also dismissed another graft charge leveled against her over the P13.25 million worth of purchase of office fixtures and furniture for the new Makati City Hall.
