Elenita Binay hits Ombudsman anew for reviving ‘old cases’

Elenita Binay hits Ombudsman anew for reviving ‘old cases’
Her lawyer Elaine Hernandez says the inclusion of these three "years-old cases" violates Section 21 of the Ombudsman Act.

MANILA, Philippines – The camp of Elenita S. Binay questioned anew the Office of the Ombudsman for reviving charges against the Vice President’s wife that were dismissed 6 years ago.

Her camp also criticized the addition of two complaints against her, one of which, they argue, was alleged 15 years ago. All the cases allegedly happened under Binay’s watch as mayor of Makati City.

The 3 revived cases being questioned are the following:

  1. A complaint involving the purchase of two units of cryosurgical pressure and volumetric pressure pump for the Ospital ng Makati was filed 7 years ago against Binay and other Makati City officials. The Ombudsman dismissed the case for insufficient evidence on September 24, 2009.
  2. In September 2014, the Office of the Ombudsman, under Conchita Carpio-Morales, filed a case against Binay involving a questionable purchase of an X-ray machine purchased for the same hospital, which allegedly happened between 1999 to 2000.
  3. In August 2015, the Ombudsman filed another case against Mrs. Binay, this time involving fetal monitors in the hospital, which supposedly happened early 2000s.

Binay lawyer Elaine Hernandez said the inclusion of these “years-old cases” violates Section 21 of the Ombudsman Act.

In 2014, Binay’s camp filed charges against the Ombudsman for reviving the case on the alleged overpriced hospital beds at the same hospital when she was mayor from 1998 to 2001. (READ: Mrs Binay to charge Ombudsman for reviving cases)

Hernandez maintained the Ombudsman is prohibited from conducting an investigation based on a complaint filed “one year from the occurrence of the act or omission complained of.”

“To think that Mrs. Binay was not among the original accused in the 24 September 2009 Resolution, and no probable cause was found against her, resulting in the dismissal of the charges. Yet, the Special Prosecutor has asked the 4th Division of the Sandiganbayan to admit the Amended Informations to include Mrs. Binay as an accused in the two criminal cases,” Hernandez said in a press release Sunday, August 23.

The Binays and the Ombudsman have been at odds since the latter began its own investigation on the family’s supposed involvement in the two alleged overpriced buildings in Makati.

The Binays cried foul over political persecution but Carpio-Morales remained firm she is “apolitical” and the investigation against the Binays were “in accordance with the law and evidence.” (READ: ‘Impeach me,’ Ombudsman dares critics) – Rappler.com 

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