Elenita Binay arraignment for graft cases set on Thursday

Former Makati Mayor Elenita Binay is set to be arraigned this Thursday on graft and malverstion charges in connection with the overpriced purchase of hospital equipment worth more than R40 million more than 10 years ago.

Th The Sandiganbayan Third Division set th the arraignment against the wife of ViceVic President Jejomar Binay after turni turning down her motion to suspend proce proceedings on the charges against her for two counts of graft and two counts of malversation.

In a resolution dated November 14 that was penned by Presiding Justice Amparo Cabotaje-Tang and Associate Justices Samuel Martires and Alex Quiroz, the court also ordered the issuance of warrants of arrest against the co-accused of Mrs. Binay in the cases.

On the other hand, the court will no longer issue arrest warrants against Mrs. Binay since she already posted cash bail bonds on the cases against her.

Binay and eight other persons were charged with one count of graft and one count of malversation for the overpriced purchase in 2001 of hospital beds, bedside cabinets, and orthopedic beds from Apollo Medical Equipment and Supplies worth R36,431,700 without any competitive public bidding.

Two counts of graft and malversation were also filed against Binay and 10 other persons for the overpriced purchase in 2000 of three units of Kwiklave Electronic Dry Heat Autoclave Sterilizer and two units of Auto Dry Heat Sterilizer worth R8,830,000 from Apollo Medical Equipment without any public bidding.

In a motion dated July 28, Mrs. Binay sought the suspension of the proceedings on the first set of cases since she intends to question before the Supreme Court, via a petition for review on certiorari, the resolution of the Office of the Ombudsman to include her in the cases.

Also, the Third Division granted the amendments made by the prosecution in the information of the second batch of cases but suspended the proceedings of the two cases due to Mrs. Binay's pending motion for reconsideration before the Ombudsman in finding probable cause.

The Ombudsman eventually turned down her motion for reconsideration.

In its November 14 resolution, the Third Division pointed out that, since the motion for reconsideration of Mrs. Binay has been resolved by the Ombudsman, "the Court does not find any more legal impediment to the continuation of the proceedings in these cases."