Binay files 200-M damage suit against Trillanes, Cayetano, Morales, 10 others
Vice President Jejomar Binay yesterday filed a 200-million damage suit against senators, co-government officials, and former allies for what he called a “well-funded and well-orchestrated campaign” to destroy his
reputation and devastate his chances of being elected president in 2016.
Named defendants in the complaint filed before Makati City Prosecutors’ Office are Senators Antonio Trillanes IV and Alan Peter Cayetano, Caloocan Rep. Edgar Erice, Ombudsman Conchita Carpio Morales, Anti-Money Laundering Council executive director Julia Abad, and other AMLC members Emmanuel Dooc, Amando Tetangco Jr., and Teresita Herbosa.
Also included as defendants are whistleblowers in the alleged corruption in Makati City – former Vice Mayor Ernesto Mercado, former Makati official Mario Hechanova, Renato Bondal, Nicolas Enciso, and a broadsheet.
In the 41-page complaint filed in Binay’s behalf by lawyer Carlo Certeza, it stated that the “defendants are civilly liable for defamation under Articles 33 of the Civil Code in relation to Articles 353, 355, and 358 of the Revised Penal Code.”
Binay, in the complaint, said the defendants acted in conspiracy and in collusion with another to blatantly and publicly malign his good name and reputation in the hope that through their “devious and conniving scheme and machinations,” he will no longer run as president.
“The plaintiff ’s name and reputation will be so blackened from the baseless and fabricated accusations against him that he will lose the trust and confidence of the voters,” it was stated.
In his prayer, Binay asked the court to order the defendants to pay P100 million as moral damages, and another P100 million as exemplary damages.
VP panicking?
But Trillanes shrugged off the suit, saying he believes the Vice President is already in “panic-mode.”
Trillanes was the one who called for an investigation into the various corruption allegations against the Vice President in the Senate.
The Senate Blue Ribbon subcommittee is currently investigating Binay’s alleged involvement in the reported overpriced Makati City Hall Building 2, anomalies in the Pag-IBIG housing transactions, alleged irregular Alphaland-Boy Scouts of the Philippines (BSP) deal, and his purported ill-gotten wealth. Bondal welcomed the damage suit. “As public official, (Binay) pronounced that he will run for president. As a citizen, we have the right to freedom of expression. Although I frequently react to what he is saying,” Bondal said.
“I will carry that like a badge of honor that they (Binay camp) filed libel (sic) suit against me,” Bondal added.
Defendants’ roles
In the complaint, Binay said Cayetano, Trillanes, and Erice, are the designated “attack dogs” or talking heads who will publicly persecute the Vice President.
Mercado, Hechanova, Bondal, and Enciso are the alleged “paid witnesses” who will maliciously accuse Binay in public of crimes and defects that are mere fabrications.
Defendants Tetangco, Herbosa, Dooc, Abad, and Morales are the alleged designated “government inquisitors” tasked to undertake a general fishing expedition using government resources against Binay and to maliciously persecute him even if the allegations against him have no basis both in fact and in law.
Tetangco, Herbosa, Dooc, and Abad, as AMLC members were tasked to illegally examine Binay’s bank accounts, maliciously prepare a report that Binay is engaged in illegal activities such as graft and corruption and money laundering.
Morales, on the other hand, was tasked to use her office in conducting a preliminary investigation on a criminal complaint instituted against Binay to determe the existence of probable cause for criminal indictment, and file with the Sandiganbayan an Information against Binay.
Court as the proper venue
Certeza said the Vice President has chosen the courts, where the “rudiments of fair play govern” to air his complaint “unlike his detractors who shamely use mere publicity gimmicks to make baseless accusations.”
“This damage suit will allow the Vice President to prove what has had been saying all long – that the charges made against him are solely intended to malign his character and destroy his chances of being elected President,” said Certeza.
This way, Certeza said both Binay and his detractors will be given equal chances to prove all their claims where strict rules on evidence are applied in search for the truth.
“In court, mere allegations without proof, which is the strategy of VP’s detractors, will not be accepted,” Binay’s lawyer said.
Under the orderly procedure prescribed by the Rules of Court, the Vice President will present evidence to show how his detractors have connived to repeatedly lie to the public about their baseless charges of corruption.
“The P200 million was chosen as the amount the Vice President was accused of earning so we want to return this to them. We will let them pay with that amount,” said Certeza, on the total claim from all respondents.
The basis of the complaint, Certeza said, were the numerous corruption charges against the Vice President, involving the alleged overpriced cakes, alleged rigging of city building projects and properties bought in Batangas.
“They were publicized in installment, their only goal was to destroy the Vice President’s name,” said Certeza.
He said Morales was included as defendant for repeatedly saying that there was strong evidence against Binay even though the preliminary investigation was not yet completed.
Also, AMLA’s report under Abad contained defamatory statements against the Vice President.
Binay also said Cayetano is driven to destroy Binay’s name due to his fear that if the Vice President is elected as president, the primary and biggest revenues for Taguig City will be lost. Cayetano’s wife, Lani, is the current mayor of Taguig.
Trillanes, on the other hand, had publicly admitted his deep and personal animosity against Binay when he accused him of backing out on his commitment to join him in the rebellion against former President Gloria Macapagal Arroyo in 2007.