Former Makati Mayor Elenita Binay and wife of Former Vice President Jejomar Binay asks Presiding Justice Amparo Cabotaje-Tang to inhibit from hearing her cases over doubts on her impartiality and independence. The remarks that the magistrate made during a hearing in October last year gives Binay the impression of her being bias against her. The Sandiganbayan, however, assures Binay that “bare allegations” of a judge or partiality will not suffice, as per the recent rulings by the Supreme Court.
Youtube video by; ABS-CBN News
[VIDEO]: Former Makati Mayor Elenita Binay related in malversation case bail out P70,000 in the 3rd division of the Sandiganbayan.
Binay’s request to re-raffle her four pending cases to other divisions and hold separate trials for them in a 20-page resolution promulgated on Jan. 13. It is denied by the anti-graft court’s Special Third Division.
In Tang’s case, the Sandiganbayan explains that she only asked Binay’s counsel during the hearing whether the motion for re-raffle was a motion for inhibition and the legal basis for it. It is so because asking other divisions to handle the cases would have the effect of a recusal.
The Sandiganbayan explains that unless there is concrete proof that a judge has a personal interest in the proceedings and the bias comes from an extrajudicial source, that’s when the request can be granted.
Such case is the alleged anomalous purchase of beds worth P36.43 million and P8.83-million worth of medical equipment for the Ospital ng Makati in 2001 without holding public bidding. Binay is already acquitted in the anomalous P13-million purchase of office furniture for the new Makati City Hall building. These cases are filed allegedly by the family’s political enemies over their support of Bongbong Marcos.