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Bed Anomalies Follow After Binay’s Furniture Case Acquittal: SC’s Decision Can’t be Affected by Bias Magistrate’s Partiality

Binay





welcome By: Elena Grace Flores

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

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.




Sandiganbayan’s Clarification

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.




Concrete Proof

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.


Phone Protection: NQ Mobile Security 2 years or NQ Mobile Security 1 year

Another Accusation

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.




http://www.gmanetwork.com/news/story/595902/news/nation/sandiganbayan-denies-elenita-binay-s-bid-for-recusal-of-top-justice-in-hearing-cases

http://cnnphilippines.com/news/2016/11/17/Sandiganbayan-acquits-Elenita-Binay-over-graft.html

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