MANILA: The Sandiganbayan has cleared former Makati City Mayor Elenita Binay of graft and malversation charges arising from the procurement of PHP9.9 million worth of hospital equipment for the Ospital ng Makati (Osmak) in 2001.
In its decision, the anti-graft court also cleared former city treasurer Luz R. Yamane-Garcia, General Service Department head Ernesto A. Aspillaga, Osmak department head Mabel B. Asunio and property inspector Lilia A. Nonate of the charges.
The court said the prosecution failed ‘to prove their guilt beyond reasonable doubt.’
The court said the prosecution’s allegation that documents were falsified in view of the supposed insertion of the words or phrase ‘cryosurgical unit and’ was ‘based entirely on conjecture and speculation which cannot serve as a basis for conviction.’
‘(T)here is simply no evidence to show that the insertion was made by any of the accused and at exactly what point in the procurement or disbursement process was such alleged insertion made,’ the tribunal said.
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(T)hey were not expected to countercheck the report of inspection and personally inspect each and every item procured by and delivered to the City of Makati, including the subject medical equipment, if only to ensure that they were not approving a fraudulent transaction,’ it added.
Binay’s co-accused supply officer Conrado V. Pamintuan and city administrative officer Jaime P. delos Reyes, however, were sentenced to up to eight years imprisonment for their part in irregularities in the procurement without public bidding of cryosurgical units from a supplier, Apollo Medical Equipment and Supplies (Ames) for PHP9.9 million.
Source: Philippines News Agency
