The Makati Regional Trial Court has said it will proceed with the P200-million damage suit filed by Vice President Jejomar Binay against several people including senators Antonio Trillanes IV and Alan Peter Cayetano, citing a valid cause of action against Binay’s detractors.
“The Omnibus Order clearly belies the contention of the defendants that VP Binay’s damage suit is merely a harassment case,” according to lawyer Claro Certeza, Binay’s lead counsel.
“The vice president welcomes the development as it proves that in the proper venue, where the rules of fair play are strictly observed, there can be a somber appraisal of the truth as to the charges hurled against VP Binay,” he added.
In a 40-page Omnibus Order issued by Judge Elpidio R. Calis last Jan. 5, the court denied several motions to dismiss the charges. The court also ruled that the grounds relied upon by the defendants to dismiss the case were improper.
“VP Binay can now prove what he is saying all along—that the inquisitorial proceedings conducted by his political detractors were all designed simply to destroy his presidential bid,” Certeza said.
VP Binay filed the damage suit against Senators Cayetano and Trillanes IV; members of the Senate Blue Ribbon Sub-Committee; former Makati City Vice Mayor Ernesto Mercado and general services head Mario Hechanova, lawyer Renato Bondal and Nicolas Enciso VI (the “Mercado Group”); Congressman Edgar Erice; Anti-Money Laundering Council officials Amando Tetangco Jr., Emmanuel Dooc, Teresita Herbosa, and Julia Abad; Ombudsman Conchita Carpio-Morales, and the Philippine Daily Inquirer for “conspiring to destroy his reputation and consequently, to derail his presidential bid.”
The defendants were also sued for violating Articles 19, 20 and 21 (human relations), 32 (constitutional rights), and 2176 of the Civil Code when they repeatedly spread allegations of plunder, graft and corruption, and other illegal activities against him based on unverified and even fabricated sources, and despite the fact these have not been proven in court.
The vice president said the respondents also violated Article 33 (libel) of the Civil Code in relation to Articles 353, 355 and 358 of the Revised Penal Code.
The defendants filed either Answers with Special and Affirmative Defenses, Motions to Dismiss, and/or Comments stating that the Vice President’s Complaint does not state a cause of action against them.
The Court Order also took to task the Ombudsman and the AMLC for using government lawyers from the Office of the Solicitor General/ Office of the Ombudsman to represent them in the case.
Since they are being sued in their personal and not official capacities for their complicity in the scheme to destroy the reputation of VP Binay, the court said they cannot use government lawyers, who are paid with public funds, to defend them otherwise, they would violate the law.
“All told, the accusations made by the Mercado Group are just that, mere accusations. They are, however, sufficient for Defendants’ purposes – they have the lies, these lies just have to be repeated long and consistently enough to create a negative public perception on the Vice President,” the complaint stated.
“Unfortunately, despite the lack of legal and factual basis, the Mercado group was allowed to use the Senate as their public venue to accuse the vice president of all manner of crimes regardless of the absence of proof.
“For their efforts, the Mercado Group was even immediately rewarded with coverage under the Witness Protection Program to protect them from any liability for peddling their lies.
“Defendants Trillanes, Cayetano and Erice, as the designated “talking heads”, repeated the lies of the Mercado Group in media interviews in order to ensure maximum repetition,” the complaint read.
