THE Sandiganbayan’s Fifth Division has denied the prosecution plea to make the co-accused of former Makati Mayor Elenita Binay a state witness against her in the case involving the alleged anomalous purchase of furnitures amounting to P72 million.
The anti-graft court’s division, in a 19-page resolution dated Aug. 22, junked the Ombudsman’s motion to discharge the former chief of the Makati General Services Office, Ernesto Aspillaga, from the case and consider him as a state witness against Binay.
Ombudsman prosecutors said they would use Aspillaga as a state witness in light of his testimony at the Senate blue-ribbon sub-committee in September 2014 that no real public bidding was held for the furniture acquisition.
Aspillaga, the prosecutors claimed, would provide direct evidence that Binay ordered the alleged simulated or rigged bidding for the procurement of office partition and furniture worth P72.06 million from Office Gallery International Inc. in 1999 during her incumbency as Makati mayor.
Binay faces trial at the Sandiganbayan in connection with the anomalous purchase of office partitions and furniture worth P70.06 million in 1999 during her tenure as Makati mayor.
Ombudsman prosecutors said Aspillaga would testify the purchase request forwarded to his office had a handwritten note from Binay identifying the winning supplier.
Binay, however, opposed the potential testimony of Aspillaga, saying it was immaterial in the case because during the hearing on the motion, it was revealed that Aspillaga no longer possessed the handwritten note.
Thus, the court ruled that Aspillaga could no longer corroborate the alleged participation of Binay in the transaction.
In addition, the antigraft court said Aspillaga’s testimony in the Senate was not considered as a “corroborating evidence” in court.
“Corroborating evidence in this case has to be additional evidence, other than the testimony of Aspillaga, which will support the latter’s claim that it was accused Binay who dictated upon the procurement and bidding process. Specifically, it has to be evidence relating to the handwritten note and instruction coming from accused Binay,” the court said.
The court added that: “The prosecution cannot rely on Commission on Audit findings and bidding documents that speak of irregularity in the procurement process as evidence due to its vague meaning.”
“Without any other evidence on the existence of the alleged handwritten note sent by accused Binay, material points in the testimony of Aspillaga regarding accused Binay’s participation cannot be corroborated,” the court said.
Binay, wife of former vice president Jejomar Binay, is also charged with graft and malversation of funds at the Sandiganbayan’s Third Division over the alleged anomalous P45 million worth of purchase of beds and sterilizers for the Ospital ng Makati.
In November last year, the Sandiganbayan dismissed the graft case against Binay pertaining to the alleged anomalous purchase of office partitions and furniture amounting to P21.7 million.
The court also dismissed another graft charge leveled against her over the P13.25 million worth of purchase of office fixtures and furniture for the new Makati City Hall.