FORMER MAKATI City Mayor Elenita S. Binay has asked the Sandiganbayan on Thursday to junk the request of state prosecutors to cite her for contempt of court for traveling abroad without permission from the court.
"The prayer to cite the accused in contempt should accordingly be denied," said the wife of incumbent Vice President Jejomar C. Binay.
This, as Mrs. Binay left the country on Mar. 18 to attend the inaugural mass of Pope Francis in Vatican City, despite the lack of permission from the court’s fifth division where she faces a graft case, said state prosecutors in a "Motion" filed last Apr. 2.
They added that the third division, whose justices are in-charge of signing resolutions of the fifth division justices as they were in Cagayan de Oro City for hearings, granted her travel authority issued only on Mar. 19, making it insignificant as Mrs. Binay was already abroad.
In the said motion, state lawyers also asked the court to hold accountable "officials of the executive branch" who let her fly out of the country amid the court’s hold departure order. The prosecution did not specify any name.
On the other hand, Mrs. Binay told the anti-graft court’s fifth division that the mere request of state lawyers cannot start contempt proceedings against her as court rules require a petition with original supporting documents and paid docket fees.
"...[I]n all cases other than those initiated by the Honorable Court ... contempt proceedings may not be initiated by a mere motion, but through a verified petition with supporting particulars and certified true copies of pertinent documents or papers and full compliance with requirements for filing initiatory pleadings for civil actions," she stated.
"Instead, the motion is anchored on an unverified and unconfirmed news report from an online edition of a national daily," she added.
She also opposed the state lawyers’ request to null her P30,000-travel bond which she has not yet withdrawn.
"With respect to the prosecution’s prayer for the forfeiture of her travel bond, herein accused opposes the same for utter lack of basis."
Mrs. Binay faces a graft case in the fifth division for giving undue advantage to Office Gallery International, Inc. via a rigged bidding, wherein a padded contract worth P72.06 million was awarded to the said firm for the purchase of office furnitures and fixtures for the new Makati City Hall in 1999.
By: http://www.bworldonline.com
