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Sandiganbayan allows Elenita Binay to challenge evidence in graft case

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Adrian Ayalin, ABS-CBN News

MANILA - The Sandiganbayan 5th Division has allowed former Makati Mayor Elenita Binay to challenge prosecution evidence in the graft case against her over the alleged irregular procurement of office furniture for the Makati City Hall in 1999. In a resolution on March 12, the anti-graft court granted Binay&#x27;s motion for leave to file demurrer to evidence, a plea that seeks the dismissal of a case citing insufficient evidence. With her motion for leave approved, Binay can now challenge all testimonial and documentary evidence the prosecution presented during trial.The court noted the failed effort of the prosecution to turn another accused, former Makati City General Services chief Ernesto Aspillaga, into state witness.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/08/28/18/sandiganbayan-junks-move-to-turn-ex-makati-official-state-witness-vs-elenita-bina">Sandiganbayan junks move to turn ex-Makati official state witness vs Elenita Binay</a></li></ul>“Since Aspillaga’s testimony as state witness was denied admission, there are doubts as to the sufficiency of evidence with respect to accused Binay’s criminal culpability,” the court said in a resolution promulgated on March 12.The resolution was penned by Division Chairperson Rafael Lagos, with the concurrence of Associate Justices Maria Theresa Mendoza-Arcega and Maryann Corpus-Mañalac.Binay, Aspillaga, and other former Makati City officials and private individuals from Office Gallery International Inc. are facing graft for the supposedly irregular purchase of P72 million worth of furniture for the city hall.The court gave Binay 10 days from notice to file her demurrer to evidence.“The prosecution may oppose the same by filing its comment/opposition within the same period, from receipt of a copy of accused Binay’s demurrer,” the court said.With the leave granted, Binay can still present her counter-evidence if the court denies her demurrer to evidence.

MANILA - The Sandiganbayan 5th Division ruled to grant the motion for leave to file demurrer to evidence of former Makati City mayor Elenita Binay as there may not be enough evidence to pin her down in her graft case involving the alleged irregular procurement of office furniture in 1999.

MANILA - The Sandiganbayan 5th Division ruled to grant the motion for leave to file demurrer to evidence of former Makati City mayor Elenita Binay as there may not be enough evidence to pin her down in her graft case involving the alleged irregular procurement of office furniture in 1999.

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Sandiganbayan allows Elenita Binay to challenge evidence in graft case

Adrian Ayalin,

ABS-CBN News

Published Mar 21, 2019 06:08 PM PHT

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Elenita Binay

Makati City Hall

graft

Sandiganbayan

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