Metro Manila (CNN Philippines, November 17) — The Sandiganbayan has denied former Makati City Mayor Elenita Binay’s motion for leave to file a demurrer to evidence in a graft case.
Binay is facing graft and malversation charges over the purchase of medical equipment for the Ospital ng Makati worth ₱9.9 million in 2001 without conducting public bidding.
In a resolution promulgated on Nov. 4 and uploaded on the Sandiganbayan website only recently, the anti-graft court’s 4th division said the motion lacked merit as Binay’s camp supposedly failed to state their grounds for the demurrer to evidence.
A demurrer to evidence is a motion to dismiss a case filed soon after the prosecution rests its case. The defendant would waive his right to present evidence and argue for the immediate dismissal of the charges on the ground that the prosecution’s evidence is weak.
“On the contrary, upon careful review of the records, the prosecution was able to show that prima facie cases exist against the accused,” the Sandiganbayan said.
“Other arguments raised by the accused are evidentiary in nature and can be appreciated best in the course of the trial through the presentation of defense evidence,” its resolution also read.
