MANILA - The Sandiganbayan 3rd Division denied the motion for partial reconsideration filed by the co-accused of former Makati City mayor Elenita Binay in her two graft cases involving the procurement of P45 million medical supplies and equipment in 2001.
Binay was acquitted of 2 counts of graft and 2 counts of malversation charges but supply officer Conrado Pamintuan and administrative officer Jaime Delos Reyes were found guilty of 2 counts of graft.
In a resolution denying the motion of Pamintuan and Delos Reyes, the court noted that the two argued that they were denied due process because their supposed failure to canvass other suppliers were not included in the amended information filed before the court.
“Both accused-movants insist that they cannot be faulted for dispensing with the competitive bidding since it was not their decision to make and that they had no power to override the Committee on Awards,” the court noted.
But the court disagreed with Pamintuan and Delos Reyes, noting that the Supreme Court has consistently ruled that an information need not state the finer details of why and how a crime was committed.
“As correctly pointed out by the prosecution, while such particular fact of failing to conduct a canvass was not specifically alleged in the Amended Informations, it remains to be among the evidentiary facts established during trial which proved or supplemented the ultimate facts alleged therein,” the court said.
The resolution, dated October 27, 2021, was penned by Associate Justice Bernelito Fernandez, with the concurrence of Associate Justices Ronald Moreno, Oscar Herrera, Alex Quiroz and Presiding Justice and Division Chairperson Amparo Cabotaje-Tang.
FROM THE ARCHIVES