The Junjun Binay libel case vs Trillanes

Former Makati Mayor Junjun Binay: "Allegations besmirched my good name."

Former Makati Mayor Junjun Binay: “Allegations besmirched my good name.”

Sen. Antonio Trillanes IV. He said he will continue exposing the truth about the Binays.

Sen. Antonio Trillanes IV. He said he will continue exposing the truth about the Binays.

Telling the truth does not make one immune from libel suits.

Last Monday, Judge Dina Pestano Teves of the Makati Regional Trial Court 142, released the warrant of arrest for Sen. Antonio Trillanes IV after finding probable cause in the suit filed by former Makati Mayor Jejomar Erwin “Junjun” Binay Jr.

Trillanes, who is running for vice president as an independent candidate in the coming May election, is in Washington D.C. for the National Prayer Breakfast, an annual event hosted by members of the United States Congress and organized by a Christian Fellowship Foundation attended by some 3,500 guests from all over the world. The U.S. president usually attends the event held every first Thursday of February.

But the senator sent his reaction to the news about the warrant of arrest for him. “If the Binay family believes that I can be intimidated and threatened from exposing them, they are badly mistaken. I will do everything I can to make sure that plunderers will not rule this country again”, he said.

His lawyer, Rey Robles, said they have not yet received the official copy of the investigating prosecutor’s Resolution. But he assured the public that the moment the senator arrives “he will voluntarily submit himself to the jurisdiction of the Honorable Court, if so required.”

Robles added: “This is without prejudice to the Senator’s right to file a motion for reconsideration or even appeal said resolution to the Department of Justice, if warranted by the circumstances.”

Having survived seven years of detention for standing up to the most powerful person of the land, a libel suit is not something that would make the crusading senator cower in fear.

The libel suit stemmed from media interviews after he filed a Senate resolution in April last year to investigate the alleged “Justice for sale” practice in the Court of Appeals and other branches of the judiciary following the March 16, 2015 temporary restraining order issued by the C.A. on the suspension by the Ombudsman of Junjun Binay in connection with the investigation of the alleged overpriced construction of the Makati Parking Building.

Trillanes, citing “reliable sources privy to the matter”, said, “a lawyer by the name of Pancho Villaraza facilitated the transaction and talked to Associate Justices Reyes and Acosta and each of them received twenty million pesos for the TRO they issued. When the Ombudsman, DILG, and DOJ did not recognize the TRO, a second transaction was allegedly consummated with Associate Justices Reyes and Acosta allegedly receiving an additional five million pesos each upon the issuance of a writ of permanent injunction. This was purportedly the reason why the concerned CA division issued the writ of preliminary injunction with undue and inordinate haste long before its TRO is supposed to elapse.”
The CA associate justices Trillanes referred to were Jose Reyes Jr. and Francisco Acosta. Pancho Villaraza is the well known lawyer Arthur Villaraza, who is reportedly supporting the presidential bid of Vice President Jejomar Binay.

In filing the libel suit against Trillanes, Junjun Binay said “The damaging and ruinous claims spewed out by respondent Trillanes are mere concoctions and fabrications with no other purpose than to malign, discredit, ruin my reputation, and besmirch my good name as well as that of my family.”

Trillanes is also facing a contempt case before the CA.

Trillanes invoked parliamentary immunity and freedom of speech as the case of the TRO was connected with the investigation of the overpriced Makati Parking Building which had led to other alleged irregularities in Makati and exposed the wealth of the Binays including the sprawling Hacienda in Batangas.

TROs for sale is an open secret in the legal community. It’s something that everybody seems helpless about and has come to accept. But truthfulness is not a defense in libel.

The elements of libel are publication, sharing with others; identifiability; imputation of vice, defect or crime; malice (ill-motive). It carries a minimum punishment of six months and maximum punishment is six years and a fine.

Actually the issuance of that TRO was a brief victory for Junjun Binay because last October, in an administrative case, the Ombudsman ordered his dismissal and perpetual disqualification from holding a public office.

The Binays have also included Trillanes in a P200 million damage suit they filed against their detractors including Ombudsman Conchita Carpio Morales, Bangko Sentral ng Pilipinas Governor Amando Tetangco Jr., the Philippine Daily Inquirer, the Anti-Money Laundering Council.

Things are still unfolding.

The story of two unreceived notices: 1.Binays of Makati

Binay supporters throw monobloc chairs at police

Binay supporters throw monobloc chairs at police

Is the scene in Makati – Mayor Junjun Binay defying the Ombudsman’s suspension order – a preview of a Jejomar Binay presidency?

Early evening news yesterday reported that finally, the suspension order by the Office of the Ombudsman of Makati Mayor Junjun Binay was served. But not without violence.

Supporters of the Binays were seen throwing monobloc chairs at police officers. Vice President Jejomar Binay was also seen berating Senior Superintendent Elmer Jamias, deputy director of the Southern Police District (SPD), accusing the latter of preventing their supporters from entering the City hall premises where they were holding a rally/vigil.

This second suspension on Junjun Binay is in connection with the allegedly anomalous construction of the Makati Science High School.

As of this writing, the Court of Appeals has not issued a temporary restraining order being asked by Binay.
It will be recalled that last March the CA stopped the suspension of Binay in connection with the overpriced construction of the Makati City Hall Building 2. The Ombudsman questioned before the Supreme Court the legality of the CA TRO.

The public is awaiting the SC’s decision on that case.

Yesterday, amidst Binay’s defiance, Ombudsman Conchita Carpio-Morales issued the following statement:

“The Office of the Ombudsman is independent and performs its mandate according to law and the evidence. It will never succumb to any perceived pressure or be blinded or deafened by political grandstanding. It will not tolerate open defiance of constitutional processes or calls for mob rule. This is about the right of the Filipino people to hold their public servants to the highest bar of accountability and to bring them before the bar of justice if they are accused of betraying the public trust.

“Public office is a public trust. No official, from the lowest to the highest, is exempt from accountability. When the Office of the Ombudsman, in accordance with its Constitutional mandate, finds compelling grounds to issue a preventive suspension order, it will do so.

“Preventive suspension is not punitive as it is preventive in nature meant to protect the integrity of the investigation process. Public interest requires that those in positions of power and authority do not have the opportunity to tamper with public documents and harass witnesses to frustrate the ends of justice.”

Watch the full video here:

http://www.abs-cbnnews.com/video/nation/metro-manila/06/30/15/full-video-binay-supporters-throw-chairs-cops

From the Files: The Binays

THE Department of Interior and Local Government has served today the suspension order issued by the Office of the Ombudsman on Makati City Mayor Jejomar “Junjun” Binay Jr.

The anti-graft body issued March 11 the six-month preventive suspension on Binay and 15 other City Hall officials over charges of alleged corruption in the construction of the Makati City Hall Building II, a report published on gmanetwork.com said.

Junjun Binay is the namesake of his father, the vice-president of the Philippines. He is one of the seven members of the Binay family, most of whom are into politics.

He started his political career as a chairman of the Sangguniang Kabataan or youth council in Makati.

The Binays are among the political families that rose to power after the EDSA People Power Revolt in 1986. Read more about them in this 2007 report of PCIJ former deputy director Jaileen Jimeno originally published on the iReport magazine.

Click on here or on the photo to read the full article.

Ph05-031713 JM13

VICE-PRESIDENT JEJOMARY BINAY, left, with President Aquino during happier times | PCOO Photo