By Raïssa Robles
Who disappeared Vice-President Jejomar Binay’s cases from the Sandiganbayan website?
It’s very strange.
Ordinarily, case resolutions of the anti-graft court Sandiganbayan are easy to load and download from the website.
It is one of the things I like about the website.
However, no matter how I try – and I’ve tried it dozens of times on different devices – whenever I try to load Vice-President Jejomar Binay’s two case resolutions, this is the message I get on my screen:
Please see for yourself, whether you get the same message.
First, go to the Sandiganbayan website – http://sb.judiciary.gov.ph/
And click on Decisions/Resolutions – http://sb.judiciary.gov.ph/decision.php
On the left window “Please Select type” – select “Resolutions”
On the right window “Please select year” – highlight 2011
Then click on “Show”.
You will come to this page with the following URL – http://sb.judiciary.gov.ph/decision.php?docutype=RESOLUTIONS&year=2011&show=Show
Now this is what is very strange.
Click on all the other case resolutions and the PDFs will all easily upload and you can read the resolutions.
Crim Case/s SB-09-CRM-0078 – People vs. Belicena, et al
http://sb.judiciary.gov.ph/RESOLUTIONS/2011/C_Crim_SB-09-CRM-0078_Belicena,%20et%20al_03_09_2011.pdf
Crim Case/s SB-10-CRM-0100 – People vs. Vergara
http://sb.judiciary.gov.ph/RESOLUTIONS/2011/C_Crim_SB-10-CRM-0100_Vergara_03_09_2011.pdf
Crim Case/s 20187 – People vs. Garcia, et al
http://sb.judiciary.gov.ph/RESOLUTIONS/2011/E_Crim_20187_Garcia,%20et%20al_05_06_2011.pdf
Crim Case/s 28107 & SB-09-CRM-0194 – People vs. Garcia, et, al
http://sb.judiciary.gov.ph/RESOLUTIONS/2011/E_Crim_28107%20&%20SB-09-CRM-0194_Garcia,%20et,%20al_05_09_2011.pdf
Civil Case/s 0187 – People vs. Cojuangco,et al
http://sb.judiciary.gov.ph/RESOLUTIONS/2011/F_Civil_0187_Cojuangco,et%20al_06_15_2011.pdf
Crim Case/s 26151,26153,26154 – People vs. Dupiano,et al
http://sb.judiciary.gov.ph/RESOLUTIONS/2011/J_Crim_26151,26153,26154_Dupiano,et%20al_10_04_2011.pdf
Now click on the two case resolutions referring to Binay’s cases –
Crim Case/s SB-06-CRM-0471 – People vs. Binay, et al
http://sb.judiciary.gov.ph/RESOLUTIONS/2011/D_Crim_SB-06-CRM-0471_Binay,%20et%20al_04_07_2011.pdf
SB-06-CRM-0471 Case/s Binay, et al – People vs. 04
http://sb.judiciary.gov.ph/RESOLUTIONS/2011/D_SB-06-CRM-0471_Binay,%20et%20al_04_07_2011.pdf
And you will get the same messge:
Did someone do this intentionally? So the public cannot read Sandiganbayan’s resolutions on VP Binay?
Or is this an honest glitch in the system?
Actually, I wasn’t the one who noticed this first.
A reader, who asked not to be named, e-mailed me about it and asked me if I could download the case resolutions for him.
I couldn’t. No matter how many times I tried.
Can readers please try?
Then post here whether you succeeded or not.
manuel buencamino says
Raissa,
Off topic. I went back to the Sandigan website and was finally able to download rim Case/s SB-06-CRM-0471 – People vs. Binay, et al.
However, SB-06-CRM-0471 Case/s Binay, et al – People vs. 04 is no longer in the list of downloadable cases.
Leobert says
I tried to download this morning SB-06-CRM-0471 Case/s Binay, et al – People vs. 04 but it says web page is not available. Binays are really crook and should not win in the 2016 elections
dodong says
yvonne says:
November 25, 2014 at 2:18 am
THE LEAK, THE COVER-UP, AND THE MISSING BINAY-CASE DOCUMENT AT THE SANDIGANBAYAN
.
The day started like any other Monday morning. There was the usual flag-raising ceremony at the grounds of the Sandiganbayan. After singing the national anthem the employees find their way into their offices inside the imposing building housing the country’s anti-graft court.
But it was not to be an ordinary Monday – it was bound to be a Monday that will taint and tarnish the reputation of the Sandiganbayan and its justices for many years ahead.
THE LEAK
By mid-morning the employees, and presumably some visitors, started to huddle together in small groups. Then the small groups grew bigger, just like when they gather for a flag ceremony. The reason: someone just leaked the news that the widely-watched graft case against the highly controversial politician Jejomar Binay was quickly and unexpectedly dismissed by the Third Division for lack of probable cause.
People were in disbelief and questions were flying around: Was it true? How could it be? Wasn’t it that it was only last Friday afternoon that the case was raffled to the Third Division? Wasn’t it that boxes of documents and evidence were just brought to the 2nd floor office of the Third Division after the raffle? How could the Division reached a decision within hours after the raffle, didn’t it have other cases already scheduled in its calendar? What moved the justices to jump-start the Binay case ahead of other cases? Had anything like this ever happened before?
It was not known who made the news leak. There were speculations the leak came from the Binay camp who could not control their jubilation. The belief was that they were gloating over the case dismissal, and wanted to send a strong message to Binay’s detractors that he was well-connected and was untouchable – a message that still reverberates up to these days.
The news leak quickly spread like wildfire and sent shockwaves at the Office of the Ombudsman and COA. Even employees of the Sandiganbayan, who were used to controversies, were in disbelief. The OO held an office on the upper floor and the COA had a field office just across the hall from the Third Division at the 2nd floor of the Sandiganbayan, and the news also reached the COA main office, not far from the Sandiganbayan, in no time.
The shockwave was not much about the dismissal of the graft case – after all, the case was dismissed without prejudice. The shock had more to do with the quickness of the dismissal – barely a few hours after the case was raffled to the Third Division. It was viewed as an over-kill that was certain to draw public attention and scrutiny.
The graft case against Binay was filed by the Ombudsman based on a complaint initiated by former Makati Vice-Mayor Bobby Brillante, and hinged largely on the findings and recommendations of COA’s star auditor Heidi Mendoza. Understandably, Bobby Brillante and employees and officials from the OO and COA who were involved in the case were strongly suspicious on the whys. They spent many months to prepare their case against Binay, so the findings of lack of probable cause was beyond their wildest imagination.
THE COVER-UP
The news media on regular assignment to the Sandiganbayan got wind of the news leak and were asking questions. They wanted a confirmation, or an official statement, from the Sandiganbayan but they were getting nowhere. No one wanted to talk in an official capacity. Their restlessness reached the Presiding Judge who quickly but quietly convened an emergency meeting to handle the emerging scandal.
The news of the case dismissal already leaked in the morning and can no longer be contained or suppressed. The game plan was to impose a news blackout and delay the official announcement as long as possible – make it look like the Third Division spent more hours working on the case than it actually did to soften any suspicion of judicial abuse and impropriety in its decision.
Indeed, GMA Network was among the first to report the news of the dismissal but not until 7:07 PM on October 30.
Inquirer.Net issued a special report at 8:38 PM on October 30.
Ellen Tordesillas, in a web post time-stamped 9:57 PM on October 30, reported: “Just got a text from Joey Salgado, with Makati Mayor Jejomar Binay’s media office: ‘Sandiganbayan third division junked graft case against Mayor Binay for lack of probable case’.”
It was not publicly known if Salgado was also the source of the GMA and Inquirer.Net reports. Salgado was certainly in a “talking” mode but not the Sandiganbayan.
Bobby Brillante was furious. Thereafter he made an allegation that Binay bribed each of the three justices of the Third Division P10 million each to dismiss the case. It was to be the beginning of the next chapter of Brillante’s fight versus Binay.
THE MISSING DOCUMENT
The decision of the Third Division, headed by now retired Associate Justice Godofredo Legaspi, dismissing the graft case against Jejomar Binay was contained in a 5-page Resolution on October 30, 2006. That Resolution is missing in the list of Resolutions/Decisions published in the web site of the Sandiganbayan.
A Google search for that document is fruitless. It appears the cover-up is continuing.
dodong says
repost ko lang yung comment ni mam Yvonne, Kahit sa magpost lang ng article sa FB na against ka kay binay maiintimidate ka na dahil baka balikan ka , Etong pinost ni Mam Yvonne yung sample kung bakit nakakaintimidate si Binay kung taga Makati ka at vocal ka na against ka kay Binay sigurado baka kung may kailangan kang kunin sa city hall na mga papeles o application e mahirapan ka na. Malamang ako yung mga small time na tumestigo laban kay Binay e namomroblema na pag manalo si Binay, Mabuti si mercado bilyonaryo na may pang sangga pa sya. Baka pag natalo na ang mga Binay magkaroon na ng balance of power sa Makati dahil sa ngayon one sided lang dahil majority ng konseho nasa kamay ni Binay kaya namamanipulate nila yung pondo at kurapsyon sa makati.
leona says
I will repeat this –
“. . . if there will be NO impeachment, conviction and removal from office as VP against him before May 2016, Binay CAN become president of RP.”
Lower House and Senate are the instruments.
Leaving it to the votes of the bobotantes TAO BAYAN. . . is the problema and gamble.
vander anievas says
agree with you, @leona.
jorge bernas says
@ leona,
Kahit ano pa mangyari ay hinding hindi mananalo ang mga Binays dahil nakita/nabulgar na mga anomalyang kinasangkutan nilang magpamilya at ang pag-atras nito sa mga debate kay sen. trillanes at hindi pagsipot sa senate hearing ay nantarang pag-iwas sa kahihiyang dahil sa hindi kayang ipaliwanag ang katutuhanang sila ay NAGNAKAW sa KABAN nang BAYAN…bakit kailangan sa MEDIA o sa Sandigan Bayan lamang silang mga Binays magpapaliwanag dahil ang katutuhanan ay DOON sa SandiganBayan ay kaya nilang BAYARAN kahit magkano… tulad nang mga nagdaang mga kaso nila, diba? Pasensiya na po pero yon ang sagot sa katutuhanan na kayang bilhin ang kaso maging sa korte suprema at sana hindi na mangyayari ito ngayon para sa ikabubuti at ikatatahimik nang Bayan…
At sana ang mga Botante maging matalino sa pagpili nang kandidato at sana ang mga bayarang Media ay magbago na maging ang lahat nang mga walang ginawang tama tuwing election…Amen…
leona says
Sana sana sana…Maganda! ‘Di na manalo ang mga Binay at si Binay
Bina-yan ng mga Botantes!
Sabi mo… I Cross My Heart…Salamat George Bernas@ !
jorge bernas says
@ leona,
Just a simple stories, reasons and analysis why binay won the vice pres.bid last 2010 election against Mar Roxas…
1. Because of Samar-Binay faction, APOs frats including some aquinos/cojuancos help and also his so called Sister Cityhood Program Plan..
2. Binay spent more money especially on paid MEDIAs than Roxas…
3. Roxas relax and was so confident to win…
4. Binay anomalies and Dynasties were never EXPOSED yet etc.etc.etc…
But NOW that everything were EXPOSED? including his EPAL move everywhere etc.and Family Dynasties and some of those who help binay had realized and Goes to Mar Roxas including some Church Leaders…
NO to Binay unless he attend the senate hearing and prove his INNOCENT …
Edgar Lores says
Here’s the Scribd link:
https://www.scribd.com/doc/248429920/D-Crim-SB-06-CRM-0471-Binay-et-al-04-07-2011
Thanks Andrew
NHerrera says
@Edgar Lores: I went to link you referenced. Thanks.
The link has the following characters
SB-06-CRM-0471
common to the url addresses used by @Raissa in her article above, all of which addresses failed when she tried them.
I just quickly scanned the link contents — without in any way analyzing the legal arguments contained in that 69-page, optically-scanned (?) document. Offhand, it seems to be the item we are looking for.
Parekoy says
Nagmukhang defense lawyer si Assoc. Justice Martirez!
Ano ba yan Just. Sandoval at Baldoz…
Ang dali lang naman mag-ocular at i-subpoena yung as-built plans kung talagang gusto ng korte.
Anong opinion nyo mga CPM lawyers?
leona says
. . . Ocular inspection of the over-priced bldgs.? Maybe there is really a need for ocular as there is dispute on that.
My opn.
filipino_mom says
correct. you can make a good estimate based on as-built plans as well as other documents related to the construction of the building. plus an ocular inspection, of course.
jorge bernas says
@ Parekoy,
Dapat nagresign na yan si Martirez kong lumalabas na depense lawyer ito gayong tayo nagpapasahod dito…
para tuloy binayaran nang malaki ah…
Ancient Mariner says
Brenda Santiago, turn down the volume. Go sit in the corner and eat your sour grapes.