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Wednesday, September 25, 2002
SC calls for Jimenez's arrest
THE Supreme Court (SC) Tuesday ruled for the arrest of multimillionaire Manila 6th Dist. Representative Mario B. Crespo, also known as Mark Jimenez.
In a 50-page decision, the High Court en banc granted the petition filed last July 11 by the Department of Justice (DOJ) asking the SC to allow Jimenez's incarceration pending the trial for his extradition which is being sought by the United States government.
Strongly worded, a portion of the ruling said that "our country should not be converted into a dubious haven where fugitives and escapees can unreasonably delay, mummify, mock, frustrate, checkmate and defeat the quest for bilateral justice and international cooperation."
"At bottom, extradition proceedings should be conducted with all deliberate speed to determine compliance with the Extradition treaty and Law; and while safeguarding basic individual rights, to avoid the legalistic contortions, delays and technicalities that may negate the purpose," the ruling said.
Jimenez, 54, was charged before the US District Court for South Florida with two counts of conspiracy to defraud the US government, four counts of tax evasion worth $3.5 million (P175 million), two counts of wire fraud, six counts of false statements and 33 counts of illegal campaign contributions to the Democratic Party including to the campaign kitty of former vice-president Al Gore who narrowly lost to US President George W. Bush.
The offenses were committed between September 1994 and March 1998.
Judge Robert Dube issued the warrant of arrest against Jimenez on April 15, 1999.
The SC in its ruling Tuesday said that while "potential extraditees are entitled to the rights to due process and to fundamental fairness. Due process does not always call for a prior opportunity to be heard. A subsequent opportunity is sufficient due to the flight risk involved."
The SC added that whether Jimenez--a key campaign contributor-- should be incarcerated while the extradition case proceeds will be up to Malacañang.
"Extradition is essentially an executive, not a judicial responsibility arising out of the presidential power to conduct foreign relations and implement treaties. Thus, the Executive Department of government ahs broad discretion in its duty and power of implementation," the SC through Associate Justice Artemio V. Panganiban said.
Among those who filed a dissenting opinion were Associate Justices Jose C. Vitug, and Consuelo Ynares- Santiago.
Among those who sided with the majority are Chief Justice Hilario G. Davide Jr., Associate Justices Vicente V. Mendoza, Antonio T. Carpio, Ma. Alicia Austria-Martinez,Renato C. Corona,Conchita Carpio-Moreales and Romeo Callejo.
Three magistrates, Reynato S. Puno, Josue Bellosillo and Leonard Quisumbing voted to remand the case to the lower court.
In a phone interview, justice secretary Hernando B. Perez said "the ruling is a triumph of justice and that no bail should be granted to persons being requested for extradition even if they are congressmen."
In its 22-page petition filed on behalf of the American government, the DOJ urged the justices to order the lifting of the bail order and the cancellation of the P1-million bond issued by a Manila Regional Trial Court judge (Manila RTC Judge Guillermo Purganan).
The DOJ has said that the bail grant is a dangerous precedent, which gives a potential extraditee the opportunity to flee and avoid extradition.
Purganan issued on May 23 an order setting Jimenez's application for the issuance of an arrest warrant for hearing and on June 3 another order allowing him to post bail.
The DoJ says Purganan refused to recognize a decision of the Court of Appeals disallowing bail for former Quezon Gov. Eduardo Rodriguez and his wife Imelda, who is facing a case of grand theft and attempted grand theft of personal property before a Los Angeles court in November 1985.
The petition urged the court to issue a warrant of arrest against the US fugitive to prevent his escape. SunnexLuzon
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