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Wednesday, June 25, 2003
Mark Jimenez SC suit v. HRET opposed
By Benjamin B. Pulta
THE suit of incarcerated Manila 6th Dist. Rep. Mario B. Crespo, alias Mark Jimenez, before the Supreme Court (SC) questioning the ruling of the House of Representatives Electoral Tribunal (HRET) against him was opposed Tuesday by one of the parties in the case.
In a 31-page pleading, Rosenda Ann Ocampo, a respondent in the suit, through her lawyer Peter Quirino-Quadra, urged that Jimenez's "petition be dismissed for lack of merit and the application for the issuance of a temporary restraining order be denied."
Quadra says Jimenez, who is currently being held in custody in the United States in connection with a number of offenses involving illegal campaign contributions during the time of former president William Jefferson Clinton, "is a resident of South Forbes Park, Makati and has never been a resident of...Manila."
Jimenez is urging the SC to issue a restraining order against the HRET, which in March ruled that Jimenez is guilty of massive vote-buying.
"Jimenez left for the United States and there resided for nearly 20 years. He then became a permanent resident of that country for which he was issued an immigrant visa. As a result, respondent (Jimenez) lost his Philippine residence," Quadra, quoting a portion of the HRET ruling, said.
"No evidence has been presented to show that respondent (Jimenez) has taken part in community activities or that he was seen in public places," he added.
Jimenez was born in 1946 at the Paco district in Manila, which his detractors say is part of the 5th not the 6th congressional district.
The HRET ruling against Jimenez came barely three weeks after it declared him (Jimenez) ineligible for the said post for lack of residence in the district he represents, and ordered him to vacate his office in Congress.
Voting 6-2, the nine-member HRET ruled that Jimenez engaged in massive vote-buying activities in the barangays of the 6th District of Manila in the May 14, 2001 elections as evidenced by the affidavits of 21 of the 51 witnesses for protestant Pablo Ocampo. Ocampo also ran for Congress and placed second to Jimenez in the 2001 polls.
Those who voted in the majority were Justice Puno and fellow Supreme Court Justices Vicente V. Mendoza and Leonardo A. Quisumbing, and Representatives Joaquin Chipeco (Laguna); Zenaida Cruz-Ducut (Pampanga); and Douglas Cagas (Davao).
Reps. Magtanggol Gunigundo I (Malabon-Navotas) and Salacnib Baterina (Ilocos Sur) dissented from the majority.
The latter said Ocampo was not able to show proof of massive vote-buying or establish the involvement of Jimenez or his leaders and sympathizer in illegal activities. Rep. Oscar Rodriguez (Pampanga) was on official leave and was unable to vote on the case.
Jimenez faces various criminal charges including wire fraud, falsification of public documents and illegal campaign contributions before a Florida court. He left the country for the US last December before a Manila court could rule on the extradition request by the US government against him.
(June 25, 2003 issue)
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