PRE-trial proceedings in the robbery case against former justice secretary Hernando Perez and his co-accused were postponed to September 18.
The Sandiganbayan Second Division handling the robbery case gave Perez, his wife Rosario, brother-in-law Ramon Arceo and business associate Ernest Escaler the chance to file a motion for reconsideration on the resolution denying their motions to quash.
Last Friday, the Second Division upheld the indictment of the four accused of extorting money from former Manila congressman Mark Jimenez in 2001.
The division, chaired by Senior Associate Justice Edilberto Sandoval, threw out the motions of the Perez couple, Arceo and Escaler, questioning the validity of the criminal information for the robbery case filed by the Office of the Ombudsman.
After denying the motions to quash of the accused, the court required all parties in the case, including Jimenez, to attend last Monday's pre-trial conference.
All the accused were present, except for Mrs. Perez, who had earlier waived her appearance during the entire trial.
Jimenez, the prosecution's main witness, was also absent in court despite being subpoenaed by the Second Division last week.
Lawyer Jesus Santos, lawyer for the Perezes, said the absence of Jimenez was proof that he is no longer interested in pursuing the case.
The lawyer noted that as early as late last year, Jimenez already submitted an affidavit of desistance but the ombudsman still filed the case with the Sandiganbayan last April.
Santos, also a lawyer for First Gentleman Jose Miguel "Mike" Arroyo, said Perez was merely "a victim of injustice and dirty politics." He however did not elaborate.
Also on Monday, the anti-graft court's Third Division canceled last Monday's arraignment of Perez in a case for falsification of public documents and reset the same to July 24.
The postponement was due to the pending motion to quash earlier filed by Perez. (Sunnex)
