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Sunday, December 22, 2002
Palace defends PAGC on raps vs Perez
MANILA -- Malacanang Saturday defended Presidential Anti-Graft Commission (PAGC) chairman Dario Rama on his investigation against Justice Secretary-on-leave Hernando Perez.
Malacanang said Rama is just doing his job. He recommended the filing of charges against Perez for his alleged involvement in the controversial Impsa power deal.
"Chairman Rama has his own program to implement and we know, even before, that if he is investigating someone, he is doing it because that's his mandate," Press Secretary Ignacio Bunye said.
Perez on Friday criticized the PAGC for procedural lapses. He said he would file charges against Rama who had earlier recommended the filing of misconduct and obstruction of justice against him.
PAGC's accusation against Perez arise from his memorandum to Immigration and Deportation Commissioner Andrea Domingo that prohibited her from divulging travel records of the President, Vice President, and members of Congress and the Cabinet.
Rama claimed Perez violated the Charter provision mandating the state to adopt and implement "a policy of full disclosure of all its transactions."
Rama further charged Perez of violating the Code of Conduct and Ethical Standards for Public Officials and Employees that requires all government officials to make documents accessible to the public.
Manila Congressman Mark Jimenez and Bulacan Congressman Wilfredo Villarama had said that Perez issued the memorandum to prevent the two from getting records of his travel to Hong Kong, where he allegedly withdrew a two-million-dollar bribe given by Jimenez.
Jimenez claimed pertinent travel documents would prove that he, together with Perez and Ernest Escaler, were on board the same flight to the Chinese province.
Perez claimed that Rama in his recent actions acted as "a prosecutor, as a complainant and will act as a judge."
Rama himself should be indicted on three grounds, according to Perez.
First, under Executive Order No. 12, the law creating the PAGC, the latter "is a collegial body, then the commission should act as a collegial body," said Perez. "Mr. Rama is not the PAGC itself. It was not shown that it was the act of a collegial body."
Second, Perez pointed out that the PAGC shall not disclose or make public any record or information in connection with its investigation if this would affect the official's right to a fair hearing. "What was painful was that he gave the media the information first," he said.
Third, Perez said the PAGC had no jurisdiction over the case.
Perez disclosed that he had already ordered his lawyers to prepare the criminal and administrative indictment of Rama for "ignorance of the law," among other charges.
Meanwhile, Bunye refused to side with either of the two officials apparently trying to veer away from getting involved in the fix.
"What I would like to say is the PAGC has the mandate to investigate presidential appointees. It is like the Ombudsman, it can conduct its own investigations," he said.
Bunye also said Perez' leave of absence would end on December 27, 2002, a month after the President asked him to take a leave of absence to face the extortion charges hurled against him by the soon-to-be exiled Jimenez.
However, he said extending his leave of absence is a possibility.
"He was given a 30-day leave, but unless there is any other reason, in my view he would be back by December 27," Bunye said.
Bunye said the basis for the 30-day leave given to Perez was the allegations Jimenez charged him with regarding the alleged $2 million he gave Perez through a bank in Hong Kong in exchange for a favorable treatment of the Representative's extradition case, which Rama took the liberty to investigate as well leading to his unfavorable recommendations. (Sunnexluzon)
(December 22 2002 issue)
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