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Saturday, April 19, 2008
Ombud files graft raps vs Perez, 3 others
MANILA -- Four criminal charges were filed against former justice secretary Hernando Perez, his wife Rosario, and their two business associates before the Sandiganbayan on Friday.
The Office of the Ombudsman filed the charges after finding probable cause to bring Perez, his wife, and their business associates Ernest Escaler and Ramon Antonio Arceo Jr. to trial over charges that they extorted US$2 million from businessman and former Manila Representative Mark Jimenez.
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The alleged wrongdoing allegedly happened when Perez was justice secretary.
The Perez couple and their business associates were charged with violation of Section 3 (b) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act and robbery, which is penalized under Article 293 in relation to Article 294 of the Revised Penal Code.
The anti-graft body also filed two other criminal charges against Perez, namely, violation of Section 7 of RA 3019 in relation to Section 8 of RA 6713 or the Code of Conduct and Ethical Standards for Public Official and Employees, and falsification of public documents.
Assistant Special Prosecutor III Elvira Chua recommended that bail be set at P178,000 for Perez and P130,000 each for his wife, Escaler, and Arceo.
The filing of the cases was approved by Ombudsman Merceditas Gutierrez, who served as one of Perez's undersecretaries at the Department of Justice (DOJ).
In the criminal charge sheets for the violation of Section 7 of RA 3019 and robbery, Perez was accused of conspiring with his wife and two business associates in demanding and receiving US$2 million from Jimenez, also known as Mario Crespo.
The money, according to the Ombudsman, was "in consideration of accused (Perez) desisting from pressuring (Jimenez) to execute affidavits implicating target personalities involved in the plunder case against former President Joseph Estrada and in connection with the pending application of (Jimenez) for admission into the Witness Protection Program of the government."
In the charge sheet for robbery, the Ombudsman further alleged that the four accused "intimidated" and "threatened" Jimenez with arrest and imprisonment in a city jail "where he will die of boils with hardened criminals and drug addicts" after he refused to execute affidavits implicating Estrada's cronies and should he refuse to give the amount.
"Under such threat and intimidation, (Jimenez) gave the amount of US$1,999,965 to accused Secretary Perez by depositing the same with the overseas account of accused Ernest L. Escaler in Coutts Bank in Hong Kong," the anti-graft body said.
It claimed the money was eventually transferred to the private account of Perez's wife and Arceo at EFG Private Bank AG in Geneva, Switzerland.
Both Perez's wife and Arceo issued a power of attorney in favor of the then DOJ chief with respect to their account, the Ombudsman added.
On the falsification case against Perez, the Ombudsman noted Perez's failure to disclose in his statement of assets, liabilities, and net worth (SALN) for year ending December 31, 2001 his wife's bank deposit of US$1.7 million, more or less, in bank accounts 338118 and 348118 at EFG Private Bank.
That failure also constitutes a violation of Section 7 of RA 3019, it said.
Besides Jimenez, other witnesses listed by the Ombudsman in the charge sheets include Wayne Patrick Walsh, deputy principal government counsel at Hong Kong's DOJ; Wendy Lee Wing Tak, regulatory risk manager of Coutts Bank von Ernst Ltd.; and Vladimir Stemberger, vice president and lawyer of EFG Private Bank.
'Cheap charade'
The United Opposition (UNO) meantime said the graft charge against the former justice chief was just another cheap charade designed to create a public illusion that the Ombudsman is capable of prosecuting graft cases against friends and relatives of President Gloria Macapagal-Arroyo.
UNO spokesperson Adel Tamano said the opposition expected the "legally infirm" graft case against Perez to be dismissed by the Sandiganbayan "even before it can be filed by Ombudsman Gutierrez."
"This reminds us of Oliver Lozano filing impeachment proceedings against President Arroyo before the House of Representatives," Tamano said.
Earlier, incumbent Justice Secretary Raul Gonzalez Sr. said the Ombudsman would have a difficult time prosecuting the graft case against Perez since Jimenez has withdrawn the charges by executing an affidavit of desistance.
UNO president and Makati Mayor Jejomar Binay said the case filed against Perez was weak and that Gutierrez, a law school classmate of First Gentleman Jose Miguel "Mike" Arroyo, suffered from "poor credibility in the eyes of the Filipino people."
"The Ombudsman has a long way to go to prove its independence from Malacañang," said Binay. "The reality is that under the Arroyo administration, the Ombudsman is engaged in selective prosecution," he said.
"It is common knowledge that graft complaints against political opponents are expedited even if these are bereft of factual or legal merit," Binay added. "On the other hand, complaints against administration allies gather dust, and in case they do get filed with the Sandiganbayan, the cases are built on faulty foundations that the courts have no other option but to dismiss them."
With Jimenez having executed an affidavit of desistance, Binay said the Ombudsman knew that its case against Perez case is weak, but decided to go through with it anyway. (AH/Sunnex)
For more Philippine news, visit Sun.Star Cagayan de Oro. (April 19, 2008 issue)
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