SANDIGANBAYAN ORDERS ARREST OF NANI, 2 OTHERS
MANILA, APRIL 29, 2008 (STAR) By Edu Punay - The Sandiganbayan yesterday ordered the arrest of former Department of Justice Secretary Hernando “Nani” Perez and two others after finding probable cause on graft charges against them in relation to the $2-million extortion case involving former Manila representative Mark Jimenez.The first division of the anti-graft court issued the arrest warrant before it closed at 5 p.m.
The order came after the Supreme Court (SC) deferred its action on the petition filed by Perez asking the Court to issue a temporary restraining order (TRO) that would prevent the Office of the Ombudsman from pursuing the prosecution of the criminal cases against him and his wife Rosario before the Sandiganbayan.
In the order signed by Presiding Justice Diosdado Peralta that was transmitted to the court sheriff’s office, the division recommended P30,000 bail for Perez on charges of violation of Section 3-B of Republic Act 3019 (Anti-Graft and Corrupt Practices Act), one of four charges filed by the Office of the Ombudsman in the court last April 18.
The court likewise sought the issuance of a hold departure order against the former cabinet member.
Also ordered arrested were Perez’s wife Rosario and brother-in-law Ramon Arceo. The same amount of bail was recommended for them.
Ernest Escaler, business associate of Perez and the fourth accused in the extortion case, was not included in the arrest warrant since he already posted bail with the court last week.
Officials at the division’s clerk of court said the arrest warrant was issued to officially put Perez and all co-accused under the jurisdiction of the court.
The court has denied an urgent motion filed by lawyers of Perez and his wife earlier yesterday which sought the deferment of the issuance of arrest warrants against them pending resolution of their appeals with the Supreme Court.
In an urgent manifestation filed with all four divisions of the anti-graft court handling different criminal charges against Perez, his lawyers reiterated arguments they raised in calling for the suspension of court proceedings on the case until after the SC decides on their motion for the issuance of a temporary restraining order or writ of preliminary injunction.
The counsels for the defense, led by Marcial Balgos, asked the anti-graft court to “wait for final determination of petition (with the SC) before taking cognizance of the case.”
A copy of the urgent motion of the defense was given to the Sheriff’s Office of the Sandiganbayan, which serves arrest orders for the court.
Perez’s lawyers filed their petition minutes after the records and receiving section of the anti-graft court opened at 9 am following reports that one of the four divisions handling the charges has already prepared an arrest warrant against their client.
The division had ordered Perez, Rosario, Arceo and Escaler to appear before the court on May 16 for arraignment.
Robbery extortion charges against all four accused are being handled by the second division of the anti-graft court. Separate charges of falsification of public document (violation of Art. 171 of the Revised Penal Code) and grave misconduct (violation of section 7 of RA 3019) against Perez were assigned to the third and fourth divisions, respectively.
Perez sought the suspension of court proceedings at the anti-graft court until his motion with the Supreme Court is resolved.
Government prosecutors, however, opposed the appeal of the accused, saying it did not have ample legal basis and was only based on speculation.
Respondents ordered to comment
The Supreme Court’s Third Division, in a one-page resolution, yesterday ordered the Ombudsman, the Field Investigation Office of the Office of the Ombudsman and Jimenez, as respondents, to file their respective comments on Perez’s petition for a TRO within 10 days from receipt of notice.
The Court issued its one-page resolution as the Perezes filed a second supplemental petition asking the Court to implead the Sandiganbayan in the case and issue a temporary restraining order that would prevent the anti-graft court from issuing arrest warrants against them.
In their second supplemental petition, the Perezes said they have decided to include the anti-graft court as a party to the case following its pronouncement that even if a restraint is issued by the High Court, it would not be binding as the anti-graft court is not a party to the case.
“The Sandiganbayan through its four divisions is acting in grave abuse of discretion or in excess of jurisdiction because from the pronouncements in open court of the said divisions the Sandiganbayan appears overly eager to issue warrants of arrest on the accused without bail for their subsequent detention and in a manner not only inconsistent with due process but also with the deferential courtesy due from this Honorable Court,” the Perezes said in their 21-page supplemental petition.
In their petition asking for the issuance of a TRO against the Office of the Ombudsman, the Perezes said the Ombudsman acted “in excess or without jurisdiction” and had abused their right to procedural due process.
According to the Perez couple, Jimenez’s complaint affidavit was filed on Dec. 23, 2002 but the Ombudsman only approved the recommendation of the investigating panel on Nov. 7, 2006.
The Perez couple also said the Ombudsman relied on prejudicial and inadmissible hearsay, particularly on the “due diligence report” in approving the recommendation to file charges against them.
They further said that the bank documents relied upon by the Ombudsman cannot rise above the level of extrajudicial statements.
According to the couple, the money had already reverted to Escaler as shown by annex G-7 of the FIO complaint.
“With the reversion of the money to Escaler, how could the Ombudsman have found criminal culpability against the herein respondents? That she (Ombudsman) did so is enough reason for this Honorable Court to review and set aside both the joint resolution and the order of the Ombudsman,” the petitioners said. – With Mike Frialde
Reported by: Sol Jose Vanzi
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