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Friday, April 25, 2008

 

Ombudsman opposes Nani Perez plea

By Jomar Canlas, Reporter

The Office of the Ombudsman on Thursday opposed before the Sandiganbayan a plea of former Justice Secretary Hernando “Nani” Perez to suspend proceedings on criminal charges against him.

The court was asked to dismiss the motion of Perez for lack of merit.

The opposition was submitted by the Office of the Ombudsman during a hearing at the Sandiganbayan Third Division handling the falsification of public documents case against Perez. The former Justice secretary was given five days to reply to the opposition.

The Office of the Ombudsman argued that the motion of Perez to suspend the proceedings would be of no moment since the Supreme Court has not yet issued a temporary restraining order.

It pointed out that Perez’s petition for certiorari before the High Tribunal alleges “matters of defense which will be more properly dealt with if this principal case will proceed.”

“Wherefore, it is most respectfully prayed that the subject manifestation and urgent motion to suspend proceedings be denied, unless within 10 days from April 18, 2008, the Supreme Court would issue a temporary restraining order or writ of preliminary injunction restraining this Honorable Court [Sandiganbayan] from proceeding with this case,” according to the pleading.

The Office of the Ombudsman argued that the allegations of Perez that there would be a possibility of conflicting decisions to be rendered by the High Court and the Sandiganbayan is “speculative.”

The Second Division of the Sandiganbayan handling another case—robbery-extortion—against the former Justice chief gave the prosecution 10 days to file its comment or opposition as to another motion to suspend proceedings filed by Perez. Another five days was given to the Perez camp to reply to the said comment-opposition and then it shall be submitted for decision.

Today, the Sandiganbayan First and Fourth divisions are expected to hear similar motions filed by Perez. Both divisions are handling the graft cases filed by the Office of the Ombudsman against Perez.

Ombudsman Merceditas Gu­tierrez had ordered the filing of criminal charges before the Sandiganbayan against her former boss (Perez), his wife, and two others in connection with the $2 million that Perez had allegedly extorted from former Manila Rep. Mark Jimenez.

The money was also alleged to be a bribe for Perez, who had allegedly threatened Jimenez with life in jail if the former lawmaker would refuse to come across.

The $2 million allegedly was part of the total of $14 million in payoff from a power deal with an Argentine firm.

   

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