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By Jomar Canlas, Reporter
THE Sandiganbayan is poised to execute today the
warrant of arrest against former Justice Secretary Hernando
“Nani” Perez, unless the Supreme Court grants his petition for a
temporary restraining order—which seems unlikely.
Perez’s petition for certiorari asking the
Supreme Court to restrain the Sandiganbayan from proceeding with the
case and the arrest warrant that had gone to the High Court’s
Third Division, instead of an en banc session, a reliable source,
who asked not to be identified, told The Manila Times.
The case will not be heard by the Court en banc,
since the case involves an ordinary criminal case and is not a
capital offense.
The court is unlikely to grant a restraining
order, since the third division will not hold sessions today and
Wednesday, the source told The Times. Justice Consuelo Yñares-Santiago,
chairman of the division, reportedly cancelled sessions on those
days because Justice Alicia Austria-Martinez, one of its members,
will be out of town.
Another source, who also did not wish to be
identified, said a criminal case is normally not restrained by the
Supreme Court, unlike civil and special proceedings cases. The
filing of charges made by the Office of the Ombudsman and the
Department of Justice are upheld unless “there is grave abuse of
discretion.”
Sandiganbayan Presiding Justice Diosdado Peralta
said unless a restraining order is issued, the anti-graft court is
not precluded from issuing a warrant of arrest against Perez.
He said the Sandiganbayan can proceed with the
graft case against Perez, and all he can do is ask the court for
bail.
Earlier Friday, the Sandiganbayan First Division
reportedly issued warrants of arrest and requests to the Bureau of
Immigration for hold departure orders against Perez, his wife
Rosario, in-law Ramon Arceo and business associate Ernest Escaler in
relation to the graft and extortion cases filed against them by the
Office of the Ombudsman.
Perez filed a motion for the suspension of
proceedings, arguing there was a pending petition before the Supreme
Court relating to his claim that there was grave abuse of discretion
by the Office of the Ombudsman.
The Sandiganbayan First Division is now handling
one of the two graft charges filed against Perez in connection to
the $2-million extortion charge filed by former Manila Rep. Mark
Jimenez.
The Perez case involving robbery-extortion was
raffled to the anti-graft court’s Second Division, chaired by
Justice Edilberto Sandoval. The other graft case is now pending with
the Fourth Division, chaired by Justice Gregory Ong, and the
charges on the alleged falsification of public documents case went
to the Third Division, chaired by Justice Francisco Villaruz.
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