Ombudsman to appeal dismissal of case vs Nani

BY PETER TABINGO

THE Office of the Ombudsman yesterday said it will appeal the rulings of the Sandiganbayan First and Second Divisions dismissing robbery and graft charges against former Justice Secretary Hernando "Nani" Perez, his wife Rosario, brother-in-law Ramon Arceo, and businessman Ernest Escaler.

Assistant Ombudsman Jose de Jesus and Deputy Special Prosecutor Jesus Micael said the graft court erred in holding that there was inordinate delay in the preliminary investigation on the robbery with extortion case.

They explained that what took almost three years was the fact-finding investigation which involved gathering evidence from Hong Kong and Swiss banks.

"We simply observed due process and jurisprudence. Preliminary investigation in these cases took only 15 months, not six years. The magistrates may have been misled by the lawyers for the defense," De Jesus said.

He clarified that based on pronouncements of the Supreme Court in the cases of Tilendo vs. Ombudsman and Socrates vs. Ombudsman, preliminary investigation was deemed separate and distinct from fact-finding investigation.

Assistant Ombudsman Mark Jalandoni objected to insinuations that there was deliberate delay in the filing of the indictments against the defendants, which created the technicality that led to the dismissal of the charges.

"We have to make the public understand that it’s not enough to file a complaint before the Ombudsman. We have to build up the case before we go to court to prosecute the case to have any chance of getting a conviction. Gathering of evidence for the Perez cases involved requests to foreign banks for documents – which was beyond the control of this office," Jalandoni noted.

Businessman Mark Jimenez claimed Perez extorted $2 million from him in February 2001 when he refused to execute affidavits that could be used to bolster the plunder case against then President Estrada.

Perez’ wife, Arceo, and Escaler reportedly helped him conceal the money by moving the sum through several accounts abroad.

Following the money trail and getting documentary evidence, Jalandoni said, took a long time to accomplish.

Micael noted the law and jurisprudence recognize that delay is inevitable in cases where circumstances are more complicated.

"What the law prohibited were ‘capricious, vexatious and oppressive delays’ which were not present here," he said.

Sen. Pia Cayetano said Ombudsman Merceditas Gutierrez must be fired by President Arroyo for bungling the Perez case.

"It’s highly suspicious how a high-profile case like this would not go through the normal process of being evaluated by the Office of the Special Prosecutor which will argue the case before the Sandiganbayan," she said.

Cayetano asked the Senate justice committee to look into the case.

Sen. Mar Roxas II said lawyers of the Liberal Party are determining grounds to be used for filing of an impeachment case against Gutierrez for "bungling" the Perez case.

However, he acknowledged that a case against Gutierrez has a slim chance of making it through the overwhelmingly pro-administration House of Representatives.

He said it was time for Gutierrez to be impeached "for failure to do her duty," citing slow action on the cases filed against former agriculture undersecretary Jocelyn Bolante, former Army general Carlos Garcia, and retired police comptroller Eliseo dela Paz.

Senate President pro tempore Jinggoy Estrada said: "Opinion ko lang ito: Halatang hinulog ang kaso. Lahat naman ng ebidensya totoo e bakit na-dismiss?"

Executive Secretary Eduardo Ermita said it is already too late to blame anyone for the failure to get Perez.

"This should be a lesson. Wala tayong magagawa. Basta ang mahalaga, we will observe the rule of law at susundin natin ang kautasan ng proper court," he said. – With Dennis Gadil and Jocelyn Montemayor