Perez insists on dismissal of graft raps

MANILA, Philippines – Former justice secretary Hernando “Nani” Perez urged the Sandiganbayan to reconsider its decision throwing out his petition to quash the graft charges filed against him stemming from the $2-million extortion accusations of former Manila congressman Mark Jimenez.

Perez and his three co-accused filed a 20-page motion for reconsideration before the Sandiganbayan asking the court’s first division to reverse its July 17 ruling junking their motion to dismiss the charges for lack of merit.

Perez argued the graft charges being handled by the first division and the robbery/extortion charges filed against them were “composite crimes and that one absorbs the other and neither can stand without the other.”

Perez earlier sought the dismissal of charges, citing a “similar” robbery case filed against him before the anti-graft court’s second division.

The first division, however, said the two cases can be filed separately against an accused even if they were based on the same accusation.

Last Friday, the Sandiganbayan’s first division has reset to Sept. 5 the arraignment of Perez on the graft charges and the three other accused, pending resolution of their petition for reconsideration filed by Perez.

Perez said he is hoping for a favorable ruling from the Sandiganbayan on his petition to consolidate the four cases and assign them to a single division.

“The problem is I have to go back and fourth to the Sandiganbayan for the four cases. I have to assert to the four divisions to just consolidate the cases,” he said.

The third division earlier ruled that “the filing of several charges is proper,” quoting a Supreme Court ruling on the issue.

The court said the only exception is on cases of “double jeopardy.”

The cases stemmed from the allegations of Jimenez that Perez extorted $2 million from him in exchange for relief from pressuring him from testifying against former President Joseph Estrada in his plunder case.

Perez, his wife Rosario, brother-in-law Ramon Arceo and business associate Ernest Escaler have been accused by Jimenez.

Perez alone is facing two other charges of falsification of public document before the third division and grave misconduct filed at the fourth division.

The Ombudsman said the withdrawal of complaint by Jimenez against Perez cannot be considered since it was “executed as an afterthought.”