Acting Ombudsman Margarito Gervacio told reporters yesterday Wycoco did not sign under oath the complaint he filed against Lacson last Aug. 16 as it "merely carried" a transmittal letter.
"I am directing the National Bureau of Investigation to formalize the filing of criminal charges against former PNP chief, now Senator, Panfilo Lacson by filing with the office of the Ombudsman a complaint under oath based on its investigation report and the additional recommendations," he said.
Under the rules of the Ombudsman’s Office, a criminal complaint must be filed under oath before any action on the matter could be made.
Gervacio said if the complaint against Lacson is not filed under oath, the Ombudsman could either conduct a preliminary investigation or dismiss the case.
"But we are not inclined to apply the second option or to dismiss the case," he said.
"We will not undertake the dismissal of the case. If there is a formal complaint under oath filed by the NBI, we will see if that is the same complaint to enable us to conduct the preliminary investigation.
"If the silence or action of the NBI will be unreasonable, we will proceed with the preliminary investigation."
Gervacio said the Ombudsman’s fact-finding investigation bureau has found out that Lacson failed to file his statement of assets and liabilities (SAL) for the years 1995, 1997, 1999, and 2000.
"Indeed Lacson has failed to reflect in his SAL for 1996 his dollar deposits in Bank of America with the amount of $15,263.72 or its peso equivalent of P401,321.25," he said.
Gervacio said Lacson also failed to declare in his 2001 SAL that his wife, Alice Deperio-Lacson was maintaining accounts in several American banks between 2000 and 2001.
"Mrs. Lacson’s Bank of America account (No. 29301-01390) had an initial deposit of $99.0 on Nov. 3, 2000 and contained $656.83 as of Oct. 8, 2001," he said.
"Mrs. Lacson also had an initial deposit of $100 in Bank of America (account No. 29306-01369), which was recorded zero balance as of Aug. 8, 2001.
"Mrs. Lacson also deposited $1,000 at Wells Fargo Bank on Jan. 2 to Aug. 27, 2001 under bank account Nos. 071- 3559789 and an account (No. 201-8575365) under the name of Orient Light, LLC of which Mrs. Lacson was vice president. Mrs. Lacson again deposited $2,000 and $100,000 on March 21, 2001."
Acting as principal complainant, Wycoco charged Lacson with five counts of violating Republic Act 6713, the Code of Conduct and Ethical Standards for Government Officials and Employees.–Jose Rodel Clapano