Perez to file counter-charges vs PAGC head

Justice Secretary-on leave Hernando Perez said yesterday he will file counter-charges against Presidential Anti-Graft Commission (PAGC) chief Dario Rama who has initiated a case of obstruction of justice against him.

This developed as Malacañang washed its hands of the case leveled by the PAGC against Perez.

In conducting the investigation, the PAGC did not act as a collegial body and Rama released the information to the public before Perez was apprised of the complaint, exposing the justice secretary to "undue publicity," Perez told the press at Club Filipino in Greenhills, San Juan.

"My lawyers are preparing those charges against him," Perez said.

He alleged that the PAGC has no basis for filing the charges against him, and accused Rama of ignorance of the law for violating provisions of Executive Order No. 12 creating the PAGC.

"Under Section 13 of EO 12, the commission cannot disclose or make public any report or information in connection with its investigation," Perez said.

He also said it was not the first time that the PAGC had lodged administrative charges against him since the body was created by Malacañang.

For his part, Rama maintained that he did not violate any rule.

Denying Perez’s allegations that the PAGC chief acted alone in initiating the investigation, Rama said two out of three PAGC commissioners had approved the inquiry.

The two were Commissioner Teresita Baltazar and Rama, while the third member, Commissioner Cesar Buenaflor, was on leave.

Rama also belied Perez’s accusation that he prematurely released vital information to the media in violation of the rules.

He claimed there was no such rule prohibiting the release of documents or information deemed appropriate for the public to know.

"If you are a public official, both your private and public life shall be open to scrutiny," Rama stressed.

Perez also theorized that Rama has a personal grudge against him because he rejected Rama’s application for a seat at the Supreme Court.

The complaint lodged by Rama against Perez stemmed from the latter’s issuance of a memorandum order enjoining the Bureau of Immigration from revealing travel records of ranking government officials ranging from Cabinet secretaries to the President.

"I am disturbed by the action of Mr. Rama, assuming for the sake of argument that my memorandum order is not valid... it is against the law... it is against the Constitution, are you going to send to jail every government official who issues an order that appears to be in violation of the law?" Perez asked.

He insisted that he did not violate any law. "The right to information is subject to reasonable restriction," he added.

He said Rama should have consulted Malacañang before initiating the charges against him.

Perez also pointed out that since the PAGC is a collegial body, Rama should have acted in concert with his colleagues.

He assailed Rama for unnecessarily placing him under public scrutiny. He stressed that he would no longer allow himself to be subjected to trial by publicity, and vowed to fight back.

"Enough is enough. I don’t want to be a punching bag anymore. They have been hitting me, I’m going to hit back," he said.

In a related development, Executive Secretary Alberto Romulo clarified that the Palace has nothing to do with the PAGC action against Perez.

Romulo said they came to know about the case only through the media.

In a press briefing after hosting a Christmas luncheon for journalists, Romulo quashed speculations that the PAGC inquiry against Perez was a signal that the secretary is on the way out.

"I would not speculate one way or the other. That is entirely between the President and the secretary of justice. But what I’d like to say is that, as of now, I don’t see any evidence or proof against (Perez). It’s all speculation... it’s all innuendoes," Romulo said.

He also explained that under EO 12, results of PAGC investigations are subject to review by the executive secretary before they are forwarded to the Office of the President for final decision.

Administrative punishment for erring officials range from mere reprimand to dismissal, Romulo said. — With reports from Marichu Villanueva, Katherine Adraneda