'Euro general,' wife post bail

MANILA, Philippines - Former Philippine National Police (PNP) comptroller Eliseo de la Paz and his wife surrendered to the Sandiganbayan yesterday and then posted bail in exchange for their temporary release.

Before the warrants of arrest issued against them on Wednesday were served, they presented themselves before the anti-graft court’s fifth division.

Accused of violating a Bangko Sentral ng Pilipinas (BSP) circular which sets a limit on how much cash can be carried in and out of the country, De la Paz and his wife Maria Fe paid a total of P36,000 for their temporary liberty.

Assisted by their lawyer Noel Malaya, the couple filed a very urgent omnibus motion asking the Sandiganbayan to suspend the proceedings and recall the arrest orders issued against them.

They argued that the Office of the Ombudsman is yet to resolve their pending motion for reconsideration of the anti-graft agency’s resolution dated April 29, 2011.

The De la Paz couple said they filed the appeal on the same day even though they officially received a copy of the decision on July 14, 2011.

They also informed the Sandiganbayan that the same motion for reconsideration is questioning the inclusion of Maria Fe as a respondent in the case considering that the Office of the Ombudsman has no jurisdiction over her because she is a private individual who is not even being charged with conspiracy.

“Relevantly, the propriety of the preliminary investigation proceedings before the Office of the Ombudsman, which culminated in the issuance of the joint resolution dated April 29, 2011, is likewise the subject of a petition for certiorari before the Supreme Court,” the De la Paz couple said.

In asking the Sandiganbayan to recall the issuance of the arrest warrants against them, they said the preliminary investigation is yet to be completed.

The De la Paz couple said they filed the omnibus motion before the anti-graft court “for the sole purpose of protecting their rights under the law.”

The Sandiganbayan issued warrants of arrest against the former police official and his wife after the Office of the Ombudsman indicted them for violating BSP rules.

De la Paz and his wife were arrested at the Shremetyevo International Airport in Moscow, Russia in October 2008 for carrying 105,000 euros or P6.9 million cash, which is way above the $10,000 limit set by law.

De la Paz is also separately charged for violation of Article 237 of the Revised Penal Code (RPC) for attending the 77th International Police (Interpol) General Assembly held in St. Petersburg, Russia even though he was already set to retire that month.