SC clears ex-DOJ chief in $2-M extortion raps

MANILA, Philippines - The Supreme Court (SC) has cleared former Justice secretary Hernando “Nani” Perez in the $2-million extortion charges lodged against him by former Manila congressman Mark Jimenez in 2002.

 In a decision released yesterday, the First Division of the High Court upheld a 2008 ruling of the Sandiganbayan dismissing the case on a technicality.

 The SC held that the anti-graft court was correct in finding that there was “inordinate delay” committed in the resolution of the charges against Perez and three others before the Office of the Ombudsman that warranted the junking of the case.

 It stressed that the ombudsman took five years and five months to resolve the complaint filed by Jimenez against Perez, his wife Rosario and businessmen Ernest Escaler and Ramon Arceo Jr.

 â€œClearly, the Office of the Ombudsman had taken an unusually long period of time just to investigate the criminal complaint and to determine whether to criminally charge the respondents in the Sandiganbayan. Such long delay was inordinate and oppressive, and constituted under the peculiar circumstances of the case an outright violation of the respondents’ right under the Constitution to speedy disposition of their cases,” read the ruling penned by Associate Justice Lucas Bersamin.

 â€œUnder jurisprudence, inordinate delay in resolving a criminal complaint, being violative of the constitutionally guaranteed right to due process and to the speedy disposition of cases, warrants the dismissal of the criminal case,” it explained.

 The case stemmed from allegations in the House of Representatives by former Bulacan congressman Wilfredo Villarama in November 2002 about a supposed $2-million extortion attempt. A week later, Jimenez accused Perez of extortion and claimed that the money came from him.

 Investigation showed that the money was “in consideration of Perez’s desisting from pressuring Jimenez to execute affidavits implicating target personalities involved in the plunder case against former President Joseph Estrada and in connection with the pending application of Jimenez for admission into the Witness Protection Program of the government.”

 Jimenez had served as Estrada’s presidential adviser for Latin American affairs.

 He claimed that Perez visited his Forbes Park home seven times from January to February 2001, accompanied by Escaler, the owner of the Coutts Bank - Hong Kong account where the former justice secretary supposedly deposited the $2-million.

 Perez had confirmed in separate interviews that meetings with Jimenez indeed took place, either at Forbes Park or at Escaler’s unit at Rockwell, Makati.

 Jimenez also alleged in his privilege speech that Perez’s temper flared when he refused to provide a list of Estrada’s campaign supporters in 2001.

 He claimed that Perez was asking him to testify against Estrada, who was then facing a plunder complaint.

 When Jimenez refused to elaborate on Estrada’s supporters, Perez allegedly demanded $2 million from him.

 Jimenez’s charges prompted the Office of the Ombudsman to investigate the allegations.

 In 2006, a special panel had recommended charges against Jimenez and his co-accused for extortion (robbery) and falsification of public documents.

 When the Sandiganbayan dismissed the case in November 2008, the ombudsman elevated the case to the High Court.