PAGC asks CA to formally lift restraining order on Nani case

The Presidential Anti-Graft Commission (PAGC) has asked the Court of Appeals to officially lift the temporary restraining order it had issued on the commission’s investigation into charges of obstruction of justice against former Justice Secretary Hernando "Nani" Perez.

Roberto Martinez, executive assistant to PAGC chairman Dario Rama, said they have filed a manifestation with the appellate court seeking the official lifting of the 60-day freeze order, which purportedly expired last April 4.

He said they did not seek the help of the Office of the Solicitor General (OSG) in filing the manifestation. OSG represents government agencies facing suits in the CA and the Supreme Court.

While the TRO is deemed to have been lifted, Rama said he still wants to make sure so as not to catch the ire of justices who might cite them for contempt.

"Everybody says it’s automatic but, of course, we want to play it safe," he said.

Should the lifting of the TRO be made official, he said Perez’s case will be forwarded to the Office of the President for proper disposition.

"We have not yet turned over our resolution to the Office of the President because we have not yet received any order from the CA," Rama said.

The PAGC has recommended the filing of charges of obstruction of justice against Perez for issuing a memorandum to Immigration Commissioner Andrea Domingo prohibiting the disclosure of his travel records at a time when he was being investigated for allegedly receiving $2 million from Manila Rep. Mark Jimenez.

It was, however, only Rama who made the recommendation since the two PAGC commissioners took different positions on the issue. Commissioner Cesar Buenaflor dissented, while Commissioner Teresita Baltazar argued that Perez should be held liable only for misconduct.

The PAGC had also recommended that Perez be suspended for one year, but this has became moot and academic since Perez resigned from his Cabinet post last Jan. 2.

Perez has denied the charges and accused Rama of "railroading" the case. Rama, however, said he was just doing his job.