SC asked to stop graft hearing vs ex-DOJ chief Perez

MANILA, Philippines - Former Justice Secretary Hernando “Nani" Perez has asked the Supreme Court to stop the Sandiganbayan from hearing the graft case against him in connection with the $2-million extortion case filed by former Manila Rep. Mark Jimenez. In a 35-page petition, Perez said allowing his prosecution before the Sandiganbayan would result in violation of his constitutional right and cause him “grave and irreparable damage and injury." The petition was filed following the anti-graft court’s dismissal of Perez’s motion for reconsideration. In the same petition, Perez also asked SC to nullify the decision of the Sandiganbayan’s Fourth Division dated Dec. 19, 2008 that barred the examination of documents and evidence of prosecution, dismissal of the graft charge and inhibition of Associate Justice Jose Hernandez over alleged “hostility" and “bias." “Wherefore it is prayed that this Court give due course to this petition, and upon it filing, order the issuance of either a TRO or a writ of preliminary injunction, immediately enjoining the respondents from continuing in any manner with the proceedings in the criminal case SB08-CRM-0268," he stated. Last month, Hernandez denied Perez’s petition to disqualify him from hearing the graft case, ruling that the pleading was only based on “sentiments or sensibilities of party litigants or their counsels," which he said cannot be valid ground for inhibition. Aside from Hernandez, Perez also named Sandiganbayan justices Gregory Ong and Roland Jurado as respondents. Perez accused the two of committing grave abuse of discretion when they junked his petition for discovery of devices on the basis that such remedy is only available in civil cases. Perez said the said justices erred when they refused to order the dismissal of the case over failure of prosecutors to properly answer interrogatories within the period prescribed by the court. “It is clear that the petitioner is entitled to the interim reliefs prayed for by him because, otherwise, the respondent justices will proceed on pre-trial and compel the petitioner to make stipulations on evidence which are clearly improper and/or inadmissible and with a justice sitting on the petitioner’s case despite indications of his disqualification, resulting in the denial of petitioner’s day in court," he said. The cases stemmed from former Manila congressman Mark Jimenez’s complaint that Perez extorted $2 million from him. Jimenez alleged that Perez asked for the amount while promising to stop pressuring him from testifying against former president Joseph Estrada in his plunder case. Perez, his wife Rosario, brother-in-law Ramon Arceo and business associate Ernest Escaler are accused in the second division of “directly or indirectly requesting or receiving gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the government and any other part, wherein the public officer in his official capacity has to intervene under the law." - GMANews.TV