Ombudsman files criminal raps vs former justice secretary Hernando Perez

[Zeus]

Ombudsman files criminal raps vs ex-Arroyo justice chief



By Tetch Torres
INQUIRER.net
Last updated 05:14pm (Mla time) 01/08/2007


(UPDATE) THE OFFICE of the Ombudsman has ordered the filing of criminal charges before the anti-graft court against former justice secretary Hernando Perez, his wife Rosario, and two others for alleged “robbery-extortion.”
Ombudsman Merceditas Gutierrez approved the recommendation of prosecutors, who aside from Perez and his wife, found basis to charge Perez’s brother-in-law Ramon Arceo, and business associate Ernest Escaler of graft, extortion and falsification charges before the Sandiganbayan.
As of posting time, Perez has not responded to INQUIRER.net’s phone calls.
The charges stemmed from an accusation by former congressman Mark Jimenez that Perez and company had extorted $2 million in exchange for dropping him as a co-accused in the plunder case against deposed president Joseph Estrada.
Aside from extortion, the Ombudsman will also file cases of alleged graft and corruption, falsification of public documents against Perez for failing to disclose the $2 million in his statement of assets and liabilities and networth (SALN).
Gutierrez was undersecretary of the Department of Justice when Perez headed the DoJ. She then became acting justice secretary and Chief Presidential Legal Counsel before she was appointed Ombudsman in December 2005.
Based on a 66-page resolution, Gutierrez said bank documents had shown the illegal acts of Perez.
“The denial of Perez cannot overcome the positive assertion of Jimenez, more so that the charges were substantiated with convincing evidence,” the prosecutors said, referring to the $2 million that Jimenez had deposited to Coutts Bank in Hong Kong in February 2001.
Jimenez alleged that Perez had extorted money so that he would stop forcing him to execute damaging affidavits against certain individuals in the administration of Estrada, whom Jimenez had referred to as “targets” of the former justice chief.
Investigation conducted by the Ombudsman also noted that Escaler, whose HK Coutts Bank account was the initial recipient of the Jimenez fund, offered “no explanation to show that the transfer to his account was the outcome of a legitimate transaction with Jimenez.”
Contrary to their initial declaration before EFG Bank authorities that the money deposited constituted the inheritance of Rosario and Arceo, the Perezes declared in their joint counter-affidavit that the funds were proceeds of the sale, through an MOU (memorandum of understanding), of their Batangas property Malvarosa Ventures Inc. to Escaler.
However investigators discovered that the Perez-Escaler MOU was “not notarized,” and was at most a “mere private instrument” that didn’t prove at all the sale of Malvarosa.
“Indeed, it is curious that as vendee, Escaler would allow the consideration for the supposed sale to be deposited in an account held by close relations of the vendor, Perez, and over which the vendor himself had control as attorney-in-fact,” the prosecutors said.
The Ombudsman also disregarded Perez’s alibi that the amount deposited formed part of his wife’s inheritance some two years ago, because he failed to disclose such assets in the statement of assets he filed in 2001 to 2002, when he said he was worth P40 million.
“This office finds that Perez, in conspiracy with Escaler, Arceo, and Rosario Perez, took advantage of his position as the DoJ secretary by demanding Jimenez to deliver the $2 million in connection with the execution of affidavits,” the Ombudsman said.
The act of the Perez couple, Arceo, and Escaler “showed” their “united, concerted and coordinated acts of unlawfully taking the money of Jimenez, which indicate a working conspiracy among them,” making them criminally liable under the law.
Records showed that Jimenez deposited $2 million on Feb. 23, 2003 in beneficiary account HO133706 of Coutts Bank in Hong Kong, from Trade and Commerce Bank, Cayman Islands through the Chase Manhattan Bank in New York.
Bank documents provided by both Swiss and Hong Kong authorities clearly established the transfer of funds from Escaler’s HK Coutts Bank Account to the Rosario’s and Arceo’s Swiss accounts.
“No specific denial was made that Jimenez, in accordance with the instructions of Escaler, did transmit the $2 million to the account, and subsequently, Escaler transmitted the $1.7 million to Arceo-Rosario and the $250,00 to Arceo through a cheque or bank draft.”
“If indeed Rosario and Arceo had no knowledge of, nor participated in the opening of the supposed escrow accounts, then how could they have effectively served as trustees for the amount supposedly held in escrow? Perez and Escaler imply that only they were privy to the MOU as well as the escrow agreement. This renders their defense suspect,” probers said.
“Clearly, Arceo and Rosario are not strangers to Perez,” the investigators said. “All of them were privy and their acts were interdependent with each other,” they added, noting that the money was “acquired through illegal means during the incumbency of Perez.”
“Finally, while they admit having received the amount of $1.7 million, no evidence was presented to show that the amount supposedly held in escrow was duly returned to Escaler,” the Ombudsman ruled, in reference to the purported Malvarosa sale.
“Perez did not specifically deny the accusations in the complaint pertaining to the meeting in February 13 when the act of extortion was alleged,” the prosecutors likewise stressed.
($1=P48.835)

[mazdamazda]

Let's see how this plays out... $2M pala...

[RedHorse]

eh di senador uli si lacson nyan

[Memphis Raines]

Kapag yan na-prove na totoo aakyat na naman ang us dollar sa P49 petot pataas!

Lintik na buhay to oo!

[mazdamazda]

Kapag yan na-prove na totoo aakyat na naman ang us dollar sa P49 petot pataas!

Lintik na buhay to oo!

May I ask what's the connection of his conviction & the peso-to-dollar exchange?

In my opinion, the conviction of corrupts officials should be a good sign instead that justice does work in our country.

[Zeus]

eh di senador uli si lacson nyan

Ito sabi ni Sen. Lacson :


Perez case could open 'can of worms' - Lacson

[SIZE=2]Sen. Panfilo Lacson said Tuesday that the case of former justice secretary Hernando Perez could open "another can of worms" against the Arroyo administration.[/SIZE]

[SIZE=2]While Lacson praised Ombudsman Merceditas Gutierrez's decision to recommend the filing of graft, extortion falsification of public documents cases against Perez, he said the move is "merely a political tact to generate goody points for the administration in the upcoming elections."[/SIZE]

[SIZE=2]However, the senator said it could also blow up on the administration's face if Perez's case goes into a full blown trial that could unmask other personalities who benefited from the controversial IMPSA deal.[/SIZE]

[SIZE=2]Lacson, a former Philippine National Police chief, said that based on his own investigation, a total of $14 million was involved in the IMPSA extortion case.[/SIZE]

[SIZE=2]Perez was accused by IMPSA deal broker, Mark Jimenez, of extorting $2 million from him. Jimenez accused Perez of forcing him to pay the amount so that he would not be forced to sign damaging affidavits against officials of former president Joseph Estrada's administration.[/SIZE]

[SIZE=2]The $470-million IMPSA deal involved a hydroelectric power contract for the rehabilitation and operation of the 750-megawatt Caliraya-Botocan-Kalayaan power complex in Laguna. The deal was finalized during the Estrada administration but was stopped when he was ousted on Jan. 20, 2001.[/SIZE]

[SIZE=2]"The more interesting question is who took part of the $12 million balance," Lacson said.[/SIZE]

[SIZE=2]It was Lacson who revealed that the Argentine firm had released a total of $14 million for the contract to push through based on the documents provided by Jimenez. He had claimed that the $2 million went to Perez, $1 million to the "boys" from the National Power Corporation, $4 million to Malacañang, and $7 million to Jimenez as broker.[/SIZE]

[SIZE=2]In an earlier interview over DZMM, Lacson hinted that the alleged $4 million cut of Malacañang went to the pockets of "a couple."[/SIZE]

[SIZE=2]When asked to reveal the identities of the couple, he said, "Don't talk about it, you might be charged with libel."[/SIZE]

[SIZE=2]Lacson hopes that the case turns into a full-blown trial at the Sandiganbayan saying Perez would be surely asked not only to account for the $2 million but the whole $14 million bribe.[/SIZE]

[SIZE=2]Malacañang said it will not dip its fingers into the cases to be filed against former justice secretary Hernando Perez.[/SIZE]

[SIZE=2]Executive Secretary Eduardo Ermita told DZMM on Tuesday that it will be up to the courts to decide on Perez’s fate.[/SIZE]

[SIZE=2]Presidential Chief of Staff Michael Defensor said Perez would have a good opportunity to clear his name once the cases are filed.[/SIZE]


[SIZE=2]"My information indicates Perez will also have to answer where the rest of the $12 million went," he said.[/SIZE]

[SIZE=2]The Ombudsman also recommended the filing of graft and extortion charges against Perez's wife Rosario, his brother-in-law Ramon Arceo and business associate Ernest Escaler.[/SIZE]

[SIZE=2]Lacson, meanwhile, said that Justice Secretary Raul Gonzalez could also face charges of obstruction of justice for allegedly delaying the case.[/SIZE]

[SIZE=2]He said documents used by the Ombudsman as evidence against Perez had been in the country since 2004. He said Gonzalez gave an order to hold the documents.[/SIZE]

[SIZE=2]“Kasi hawak nila 'yung dokumento pinagtagal niya ng pinagtagal. Kalaunan binigay niya din ito sa Ombudsman… tinago nga ni Gonzalez at mayroon kaming kasulatan o mayroon kaming dokumento din na nagpapakita kung paano niya itinago 'yon (The documents were submitted to him but he caused the delay before eventually giving them to the Ombudsman... Gonzalez hid the documents and we have a proof to back that),” Lacson said.[/SIZE]

source Abs Cbn News.Com

[Walter]

It's election time, let the rumble begin.

[chua_riwap]

Baka tumakbo din yan sa Tate. Mag-ala Joc-joc.

[oldblue]

panahon pa ng Edsa Dos, noon nasa baba mismo kami ng entablado sa shrine, there's something about his facial expression that I find insincere. of all the President's men, talaga wary talaga ako sa kanya.

[oldblue]

In my opinion, the conviction of corrupts officials should be a good sign instead that justice does work in our country.

that's how it is suppose to happen di ba? pero knowing us filipinos, the president will bear the brunt of this fiasco. and therefore, economic instability na naman. haay buhay!

this issue between Perez and Jimenez had been out in the media since years ago pa eh. campaign period din ata if I can recall correctly. haay opposition, sana naman hinay-hinay lang, maganda na yun start na'tin this new year. puwede pa daw mag-45 to 1$. although, too optimistic nga kasi nga elections this year.

kung nag- no EL na lang sana, baka umabot pa ng 40 hehehe. tapos branded laptops P30,000 na lang and high-end cellphones 15k na lang sarap!!!

[Horsepower]

Lahat naman yan mukhang pera. Everyone has a price.

[RedHorse]

parang dapat mag share si nani ng funds ngayong election

else...

[shadow]

bakit pinayagan ni GMA mangyari sa "friend" niya ito???? hhehehe

[low_profile2]

tama mamaya yan andito narin sa us..mag tatago or political asylum...well intay na lang natin..l ets wait and see kung ano mangyari..

[kinyo]

diversion lang ata ito ... idedemanda na kasi si gonzales at bossing nyang pandak at iba pa dahil sa smith issue ... gusto lang matabunan ang smith issue ... pero as usual, kagaya kay jocjoc, walang mangyayayri kay perez, at malamang matatabunan na nga ang smith issue lalo na malapit na eleksyon

[1D4LV]

panahon pa ng Edsa Dos, noon nasa baba mismo kami ng entablado sa shrine, there's something about his facial expression that I find insincere. of all the President's men, talaga wary talaga ako sa kanya.

hehehehe. alin yun? yung bigote ba?

[Syuryuken]

Wala ding mangyayari sa kasong yan. Pinagpapala nga ang mga kurakot dito sa Pilipinas. Yung ngang kidnapper binigyan pa ng mataas na pwesto sa gobyerno. ONLI IN DA PILIPINS!

[Zeus]

Wala ding mangyayari sa kasong yan. Pinagpapala nga ang mga kurakot dito sa Pilipinas. Yung ngang kidnapper binigyan pa ng mataas na pwesto sa gobyerno. ONLI IN DA PILIPINS!

Sino yung kidnaper sa mataas na pwesto?

[chua_riwap]

Sino yung kidnaper sa mataas na pwesto?

Baka si Berroya.

[buraot]

diversion lang ata ito ... idedemanda na kasi si gonzales at bossing nyang pandak at iba pa dahil sa smith issue ... gusto lang matabunan ang smith issue ... pero as usual, kagaya kay jocjoc, walang mangyayayri kay perez, at malamang matatabunan na nga ang smith issue lalo na malapit na eleksyon

as usual, another tactic...magaling talaga alipores ni pandak...dapat noon pa nila idinemanda kung talagang interesado silang makasuhan..