BY JP LOPEZ

THE United Opposition (UNO) yesterday branded as a "cheap charade" the graft charges against Hernando Perez, the first justice secretary of President Arroyo.

UNO spokesman Adel Tamano said the filing of the case against Perez was meant to create a public illusion that the Ombudsman can prosecute allies and relatives of President Arroyo.

"This reminds us of Oliver Lozano filing impeachment proceedings against President Arroyo before the House of Representatives," Tamano said.

Lozano, a lawyer, filed impeachment complaints against Arroyo in 2005 and 2006. Both were dismissed.

Tamano noted a statement of Justice Secretary Raul Gonzalez that the Ombudsman would have a difficult time prosecuting the graft case since the original complainant, Mark Jimenez, executed an affidavit of desistance.

Makati Mayor Jejomar Binay, UNO president, said the case against Perez was weak and that Ombudsman Merceditas Gutierrez, a law school classmate of Jose Miguel Arroyo, suffered from "poor credibility in the eyes of the Filipino people."

"The Ombudsman has a long way to go to prove its independence from Malacañang," said Binay. "The reality is that under the Arroyo administration, the Ombudsman is engaged in selective prosecution."

"It is common knowledge that graft complaints against political opponents are expedited even if these are bereft of factual or legal merit," Binay added.

"On the other hand, complaints against administration allies gather dust, and in case they do get filed with the Sandiganbayan, the cases are built on faulty foundations that the courts have no other option but to dismiss them," he said.

With Jimenez having executed an affidavit of desistance, Binay said the Ombudsman knew its case against Perez case was weak but decided to push through with it.

"From the start, it would appear the Ombudsman is not serious in convicting Perez, but merely to show that it is an impartial and independent entity," he said.

Tamano said Perez’ case only underscored that the Ombudsman was practicing a double of standard of justice.

"President Estrada was charged, convicted and pardoned within a period of six years while Perez’ case has not even been filed before the Sandiganbayan up to now," he said.

"Erap’s and Nani’s cases, it will be recalled, were filed in the same year before the Ombudsman," Tamano said.

The Ombudsman on Wednesday ordered the filing of graft, extortion and falsification charges against Perez, his wife Rosario, brother-in-law Ramon Arceo and business associate Ernest Escaler were charged with.

Jimenez, a former Manila congressman, claimed Perez demanded $2 million in February 2001 when he refused to execute affidavits that can be used to bolster the plunder case against Joseph Estrada.

In a 24-page resolution, Gutierrez denied Perez’ motion which sought to dismiss the complaint filed by Jimenez since the latter has executed an affidavit of desistance.

PEREZ, ET AL. CHARGED

The Sandiganbayan on Friday charged Perez with two counts of graft and one count each of robbery/extortion and falsification of public documents with total recommended bail of P178,000.

His wife, brother-in-law, and Escaler were each told to post bail at P130,000.

The first graft case involving all four defendants concerns an allegation of conspiracy among them in causing damage and prejudice to Jimenez.

Perez’ failure to declare his $1.7 million share in the bribe money in his sworn statement of assets, liabilities and net worth was the basis for the falsification case and second graft charge.

The robbery case alleged Perez used his former position as DOJ secretary to threaten and intimidate Jimenez into executing affidavits that would implicate associates of Estrada in his plunder case.

Assistant special prosecutor Elvira Chua said Perez’ threats forced Jimenez into paying the $2 million bribe which was funneled into Escaler’s account in Coutts Bank of Hong Kong.

From Coutts Bank, the money was divided and transferred into the accounts of Rosario Perez and Arceo with EFG Private Bank in Switzerland, both of whom later executed powers of attorney in favor of Perez over the funds.

Chua named Jimenez as the primary witness for the prosecution in all four cases.

Also included in the list of state witnesses were Wayne Patrick Walsh, deputy principal government counsel for the Hong Kong-Department of Justice; Wendy Lee Wing Tak, manager of Coutts Bank’s Regulatory Risk; Vladimir Stemberger, vice president and legal counsel of EFG Private Bank.

ISSUE TRO, SC ASKED

Perez asked the Supreme Court to issue a temporary restraining order or a writ of preliminary injunction enjoining the Ombudsman from further proceeding in the prosecution of cases against him and his co-accused.

Perez said Ombudsman Gutierrez unreasonably delayed resolving the complaint-affidavit of Jimenez, causing the petitioners to suffer denial of their right to substantial and procedural due process.

He said Jimenez’ complaint affidavit was filed with the Ombudsman on Dec. 23, 2002 but it was only on Nov. 7, 2006 or five years from date of filing that she found time to approve the recommendation of her investigating panel.

"It clearly appears from public statements of the Ombudsman that it was not Jimenez who came forward with the documents relied upon by the Ombudsman to justify her joint resolution but the Ombudsman herself," he said.