THE Sandiganbayan Second Division yesterday
directed former Justice Secretary Hernando "Nani" Perez and
three others to appear before the court for arraignment on a
robbery charge on May 5 at 1:30 p.m.
The robbery case against Perez, his wife
Rosario, brother-in-law Ramon Arceo, and businessman Ernest
Escaler arose from their alleged conspiracy to extort $2 million
from former Manila Rep. Mark Jimenez in 2001.
The court issued the order even as the
defendants insisted that suspension of proceedings against them
should remain in effect at least until May 8 after they
impleaded the Sandiganbayan in their petition for certiorari
(review) before the Supreme Court last April 28.
They invoked Section 7, Rule 65 of the Rules
of Court which states that a respondent court shall proceed
within 10 days from the filing of the petition with the higher
court.
"There was no reason for this Honorable Court
not to have used the period of 10 days from April 28, 2008 to
pass upon the issue of the existence of probable cause before
issuing the warrant of arrest," the defense argued.
In his complaint against Perez, Jimenez
claimed he was forced to fork over the $2 million after the
former Justice secretary threatened him and his family with
physical harm, including imprisonment, when he refused to
execute affidavits that would have implicated associates of
deposed President Joseph Estrada in a plunder charge.
Perez' wife, Arceo and Escaler were charged
with aiding him in concealing the $2 million after graft
investigators traced portions of the money going into their
personal bank accounts.
All four have already posted bail preempting the Second
Division from issuing a warrant of arrest for them. -
Peter J.G. Tabingo
