For two days listeners were asked to give their opinion as to how the case would eventually be decided, choosing from one of three options: Option A, where the Sandigan-bayan would acquit Perez outright; Option B, where the Sandigan-bayan would convict Perez but the Supreme Court would acquit, and Option C, where both judicial bodies would convict Perez.

The backgrounder given to the listeners was as follows: Hernando Perez was the first Cabinet member that Gloria Macapagal-Arroyo appointed right after her assumption of office in January 2001; apparently immediately thereafter, Perez let it be known to Erap crony Mark Jimenez that Jimenez’ interests would be best served if some "padulas" were given; that "padulas" amounted to a considerable sum, with the total being partitioned among influential people close to Mrs. Arroyo; of the monies advanced, US$2 million eventually found its way to Switzerland, which prompted the Swiss authorities to alert Philippine authorities – then PCGG chair Haydee Yorac; an investigation was conducted, supported by an accusation made by Jimenez that Perez had indeed forced him to cough up the amount; while the total amount far exceeded the minimum required for a charge of plunder, which in turn carried the maximum penalty of life imprisonment, Perez was mercifully spared that charge when Merceditas Gutierrez approved a charge of graft and corruption instead, a much lower offense; in the meantime, Jimenez, claiming a change of heart, made it known that he was no longer interested in pursuing his case against the former Justice secretary.

And so the case of People of the Philippines vs. Hernando Perez et. al has been filed, a warrant of arrest has been issued, bail has been posted, but the private complainant is no longer interested. In the meantime the government can boast of a "big fish" now having to face the courts and answer allegations of corruption while in office.

Maybe because most of the listeners of the program "Pananaw" seem more inclined to sympathize with the opposition cause, more than half of out of the 50 or so among them who called in were of the opinion that even at the level of the Sandiganbayan, Perez would already be acquitted of the crimes charged. Their reason? The fact that Jimenez was no longer interested, which in their eyes would make it more difficult for the prosecution to prove its case. They also alleged that the filing of the charges against Perez was intended to achieve two ends: to further divert attention from the NBN-ZTE broadband scandal, and to provide the government an all-important "proof point" that under this Administration there are no sacred cows.

About 1/3 were of the belief that the Sandiganbayan would convict Perez, but that he would be acquitted by the Supreme Court. The conviction, a number said, was part of the "moro-moro" on the understanding that the Arroyo-appointed members of the High tribunal would then acquit on the basis of lack of proof beyond reasonable doubt. That missing proof, of course, would be the cards that Mark Jimenez holds but which he says he is no longer inclined to play. Hence the case is set for an excellent situation wherein everybody will be happy: foreign observers because the "rule of law" was followed; the Administration because it has proof points about its fight against graft and corruption, and Perez because he would still remain a free man in the end.

The smallest number of "votes" was cast in favor of the last option, under which Perez is expected to be convicted by both the Sandiganbayan and the Supreme Court. Some believe that this would happen because Perez would be made a "sacrificial lamb"; others insisted that this would happen simply because Perez is really guilty and the judicial process would see to it that he gets his proper comeuppance; and one or two insisted that this government is truly committed to the rule of law and the President is committed to leaving a legacy and that not even a former ally like Nani Perez will stand in the way of that.

Whether the Perez case is in fact a "moro-moro" or whether he has truly been left to face the music now that the winds of politics have changed and he is no longer the fair-haired boy some quarters insist he once was, the fact is that a former Secretary of Justice now has to face Lady Justice whatever the outcome be. The image is made all the more stark because Perez now has earned two firsts: he was the first member appointed to the Arroyo cabinet, and the first Cabinet member charged for graft.

One can only wonder what he was thinking at the height of Edsa 2 – that it was now their time to make hay while the sun shone?