BY PETER TABINGO

FORMER Justice Secretary Hernando Perez yesterday accused Ombudsman Merceditas Gutierrez of using him to cover up her inaction on "more important cases" in her office.

Perez said the cases against him should never have been filed before the Sandiganbayan for lack of basis and for procedural violations.

"If you will recall the circumstances of the filing of the case, the first time the resolution was handed down was when there was an issue about the investigation of the Comelec (automation). (Next) there was an issue about the release of the Americans (in the Subic rape case). Then all of a sudden, Nani Perez was used as a deodorant," he said in an interview after his and his wife Rosario’s arraignment on robbery was postponed.

He said former Manila Rep. Mark Jimenez filed the complaint against him and his three co-accused in 2002, but the Ombudsman allowed six years to lapse before indicting him last April 18. What’s more, he said, Jimenez also filed an affidavit of desistance.

Gutierrez was appointed in 2005.

The other co-accused are Perez’ brother-in-law Ramon Arceo and businessman Ernest Escaler. They were indicted for allegedly extorting $2 million from Jimenez under threats of physical harm and imprisonment.

Perez said the Ombudsman chopped up the Jimenez complaint to come up with four charges that were based on the same set of circumstances.

The charges are two counts of graft and one count each of falsification of public documents and robbery.

"Why did the Ombudsman split the causes of action? They charged me with graft and the same act is supposed to constitute robbery. And then they charged me with falsity in the statement of assets and liabilities and charged me with falsification. These are the same things, pare-pareho lang yun," he said.

Defense lawyers raised the same arguments in Perez’ motion to quash and asked the four divisions of the Sandiganbayan to dismiss the cases.

At yesterday’s hearing, only Perez, Arceo and Escaler showed up.

Rosario was advised by doctors not to attend because she is still susceptible to infection after undergoing chemotherapy for cancer of the lymph node.

Defense lawyer Senen de Santos submitted a medical certificate on her behalf.

Associate Justice Edilberto Sandoval reset the arraignment to May 23.

Malacañang belied Perez’ allegations that the Ombudsman is using him as "deodorant."