MANILA, Philippines -- The chair of the Sandiganbayan second division on Friday indicated that the nonparticipation of former Manila representative Mark Jimenez in the trial of former Justice Secretary Hernando “Nani” Perez on robbery and extortion charges might result in the dismissal of the case.

The antigraft court on Friday arraigned Perez, his wife Rosario and brother-in-law Ramon Arceo for their alleged involvement in a $2-million extort attempt on Jimenez. In exchange for the cash, the accused were alleged to have promised to ease government pressure on Jimenez to produce damaging affidavits implicating ousted president Joseph Estrada in 2001.

All the accused refused to enter any plea, arguing they had pending motions with the Sandiganbayan to quash the information filed against them by the Office of the Ombudsman. The court entered a plea of not guilty for them in the face of the refusal.

The accused were present at the arraignment. Diagnosed with cancer and looking frail from her sickness, Rosario showed up with a face mask to avoid infection and draped herself with a shawl to keep warm in the cold courtroom.

Sandiganbayan Justice Edilberto Sandoval, chair of the court’s second division, expressed displeasure over the absence of the complainant in the case.

“Where is Mark Jimenez? Was he notified?” Sandoval asked government prosecutors after he noticed Jimenez’s absence in the courtroom. Complainants as well as respondents in court cases are required to be physically present in arraignment proceedings.

“Correct this court if this court is wrong... you have to bank heavily on the testimony of Mark Jimenez?” Sandoval asked. Prosecutors answered, “Yes.”

Sandoval said Jimenez should better be present in future proceedings “or I will dismiss this case.”

Lawyers for the defense took the opportunity to again put on record that Jimenez had already filed an affidavit of desistance in connection with the case against Perez.

“If there is no witness in the case, who will testify?” Perez, a lawyer, told reporters when queried about the justice’s remarks about the need for Jimenez’s presence in the proceedings.

Perez said Rosario needed to be present at the arraignment and was given clearance by her doctor to show up in court Friday.

The doctor, Perez said, only required her to put on a mask so that she might not contract infection in court.

“We, in the family, are doing all we can to make her very, very comfortable,” Perez said.

Rosario was allowed to sit on a swivel chair while the information was being read to her, and to Perez and Arceo.

The court later agreed to the defense’s motion that Rosario be allowed to be absent in the pretrial proceedings scheduled on June 30 and in subsequent hearings.

Also present at Friday’s arraignment was lawyer Jesus Santos, who made an appearance on behalf of the Perezes.

Santos is one of the spokespersons of the President’s husband, Jose Miguel Arroyo.