MANILA, Philippines?Former Justice Secretary Hernando ?Nani? Perez has again asked the Sandiganbayan to dismiss the charges of unethical practices he is facing for not declaring the amount of $1.7 million in his 2001 statement of assets, liabilities and net worth, saying President Gloria Macapagal-Arroyo herself did not find any defect in what he filed.
In a supplemental motion for reconsideration he submitted to the Sandiganbayan Third Division, Perez said the ?facts charged in the information (filed against him) do not constitute an offense.?
Perez has been charged with unethical practices for his alleged failure to declare the $1.7 million in his 2001 SALN.
The amount supposedly came from the $2 million Perez is charged with extorting from former Manila Rep. Mark Jimenez in 1998.
The Sandiganbayan has twice junked Perez?s efforts to have the unethical practices case against him dismissed.
In his supplemental motion for reconsideration, Perez asked the court to ?reconsider its resolution denying the motion to dismiss.?
He said the review of his SALN, being a Cabinet secretary then, ?is vested in the President of the Republic.?
?Since the information does not contain the necessary elements for the existence of an offense?prior determination by the President of the Republic that the statement of assets, liabilities and net worth filed by (Perez) was defective and his failure or refusal to correct the deficiency?it is quite obvious that the facts charged in the information are insufficient and do not constitute an offense,? Perez argued.
He said he could only be prosecuted if the president had found a defect in his SALN and he refused to correct it, which was not the case.
President Macapagal-Arroyo assumed office in January 2001.
He said that since ?the information at bar not having fully alleged all the elements that would have been constituted an offense and there having been no completion of the process required by law for the establishment of an offense, it is exceedingly clear that (Perez) should be allowed a reconsideration so that the case against him should be dismissed.?
Jimenez?s allegation that Perez had extorted money from him?which he later withdrew?led to the filing of graft and robbery charges against Perez, his wife Rosario, brother-in-law Ramon Arceo and businessman Ernest Escaler.
The Ombudsman also filed another graft case as well as falsification charges against Perez.
The Sandiganbayan?s First Division earlier dismissed the graft charges against him, while the Second Division junked the robbery charges.