Former Justice Secretary Hernando “Nani” Perez. INQUIRER FILE PHOTO
MANILA, Philippines–Invoking the rule against double jeopardy, former Justice Secretary Hernando “Nani” Perez has opposed the state’s move to revive a criminal charge filed against him by former Manila Rep. Mark Jimenez that had already been dismissed by the Sandiganbayan.
In his June 3 opposition filed in the antigraft court’s Fifth Division, Perez said the motion for reconsideration filed by the Office of the Ombudsman seeking to overturn the Sandiganbayan’s dismissal of the falsification of public documents was barred under the law.
The case stemmed from a complaint filed by Jimenez accusing Perez of extorting $2 million from him in 2001.
Perez’s lawyers said the dismissal of the case was synonymous to an acquittal in his favor.
“The motion for reconsideration has no basis. Its filing exposes the defendant to double jeopardy,” the defense lawyers said.
The dismissed case was the last of four criminal cases filed against Perez in 2008.
The court said the prosecution failed to present sufficient evidence to support its allegations of wrongdoing on the part of Perez.
The information accused Perez of falsifying his 2001 statement of assets, liabilities and net worth (SALN) by failing to declare $1.7 million in deposits and his wife’s bank accounts in EFG Private Bank SA.
In dismissing the case, the court said that all the testimonial and documentary evidence were hearsay because Jimenez, the original complainant, was not even presented in court for cross-examination.
Also, no witnesses with first-hand knowledge of the bank documents submitted by the prosecution to support their claims were called to testify.
Perez said hearsay evidence had no probative value whatsoever.