The Ombudsman has filed a civil forfeiture case in a bid to take control of over $2 million in assets from former Justice Secretary Hernando “Nani” Perez, his wife and two associates.
“For acquiring an amount of money and/or property manifestly out of proportion to the salary of respondent Hernando B. Perez as public officer, the Office of the Ombudsman, after conducting an inquiry similar to a preliminary investigation in criminal cases, has determined that a prima facie case exists against the respondents Hernando B, Perez, Rosario S. Perez, Ernest DL Escaler and Ramon Antonio C. Arceo Jr.” the anti-graft body case read.
The case is closely tied with the corrupt power deal which the government awarded to the Argentine company, Industrias Metalurgicas Pescarmona Sociedad Anomina IMPSA in January 24, 2001. This is a significant date because the Arroyo government had just taken over the reins of government after Joseph Estrada fell from power. In other words, the new leadership has not yet warmed its seat but the new Justice Secretary, Hernani Perez was all ready to deal with a mega project that had been placed in the backburner for years.
The contract to build the Caliraya-Botocan-Kalayaan hydro-electric power plant project was first sewn up during the administration of Fidel Ramos. It had lain in limbo for years because the executive branch was unable to address the issues raised by the state-owned National Power Corporation and objections interposed by private Filipino contractors.
However, IMPSA got hold of the key to the project during the Estrada administration, through his financial advisor, Mark Jimenez. The contract hit a snag because of EDSA Dos, but it wasn’t much of a setback because the new administration of Gloria Macapagal Arroyo gave IMPSA the green light less than a week into the new administration.
The horror stories that surround the $470-million IMPSA contract is in the vicinity of $14 million according to reports, with $2 million going to the pocket of Nani Perez, according to Mark Jimenez who filed criminal charges against Perez, his wife, Ernest Escaler and Ramon Arceo in 2003. Jimenez charged Perez with extorting $2 million from him in exchange that he won’t be implicated in the plunder charge against Estrada.
Jimenez presented as evidence the paper trail of the money transfer from a bank in Uruguay to the Coutts Bank of Hong Kong with Perez using as conduits, Escaler, said to be a close friend of Gloria Arroyo and investment banker and Perez’ brother-in-law, Ramon Arceo.
Despite these telling evidences, Perez and his associates got off the hook in all four criminal cases. Now we are hearing a replay of the arguments, this time around on the civil case in which state prosecutors said, “there is a sufficient cause of action” for the government to seek the forfeiture of the respondents as its investigation showed that the $2-million worth of their assets were “illegally acquired”.
In May this year, the former justice secretary celebrated his legal victory in the criminal cases filed against him in connection with the extortion case related to the IMPSA deal.
I can imagine Perez and his cohorts would have finally “matulog na gyud nga maghayang” (Cebuano idiom roughly translated as sleeping flat on one’s back, to signify a conscience at peace), but not the Ombudsman that clearly isn’t at peace with the supposed absolution granted by the Sandiganbayan, for the simple reason that the paper trail on the $2 million bank transaction proves the respondents received the “fruits” of extortion.
Bizarre does not even come close to describe the Perez case. It can send one to the loony house.
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