G.R. No. 229394 - HERNANDO B. PEREZ, ROSARIO S. PEREZ AND RAMON C. ARCEO, JR., VS. SANDIGANBAYAN AND REPUBLIC OF THE PHILIPPINES.

Ruling

WHEREFORE , finding probable cause, let criminal Informations be filed against the following respondents: 1) Former Secretary Hernando Benito Perez; Rosario Salvador Perez, Ernest L. Escaler; Ramon Antonio C. Arceo, Jr., for Extortion (Robbery), defined and punishable under paragraph 5 of Article 294 in relation to Article 293 of the Revised Penal Code; 2) Former Secretary Hernando Benito Perez; Rosario Salvador Perez, Ernest L. Escaler; Ramon Antonio C. Arceo, Jr., for violation of Section 3 (b) of Republic Act [No.] 3019 (Anti-Graft and Corrupt Practices Act, as amended); 3) Former Secretary Hernando Benito Perez for Falsification of Public Documents defined and punishable under paragraph (4), Article 171 of the Revised Penal Code; 4) Former Secretary Hernando Benito Perez for violation of Section 7 of Republic Act [No.] 3019 in relation to Section 8 of Republic Act [No.] 6713. Additionally, in consonance with Section 2 of Republic Act [No.] 1379, let a Petition for Forfeiture of Unlawfully Acquired Property under Republic Act [No.] 1379 be filed against Former Secretary Hernando Benito Perez; Rosario Salvador Perez, Ernest L. Escaler and Ramon Antonio C. Arceo, Jr. after the conduct of the general elections in May 2007. SO RESOLVED. [31] (Emphasis supplied) On November 7, 2006, Assistant Ombudsman Apostol recommended the approval of the Joint Resolution. [32] On January 5, 2007, Ombudsman Ma. Merceditas Gutierrez (Ombudsman Gutierrez) approved the Special Panel's recommendations with specific notations: Approved: Except the recommendation on the institution of forfeiture proceedings which should be referred to another panel for further study. [33] On April 18, 2008, the Office of the Ombudsman filed the following Informations [34] before the Sandiganbayan: for violation of Section 3 (b) of [Republic Act No. 3019], as amended ; [35] for Robbery (Art. 293, in relation to Art. 294, Revised Penal Code); for Falsification of Public/Official Document under Art. 171 of the Revised Penal Code; and for violation of Section 7, [Republic Act No. 3019], [36] as amended in relation to Section 8, [37] [Republic Act No. 6713]. (Emphasis supplied, citation omitted) The Information pertinent to the violation of Section 3(b) of Republic Act No. 3019 was docketed as Criminal Case No. SB-08-CRM-0265. The charging portion of the Information reads: That during the month of February, 2001 and sometime prior or subsequent thereto in the City of Makati, Philippines, and within the jurisdiction of this Honorable Court, accused Hernando B. Perez, a high ranking public officer, being then the Secretary of the Department of Justice, while in the performance of his official function, committing the offense in relation to his office and taking advantage thereof, conspiring, confabulating and confederating with accused Ernest L. Escaler, Rosario S. Perez and Ramon C. Arceo, all private individuals, did then and there wilfully, unlawfully and criminally request and demand the