Lawyer’s impeach bid vs Desierto suffers setback

Lawyer Ernesto Francisco’s impeachment bid against Ombudsman Aniano Desierto suffered a major setback yesterday after the lawyers of a businessman whom he tried to use as a witness in his complaint categorically denied all the statements and evidence attributed to their client.

In a joint statement, Jose Vicente Salazar and Mark Averilla, legal counsels of businessman Luke Roxas, said "as a lawyer, Atty. Francisco should know that evidence such as tape recorded conversations can not be used as an evidence in court."

They added that their client has repeatedly denied that he ever attempted to bribe Desierto sometime in 1997 in exchange for delaying the investigation of a case involving Petron checks in payment of custom duties in a bank owned by the trader.

"We understand that Atty. Francisco has in his possession a tape in which he claims contained the conversations between him and Mr. Roxas but, sad to say, never in that tape was the name of Ombudsman Desierto mentioned having received a gift from our client.

The lawyers added that they do not see any relevance of the tape with regard to the impeachment complaint.

Averilla also pointed out that if ever there is really such a tape, his client did not authorize Francisco to record the same.

"I even seriously doubt the authenticity of that tape," Salazar stressed.

They said Francisco could be held liable for violating Republic Act 42090, otherwise known as Anti-Wire Tapping Law.

Averilla and Salazar chided Francisco for what they described as "malicious, concocted and utterly false statements" he leveled against Desierto.

The two issued the statements a few days after the House justice committee ruled that the impeachment complaint against Desierto was complete in form.

Observers at the House of Representatives, however, said the complaint is not likely to hurdle the second phase, which is to determine sufficiency in substance.

"How can it be sufficient in substance when the person whom he tried to use as a witness had denied that he was a party to the complaint, and even said that he never tried to bribe Ombudsman Desierto? " a ranking House official asked.

A check on records showed that Francisco has the penchant for filing complaints against well-known personalities and government officials.

Records obtained from the Office of the Ombudsman showed that he had already filed at least five complaints against some 50 respondents.

Individuals he has charged before the Office of the Ombudsman include former Finance Secretary Cesar Virata, former Public Works and Highways Secretary Gregorio Vigilar, former Executive Secretary Ronaldo Zamora, religious leader Mike Velarde and several others.

Most of the complaints he filed were dismissed by the Office of the Ombudsman for lack of prima facie evidence that will warrant prosecution.