‘Escaler can’t be forced to talk’

Investment banker Ernest Escaler cannot be forced to shed light on the accusations made by Manila Rep. Mark Jimenez on a $2-million bribe to Justice Secretary-on leave Hernando Perez unless a formal complaint has been filed, Presidential Spokesman Rigoberto Tiglao said yesterday.

Tiglao said the government cannot take any punitive action against Escaler even after he was spotted by The STAR late Saturday attending a Christmas dinner party at St. Anthony School in Silang, Cavite.

"Probably as we speak, the (National Bureau of Investigation) director might be trying to get in touch with Mr. Escaler obviously from the partying that was featured in the prestigious newspaper that he is not hiding anywhere," Tiglao said. "(But) there are no cases against Mr. Escaler."

Tiglao explained Escaler can be made to account for his supposed involvement in the extort charges by including him in a formal complaint to be filed before the Office of the Ombudsman of the Department of Justice (DOJ).

"A case filed at the Ombudsman which would institute proper proceedings against somebody who is accused or allegedly involved in the case," Tiglao said.

"I would suppose if the (Presidential Anti-Graft Commission) and DOJ have received complaints, they would act on Mr. Escaler, they would ask him (Escaler) to be interviewed and they would get information from him," he added.

The STAR learned Escaler, who came from a business trip to Los Angeles, appeared to have simply breezed through the airport.

According to Immigration Commissioner Andrea Domingo, this comes as no surprise since airport offices are under the DOJ. She also pointed out that travel records of Escaler can be publicly disclosed.

After being named by Jimenez as the alleged frontman, Escaler maintained a low profile and has not made any qualifying statements that would contradict the lawmaker’s allegations.

This triggered some speculations that Escaler, during his two-week trip to the US, had "doctored" the records of the bank transfer allegedly made by Jimenez to Perez’s supposed account in Hong Kong.

Tiglao, however, clarified that Escaler, who is not a government official, cannot be made to face a probe or investigation by the PAGC.

But Tiglao hurled anew the challenge made by President Arroyo on Jimenez to take the opportunity to gather the evidence and file the charges against Perez who is on a 30-day official leave of absence.

"And Mr. Escaler issued a statement two weeks ago that he cannot simply disclose a transaction made by a client. It would be up, I think, for Mr. Jimenez to issue, to ask his banker to disclose whatever details he knows," Tiglao said.

Tiglao chided Jimenez for making statements in the media but without taking steps in filing the necessary case against Perez.

At the same time, Tiglao disclosed Mrs. Arroyo would make an official statement on the issue at the end of the 30-day period of official leave of absence of Perez on Dec. 27.

"Definitely she (President) gave Nani Perez 30 days and she also asked Congressman Jimenez to present his evidence in 30 days. The President is serious about this 30 days because we cannot let these things drag on," Tiglao said.

Tiglao, however, refused to elaborate on what could be the contents of the presidential statement or whether it could signal the last day of Perez in the Cabinet.

Tiglao went on to defend Perez by saying the accusations hurled against the justice secretary can be "fabricated by anybody."

He said the President specifically told both Perez and Jimenez to show proof or at least "believable evidence."

Jimenez, however, failed to produce any evidence within 72 hours after making the promise to the President, Tiglao said.

"As of now, nothing new aside from the original two pieces of paper that he (Jimenez) showed which has not been at all validated by any of the banks," he said.

Tiglao also doubted if the Philippine government, through the DOJ or Bangko Sentral ng Pilipinas, could request the Hong Kong bank authorities to look into the alleged Coutts bank account of Perez.

"Because the problem is there is really no case," he said. "And if you go to Hong Kong, they would ask if there is a case or if it is under the Anti-Money Laundering Law, we cannot just show them news clippings here." - With Rey Arquiza