The deposition of witness Lilibeth Pono in Germany in the $2-million forfeiture case of former justice secretary Hernando “Nani” Perez has been affirmed by the Sandiganbayan Third Division, ABS-CBN News reported.
In the resolution dated Dec. 19, 2022, the court denied the motion for reconsideration filed by respondent Ernest De Leon Escaler, a co-accused of Perez, the report said.
The court in November allowed the taking of the testimony of Pono, a former consul at the Philippine Embassy in Switzerland who is currently in Germany.
The court did not agree with Escaler who argued that Philippine Embassy in Germany consul Gerardo Abiog cannot administer the written testimony of Pono because Abiog is an employee of the petitioner, the Republic of the Philippines.
“After a careful review of the arguments raised by respondent Escaler, the court finds that the issues raised therein have already been passed upon by this court and no substantial arguments were presented to warrant a reversal of the assailed resolution, hence, it is pro forma,” the court, quoted by the ABS-CBN News report, said.
The court also agreed with the petitioner that the motion of Escaler is already a second motion for reconsideration.
The forfeiture case against Perez stemmed from his alleged extortion of $2 million from former Manila Sixth District Rep. Mark Jimenez which involved supposed fund transfers to the account of Escaler.
“The court likewise agrees that respondent Escaler is now estopped from challenging the propriety of the deposition as well as the authority of Mr. Abiog as deposition officer as he had already sent his cross-interrogatories addressed to Hon. Pono,” the court said.
The court noted in its November resolution that Pono’s testimony will be on the certificate of authentication of documents material to the case when she was still a consult at the Philippine Embassy in Berne.