The National Bureau of Investigation (NBI) yesterday filed graft charges against former Securities and Exchange Commission (SEC) commissioner Jesus Enrique Martinez for allegedly colluding with Legacy Group owner Celso de los Angeles in misappropriating Legacy’s financial resources.

In an interview with the BusinessMirror, State Prosecutor Aileen Marie Guetierrez said the NBI also impleaded Martinez’s son, Jesus Gianpaolo, and Legacy Group of Companies owner Celso de los Angeles in the complaint which stemmed from the testimonies of Legacy fund-scandal witnesses—Carolina Hiñola and Namnama Pasetes—before the Senate.

The two testified before the Senate that de los Angeles used the funds of Legacy Group to purchase the house and lot for Gianpaolo with the consent of Martinez.

They also claimed that Martinez received P1.4 million for the payment of a Ford Expedition and a Rolex watch which de los Angeles supposedly bought for the former SEC commissioner.

Gutierrez, chairman of the three-man panel tasked to investigate Martinez’s culpabilities in connection with the Legacy fund mess, said that Martinez, his son and de los Angeles have been subpoenaed to attend the preliminary investigation of the NBI complaint scheduled on April 15.

The NBI particularly charged Martinez for violation of Section 3 (b) and (c) of Republic Act (RA) 3019; Section 7 (a) and (d) of RA 6713, or Act Establishing a Code of Conduct and Ethical Standards for Public Officials and Employees.

Section 3 prohibits public officials from directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the government wherein the public officer in his official capacity has to intervene under the law.

Section 7 of RA 6713 prohibits public officials and employees from having direct or indirect financial interest in any transaction requiring approval of their office and from soliciting any gift or favor from any person in the course of their official duties which may be affected by the functions of their office.

Besides Gutierrez, other members of the panel are State Prosecutors Romeo D.C. Galvez and Ramonchito Mendoza.

The panel is tasked to conduct a preliminary investigation of the case being filed against Martinez and to file the information before the appropriate court.

Meanwhile, Justice Secretary Raul Gonzalez said the justice department has yet to decide whether to tap Hinola and Pasetes as the government’s witnesses in the Legacy cases

“They are also being charged. We will have to assess this on the basis of the complaint against them also,” he said.

“The problem is, they also did what de los Angeles told them to do. So there is really reason to charge them also,” Gonzalez added.

He said there are many individuals who are qualified to become witnesses if the justice department eventually decides to push through with their prosecution.