Villa-Ignacio files counter-affidavit in estafa case

Posted at 08/27/2008 3:02 PM

By Carmela Fonbuena
abs-cbnNEWS.com/Newsbreak
 
Embattled special prosecutor Dennis Villa-Ignacio yesterday filed his counter-affidavit in the controversial P26,000 estafa case filed against him by a colleague in the Office of the Ombdusman before the body’s Internal Affairs Board (IAB).
 
Villa-Ignacio said in a statement that the investigation of the IAB is illegal because its chairman, deputy ombudsman Orlando Casimiro, belonged to the same unit as complainant prosecutor Elvira Chua. He should be disqualified under the Rules of the Ombudsman, Villa-Ignacio said.
 
He also questioned why the IAB has not acted on the “entry of appearance and motion for time” filed by four private lawyers to defend him in the estafa case. “It’s strange and very unusual. IAB must issue an order [recognizing them.] That’s normal procedure,” he told abs-cbnNEWS.com/Newsbreak.
 
It’s been about a month since lawyers Pablito Sanidad, Arno Sanidad, Christian Robert Lim and Anthony Peralta filed before the IAB an “entry of appearance with motion for time” to defend Villa-Ignacio in the estafa case.
 
The lawyers filed the motion on August 5, after Villa-Ignacio in July sounded the alarm on ouster moves against him by officials closely identified with Ombudsman Merceditas Gutierrez. Villa-Ignacio said Malacanang wanted him removed to give the president a free hand in appointing a new special prosecutor.
 
Yesterday, August 26, former Senator Wigberto Tanada joined the four lawyers in filing his “entry of appearance” to become the lead counsel of Villa-Ignacio.
 
Asked if there’s a chance that the IAB would deny the lawyers’ appearances, Villa-Ignacio said, “No. I have the right to be represented.”
 
The private lawyers asked the IAB in their motions to furnish them copies of all pleadings, motions, orders, and other processes intended for Villa-Ignacio and that they be given time to file their opposition to the motion filed by Chua to resolve the case immediately.
 
The estafa was rooted in Chua’s complaint that Villa-Ignacio diverted her P26,000 donation for the construction of water pumps in areas ravaged by Typhoon Milenyo in 2006 to Gawad Kalinga.
 
“I filed the case against him because I was not informed that he would give the money I donated for the water pumps to Gawad Kalinga (GK) instead,” Chua told reporters at a press conference. She also refuted that the estafa case is part of the “demolition” plan being reportedly hatched against the special prosecutor by a bloc supporting Ombudsman Merceditas Gutierrez.
 
Villa-Ignacio said the donation to GK was marked by transparency and consensus by employees of the Office of the Special Prosecutor, after the intended direct donation to Quezon resident became not feasible. Yesterday, Villa-Ignacio filed his counter-affidavit with the IAB.
 
Reunion of the rellowship of the ring

Tanada and the four private lawyers offering now to defend Villa-Ignacio worked together with the special prosecutor in successfully prosecuting former President Joseph Estrada for plunder.
 
Tanada was among the congressmen-prosecutors in the Estrada impeachment proceedings while the four were a part of the team of private lawyers who volunteered their legal assistance to Villa-Ignacio.
 
In a statement today, two more lawyers involved in the Estrada plunder trial expressed support for Villa-Ignacio—private prosecutor Marichu Lambino and then public prosecutor Alexander Padilla.
 
“We have previously banded in fellowship for what we believe is righteous; we do so again: this time, to defend a good man,” the statement said. I t
was signed by lawyers Arno Sanidad, Lambino, Padilla, Peralta, and Lim.
 
During Estrada’s plunder trial, the team of private and public prosecutors likened themselves to the characters of J.R.R. Tolkien’s book, The Fellowship of the Ring, who met great challenges in achieving their mission.
 
“The fellowship continues as we stand together and say to the Special Prosecutor: Stay the course. The fight against graft and corruption has always been a lonely battle. This much we have learned in our time together. Time and true struggle will unmask the mere opportunist and those without conviction. We have faith in you,” the statement said.


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