Delirious gasps... of a dying cause!
Gonzalez
"The acting Justice Secretary's decision to subvert the findings of his city and regional state prosecutors at my expense is another capricious exercise of borrowed power and a grave abuse of discretion resulting to injustice notwithstanding his lack of confirmation by the Commission on Appointments." Thus says media magnate Dr. Rogelio M. Florete as he did not mince words against acting DOJ chief Raul Gonzalez upon learning last week of the latter's order to file the perjury case against him which was already twice dismissed by investigating prosecutors below.
"The reversal by the acting Justice Secretary of the evaluation and dismissal by his subalterns smacks of his gall to subject his very people to public embarrassment if only to exercise his conceited prerogative of reprisal against legitimate media which had been objective and uncompromising on valid public issues against him," intoned Dr. Florete in one of his rare public statements on the baseless case of perjury filed against him by his siblings.
"How can I be accused of perjury when the basis of my statements was no less than the findings of the country's premiere auditing firm, the Sycip Gorres and Velayo (SGV)?" Florete asked.
"In fact while testifying at the witness stand, I was holding and pointing at the SGV Report which based its findings on the stock and transfer books of the Corporation. I was even asked by the presiding judge to show the lines and pages of the SGV Report I was quoting from," Dr. Florete explained.
Dr. Florete took pains in explaining that "for decades past, my siblings and I had been voting on the same shares of stocks that we had and there was no instance from the minutes of all Board and Stockholders Meetings that they had assailed the basis of our respective stockholdings under People's Broadcasting Services, Inc. (PBS)," except that of the ownership of the late Atty. Santiago Divinagracia"
"In fact in the same testimony from which my siblings extracted and concocted their alleged case for perjury, the regional trial court has already ruled in my favor and awarded to me P 30 million in damages for their unabated and malicious attempts to besmirch my good name before the business community," explained Dr. Florete. He was referring to Corporate Case No. 03-002 entitled "Marcelino Florete, Jr. et al, vs. Rogelio M. Florete, Sr before Branch 39 of the Iloilo RTC for declaration of nullity of issuances, transfers and sales of shares in PBS.
The dispositive portion of the said case as decided by Judge J. Cedrick O. Ruiz which was later sustained by the Court of Appeals, and now pending before the Supreme Court reads:
"Wherefore, premises considered, the instant "Complaint" of the plaintiffs is hereby dismissed for lack of merit.
The "Counterclaim" of the defendant Rogelio Florete Sr. is hereby given DUE COURSE but only insofar as the claims for moral and exemplary damages are concerned. Consequently, the plaintiffs herein are hereby ordered to pay, jointly and severally, defendant Rogelio Florete Sr,the following sums to wit:
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TWENTY FIVE MILLION PESOS (P 25,000,000.00) as and for MORAL DAMAGES; and
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FIVE MILLION PESOS (P 5,000,000.00) as and for EXEMPLARY DAMAGES.
SO ORDERED."
Dr. Florete also lashed out at his detractors for their insatiable greed and envy which are the root cause of their much hyped " brothers at war" in the print media. In fact, they even harassed with law suits the Court Sheriffs who were only fulfilling their duties to serve the orders of the Court. Even RTC Judges, and the entire prosecutors office are not spared from their contemptuous and desperate abuse of "certiorari" remedies, and motion for inhibitions to stall and delay the proceedings," he said.
"How can someone who is allegedly lying win in the same case where the alleged perjured testimonies where taken from?" inquired Dr. Florete.
"From the records of the audit by SGV Report dated, October 31, 1994, from where I based my testimony before the Court , it was clearly shown based on the records of the capital stock accounts that I have had my stockholdings with PBS, Inc. as of November 27, 1967," Dr. Florete explained.
Previously, Dr. Florete had filed a perjury case against his brother Marcelino Florete, Jr. and brother-in-law Atty. Raul Muyco. The City Prosecutor and the Regional State Prosecutor found probable cause for the filing of the case in Court. A criminal case was filed before the Municipal Trial Court in Cities Branch 4, Iloilo City which after judicial determination also found probable cause. Warrant for the arrest of Marcelino Florete, Jr. and Raul Muyco was accordingly issued, and the two posted bail bond for their provisional release.
However, Dr. Florete noted that "the acting justice secretary, in complete disregard of the judicial system and a callous dishonor to the court, reversed the ruling of his prosecutor and order the dismissal of the perjury case against Marcelino Florete, Jr. and Raul Muyco. The pattern is familiar. Meantime, the case is still pending in Court as the latter has already acquired jurisdiction over the case and no amount of dismissal, pressure or influence from Gonzalez can divest the court of its power to hear and try the case according to law and due process."
"After all is said, let us give the acting Justice Secretary sometime to lick and enjoy the satisfaction that he gets from his wayward sense of justice. After all, he has been notoriously known to have sworn to high heavens that he will make life miserable for those who dare cross his path. To paraphrase a famous line from the late President John F. Kennedy, "let everybody know, whether they wish us well or ill, that we shall pay any price, bear any burden, meet any hardship, oppose any foe to assure the independence of the media in this part of the country.'' said Dr. Florete who is the latest addition in the long list of victims of Gonzalez's harassment.
"I have full trust and confidence in our own justice system where the case will be tried before the courts of law. The truth will come out," added Dr. Florete.
"In fact, the odds of the series of cases since this entire drama started now stand at 11 to 0 (win-loss), in my favor," Dr. Florete declared.