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Bacolod City, Philippines Saturday, April 28, 2007
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Jarque eyes
countersuit versus Peņa

BY GUILLERMO TEJIDA III

Retired Army general Raymundo Jarque refuted the statement purportedly made by businessman and Pulupandan mayoralty bet Magdaleno Peņa that the Supreme Court has not ruled in favor of the accused, in the charges he filed against Jarque and many others in the early 1990s.

"It's practically a false statement," the former Army Negros Island commander said at a press conference last night. These cases have already been dismissed by the Third Division of the SC, Jarque said. Jarque was referring to the charges docketed as Criminal Cases 17282 to 17286, Peņa filed before the Sandiganbayan's Fourth Decision, which were dismissed, and subsequently affirmed with modifications by the SC in December, 2004.

"Peņa can no longer complain with the Supreme Court," Jarque said of the cases which included robbery, violation of the Graft and Corrupt Practices Act, and qualified theft.

Reached though phone last night, Peņa belied Jarque's accusations. "I haven't talked about Jarque for a long time. I've forgotten him. I don't even know he is still alive."

Peņa said "I don't have the time (to talk about Jarque). He is not important in my life."

He tagged Jarque's accusation as ridiculous.

Jarque is just "kulang sa pansin (seeking attention)," he said.

COUNTER CHARGES

Jarque disclosed plans to lodge a counter suit against Peņa.

Asked what these cases would possibly be and when he intends to go to court, Jarque refused to reveal, but he hinted he is filing at "anytime" a damage suit involving millions of pesos, obstruction of justice, and that he will seek the disbarment of Peņa, who is a lawyer.

Jarque said the entry of judgment of Pena's dismissed charges had become final and executory on April 5, 2005 yet.

He lamented, though, that they received copies of the decision only recently, and slammed anew the Philippine justice system, the same plight that drove him to "seek sanctuary" with the Communist Party of the Philippines- New People's Army in disgust over it in 1995.

He disclosed that he is consulting with his lawyers from Manila, Iloilo and Negros who are currently doing research on the legal actions he would take. He mentioned former Solicitor General and Negrense lawyer Frank Chavez as one who may handle his case.

Jarque said he had received "confidential information" that Peņa has been visiting police units where the candidate for mayor has been reportedly telling men in uniform, and "made some harsh remarks" that they would suffer the same fate as Jarque had, if they engage in activities against him.

He added that he was also told that Peņa even went to the Army Brigade headquarters in Brgy. Minoyan in Murcia town to make pronouncements against him.

"He is still insisting he has connections with the police and military. Peņa is misleading the people," Jarque said, as he urged voters not to vote for corrupt and dirty politicians.

"I did not do it. I can't do such silly thing," Peņa countered.

He said that the Sandiganbayan, according to the SC, committed an error, and it can no longer try Jarque because it may place him in double jeopardy.

"I'm no longer interested in the case. I had taught him a lesson not to intervene in domestic affairs," Peņa said.

Asked why he came out just now that Peņa is seeking a mayoralty post in Pulupandan, Jarque said his coming out has nothing to do with politics.

He also revealed that the staff of re-electionist Rep. Ignacio Arroyo (5th district, Negros Occidental) also told him that Arroyo is not supporting Peņa, contrary to what the latter is allegedly claiming.

But Peņa said: "What's wrong with Jarque? So what if I'm supporting Iggy. He is also supporing Jun Lozada."

Lozada and Arroyo are contesting the 5th district congressional seat.

"He is not after the truth," Jarque said of Peņa who, he added, caused him "huge damage," and with his "lawyerly tactics," made sure he had him financially crippled, to the point that the funds from his classmates in the Philippine Military Academy in helping his cause had even dwindled

But Peņa said: "I will no longer bother an old man. Let him rest in peace."*GCT

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