The Sandiganbayan has denied the motion for reconsideration filed by businessman Ernest Escaler on his involvement in the forfeiture case of former Justice secretary Hernando "Nani" Perez, clearing the way to allow the deposition of witness former consul in Switzerland Lilibeth Pono.

In a 5-page resolution promulgated on 19 December, the anti-graft court's third division denied Escaler's November appeal to exclude Pono as part of the government's evidence in a forfeiture case, for being pro forma and for lack of merit.

Escaler is a respondent in the forfeiture case filed by the Ombudsman along with Perez, Perez's wife, Rosario, and brother-in-law, Ramon Antonio Arceo Jr.

The Sandiganbayan granted permission in November for Pono, a former consul at the Philippine Embassy in Switzerland, now charge d'affaires in Germany, to give testimony.

The case for forfeiture of unlawfully acquired property under Republic Act 1379 arose from Perez's alleged demand for $2 million from former Manila lawmaker Mario Crespo a.k.a. Mark Jimenez, in 2001 in exchange for the latter's exclusion from the plunder investigation against former President Joseph Estrada in connection with the multibillion-peso Caliraya-Botocan-Kalayaan power plant project.

The Sandiganbayan disagreed with Escaler, who claimed that Pono's written evidence could not be administered since Minister and Consul in Germany Gerardo Abiog works for the petitioner, the Republic of the Philippines.

In August, the Sandiganbayan's third division allowed the Office of the Ombudsman's prosecutors' motion to take Pono's testimony through a deposition overseen by Abiog.

"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 resolution penned by Presiding Justice chairperson Amparo Cabotaje-Tang.