Businessman Francis de Borja has asked the court to stop the Justice Department from investigating charges he offered P10 million to an appellate justice to inhibit from a case involving Manila Electric Co. and a state workers’ pension fund.

De Borja also asked the Manila Regional Trial Court to declare all the proceedings null and void, saying the Justice panel has no authority to look into the alleged bribery.

The panel is composed of Ernesto Pineda and Fidel Exconde Jr., both undersecretary at the Justice Department, and Chief State Prosecutor Jovencito Zuño. It is investigating reports that De Borja, an alleged emissary of the Lopez group which controls Meralco, had made a bribe offer to Associate Justice Jose Sabio Jr. to give way to a Meralco-friendly justice.

De Borja said the panel is acting in excess of its jurisdiction in conducting the preliminary enquiry considering that a majority of the members, including its chairman, are “not government prosecutors authorized by law to conduct the investigation.”

De Borja said the panel committed several abuses of discretion. First, when it issued a resolution denying De Borja’s omnibus motion to disqualify the panel members; and second, when it issued another resolution last Dec. 8, denying De Borja’s motion for reconsideration.

De Borja said unless the Justice panel is prohibited from conducting its probe, he would be constrained to participate and submit himself to a “sham and bogus proceedings.” Michael Caber