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Wednesday, February 02, 2005
Ombudsman seeks revival of graft suit v. Imelda's brod
By Benjamin B. Pulta
* Hold-departure order sought also v. former Leyte guv
STATE lawyers have asked the Supreme Court (SC) to allow prosecutors to pursue a P5.8 million graft case against Benjamin "Kokoy" Romualdez, brother of former First Lady Imelda Romualdez-Marcos.
In a 43-page petition, the Office of the Ombudsman, through Office of the Special Prosecutor Dennis M. Villaignacio, sought a reversal of two rulings of the Sandiganbayan dismissing Romualdez's criminal prosecution for violating graft laws.
The Ombudsman claimed that Romualdez was appointed ambassador, while being governor of Leyte, and drew compensation for both positions, a situation which caused an "illegal payment of funds" to the injury and prejudice of the government".
The Sandiganbayan dismissed the case for alleged failure of the case against Romualdez to show "how with evident bad faith, the allegations therein amounted to damage or injury to the government".
"Primary, the respondent court assumed non-existence of 'damage' or 'prejudice' to the government simply because, 'to receive compensation for actual services rendered would not come within the ambit of improper or illegal use of funds or properties of the government'," the Ombudsman said.
Aside from the nullifying the ruling, the Ombudsman also sought the issuance of a hold-departure order against Romualdez and to order his arrest and or to post a cash bond in sufficient amount for his temporary liberty.
The government lawyer said Romualdez got the position as ambassador due to the influence of his late brother-in-law, Ferdinand Marcos, who was then President.
While in the performance of his official functions as governor of Leyte, he "with evident bad faith" and using his influence had himself appointed as ambassador to foreign countries, particularly the People's Republic of China (Peking now known as Beijing), Kingdom of Saudi Arabia (Jeddah), United States of America (Washington D.C.) thereby enabling himself to collect dual compensation from the Department of Foreign Affairs (DFA) and Provincial Government of Leyte in the amount of P5,806,709.50 or US$276,911.56.
Villaignacio said Romualdez was guilty because as a public officer, he caused his illegal appointment to a position incompatible with being a governor of Leyte so he was not entitled to double salaries and undue injury was caused the government in the form or by reason of the incompatible nature of the positions.
Such, he added, was provided for in Presidential Decree (PD) 807 series of 1975, which states "no elective official shall be eligible for appointment to any office or position during his term of office".
"Clearly therefore, the consistent and continuing policy has been to absolutely prohibit elective officials, like private respondent Romualdez, from being appointed to any other public positions as the same would be inherently prejudicial to government services," Villaignacio said.
(February 2, 2005 issue)
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