Tuesday, August 28, 2007 Court stops ruling on dollar-salting cases v. Imelda
THE Court of Appeals (CA) has enjoined the Manila Regional Trial Court (RTC) from rendering its judgment in three dollar-salting cases filed against former First Lady Imelda Marcos involving her family's alleged US$683 million Swiss bank deposits.
Associate Justice Jose Reyes of the CA Eighth Division granted the motion of former solicitor general Francisco Chavez seeking the issuance of a writ of preliminary injunction without need for the posting of P100,000 bond, considering that the petition was a taxpayer's suit.
Chavez's petition sought to stop Judge Silvino Pampilo Jr. of Manila RTC Branch 26 from further proceeding with the criminal cases and from eventually deciding these cases against Marcos.
The injunction would indefinitely prevent Pampilo from proceeding with the promulgation of judgment on the Marcos cases.
Since the trial proceedings before the RTC have already been terminated, the proscription against enjoining criminal proceedings may no longer be strictly invoked, and only the promulgation of judgment may be restrained, the CA ruled.
"The petitioner and or the prosecution might no longer have any more remedy should a judgment of acquittal be rendered by respondent judge," the CA said.
The appellate court further said no substantial injury would be caused to accuse Marcos anyway if the promulgation of judgment would be deferred in the meantime.
Last May 22, the CA issued a 60-day temporary restraining order (TRO) against the trial court, considering that the criminal cases have already been deemed submitted for resolution and Pampilo had already set the promulgation of judgment on the case on May 30.
Chavez filed the cases in 1991 when he was still solicitor general of the administration of then President Corazon Aquino.
In his petition for certiorari, prohibition and mandamus filed on May 4, 2007 before the CA, Chavez assailed Pampilo's denial of their motion seeking his inhibition from the case.
Chavez, who served as a witness in the criminal cases involving the Marcoses' ill-gotten wealth, said the petition is based on the judge's "clear and undeniable evidence of bias" in favor of Marcos.
He alleged that instead of informing the parties that the petition seeking his inhibition was deemed submitted for resolution, the respondent judge outright denied in open court the motion to inhibit without explaining the basis for such denial.
Pampilo handles 70 percent of the Marcos criminal cases while 30 percent remains in the Sandiganbayan.
In September last year, the respondent judge allowed Marcos to travel to Hong Kong and mainland China for alternative medication for her recurring cough and ailing knees, despite her pending criminal cases.
The 78-year-old widow of the late strongman Ferdinand Marcos is facing a string of civil and criminal charges relating to her husband's US$683 million Swiss bank deposits. She has 11 other pending cases before the Sandiganbayan. (ECV/Sunnex)
