The Sandiganbayan Seventh Division ruled to sustain its earlier decision to issue a precautionary hold departure order (PHDO) on Leyte 1st District Rep. Ferdinand Martin Romualdez linked to his supposed involvement in the multibillion peso flood control scandal.
Based on the resolution, Romualdez contested the court’s findings of probable cause on his case as he noted that there had not yet been a preliminary investigation that was conducted related to the allegations that he orchestrated the issue.
It further noted that the lawmaker questioned why it was investigating officers from the Office of the Ombudsman instead of actual witnesses that were asked to testify in the hearings on the PHDO, noting that the officers could not have had any direct personal knowledge on the accusations raised through affidavits.
For its part, the court maintained that the Ombudsman was well within its right to pursue a hold departure order prior to conducting any investigation based on the Revised Rules of Procedure of the investigative body.
The judges also explained that its verdict on the issue of probable cause was grounded on the repeated mention of Romualdez as a figure in the issue and on the statement from the investigative body that it considered the recommendation of the Independent Commission on Infrastructure (ICI).
“The court did not rule on the ultimate issue of guilt, nor did it require proof beyond reasonable doubt, as these are matters properly addressed during trial. It only determined the existence of probable cause as prescribed by the rules,” the resolution read.
It stated that Romualdez’s risk of flight could not be undermined in relation to the gravity of allegations and potential repercussions in the event that he would be charged with crimes.
In addition, the court mentioned that the ruling on the matter allows for the court to proceed with its process without a scenario wherein the particular individual would not be present during the proceedings that are undertaken on their behalf as an accused.
“It ensures orderly administration of justice bound by due process without rendering the investigation and the rules inutile,” it stated.
“Accordingly, instant Motion is DENIED for lack of merit,” it added.
Through a statement released last Friday, 29 May, Atty. Elaine Atienza, a lawyer and the spokesperson of Romualdez, sought for the investigations to her client to be conducted through a fair and just manner.
Atienza asserted that the former house speaker could not have influenced the budget process as much as he was being alleged to have done as the procedure was undertaken through different agencies and branches of government, particularly the executive.
“Accountability must be based on evidence, not theory or opinion. It must be based on what a person actually did, not what people assume his title allowed him to do,” he said.
In a recent development, Romualdez was invited to the scheduled committee hearing of the Senate Blue Ribbon Committee this Thursday, 4 June, as the panel resumes its probe into the flood control scandal.