SC orders
prosecution
of Kokoy Romualdez
THE Supreme Court on Friday ordered the
Sandiganbayan to proceed with the prosecution of Benjamin "Kokoy"
Ro-mualdez, younger brother of former First Lady Imelda
Marcos, for violation of the Anti-Graft and Corrupt Practices
Act (RA 3019) in connection with his appointment as Philippine
Ambassador while serving as incumbent governor of Leyte and
receiving compensation for both posts.
In a unanimous decision penned by Justice
Arturo D. Brion, the court en banc annulled Sandiganbayan
resolutions dated June 22, 2004 and Nov. 23, 2004 granting the
motion to quash filed by Romualdez, and the Presidential
Commission on Good Government's motion for reconsideration,
respectively. The Sandiganbayan had ruled that the allegation of
damage and prejudice to the government due to Romual-dez's
concurrent holding of two posts was without basis.
The SC said the San-digan-bayan "grossly and
egregiously erred" in coming out with the resolutions, "to the
point of acting outside its jurisdiction through the grave abuse
of its discretion."
The high court said Romualdez's two positions
as ambassador and governor were incompatible with each other and
the legality of his receiving compensation for both positions is
better addressed in a trial.
"Correctly understood, it is not the holding of two
concurrent positions or the attendant efficiency in handling of
these positions, but the causing of undue injury to the
government that is at the core of a Section 3(e) violation," the
high court said.
