Supreme Court reverses ruling, clears Kokoy of graft

MANILA, Philippines - The Supreme Court (SC) has reversed its ruling on the graft case against former ambassador Benjamin “Kokoy” Romualdez in connection with his supposed dual compensation in government during the regime of his brother-in-law, the late former President Ferdinand Marcos.

Voting 8-4 with three justices not taking part in the deliberation, the high court set aside its decision last year ordering Romualdez’s prosecution for violation of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act for receiving compensation both as ambassador to the People’s Republic of China, Kingdom of Saudi Arabia, and United States of America and as Leyte provincial governor from 1976 to 1986.

In a 14-page resolution penned by Associate Justice Dante Tinga and promulgated last Wednesday, the SC granted the second motion for reconsideration filed by Romualdez and ruled that the graft charges against the accused have been extinguished by prescription.

The high court said the criminal cases against Romualdez have already been prescribed since he was charged before the Sandiganbayan on Nov. 5, 2001.

It held that the time span that elapsed from the alleged commission of the offense up to the filing of the cases was clearly beyond the 15-year prescriptive period provided under Section 11 of RA 3019.

It noted that the Presidential Commission on Good Government (PCGG) attempted to file similar cases in 1989, but these had been quashed based on the prevailing jurisprudence that information filed by the PCGG and not the Office of the Special Prosecutor/Office of the Ombudsman are null and void for lack of authority on the part of the PCGG to file the same.

“The rule is that for criminal violations of RA 3019, the prescriptive period is tolled only when the Office of the Ombudsman receives a complaint or otherwise initiates its own investigation. As such preliminary investigation was commenced, the offense had already prescribed as of such time,” the ruling stated.

The high court said the issue of prescription had previously not received serious consideration from the SC as the anti-graft court had apparently rejected the claim of prescription and instead quashed the information on a different ground relating to the elements of the offense.

“It was on that point which the Court, in its 23 July 2008 decision, understandably focused,” it said.

Concurring with the majority ruling were Chief Justice Reynato Puno, and Associate Justices Consuelo Ynares-Santiago, Ma. Alicia Austria-Martinez, Renato Corona, Presbitero Velasco Jr., Antonio Eduardo Nachura, and Lucas Bersamin.

Justices Antonio Carpio and Arturo Brion dissented and wrote separate opinions.

Justices Conchita Carpio-Morales and Minita Chico-Nazario joined them. Senior Associate Justice Leonardo Quisumbing was on official leave, while Justices Teresita Leonardo-de Castro and Disodado Peralta did not take part in the deliberations.

In its July 23, 2008 decision, the SC had ordered the Sandiganbayan to proceed with the trial of Romualdez in a 23-page decision penned by Associate Justice Brion.

Romualdez allegedly drew dual compensation as a provincial governor and as an ambassador to various countries between 1976 until the end of the Marcos regime in 1986.

The original charge sheet claimed Romualdez earned P5.8 million in illegal dual compensation while serving as ambassador to various countries and governor of Leyte. – Edu Punay