In a 14-page motion to dismiss filed through his counsel lawyer Enrico Fernando before the third division of the Sandiganbayan, Alfredo "Bajo" Romualdez said that the PCGG and the Solicitor General’s Office violated his constitutional right to a speedy disposition of his case because of its "failure to diligently prosecute civil case 0167, which is seeking the forfeiture of his alleged unlawfully acquired property.
Romualdez also questioned the jurisdiction of the Sandiganbayan to hear the case.
He said that the government’s petition for the forfeiture filed on March 6, 1996, is also dismissible on the ground of prematurity.
The case was filed as early as March 1996; however, it was only in June 2000, or after a lapse of fifty months that petitioner sought the issuance of an "alias summons with to herein respondent," Romualdez said.
Romualdez said that since the civil case is a forfeiture proceeding under Republic Act 1397 "compliance with the law’s jurisdictional requirements must first be presented before the Sandiganbayan can take cognizance of the case." – Jose Rodel Clapano