THE Sandiganbayan has dismissed a $5,193,726.37 forfeiture case against the late Benjamin T. “Kokoy” Romualdez and his wife Juliette Gomez-Romualdez for lack of jurisdiction.
In its five-page resolution dated June 18, the anti-graft court’s Fourth Division dismissed the Ombudsman’s (Ombudsman) complaint against Mr. Romualdez, younger brother of Ilocos Norte Congresswoman Imelda R. Marcos, as “it should have referred (the case) to the OSG (Office of the Solicitor-General).”
The case stemmed from a complaint filed by the Ombudsman last Sept. 13, 2011, accusing Mr. Romualdez and his wife of illegally amassing wealth and properties during his stint as governor of Leyte province between Dec. 30, 1967 and March 25, 1986.
“There is no doubt that the (Ombudsman) has the authority to investigate or conduct an investigation akin to a preliminary investigation in forfeiture cases,” the Sandiganbayan’s resolution read.
However, it added that the Ombudsman only has jurisdiction to pursue cases of ill-gotten wealth after Feb. 25, 1986, when the dictator Ferdinand E. Marcos was ousted by the People Power Revolution.
According to the Sandiganbayan, “[a]s it stands, the present petition should be dismissed for lack of authority of the (Ombudsman, since) “the alleged ill-gotten wealth could have only been amassed before 25 February, 1986….”
Respondent Romualdez was no longer a public official after 25 February 1986, the anti-graft court noted.
It added, however, that the complaint could be refiled by the OSG.
Solicitor-General Jose C. Calida, a leader of the Alyansang Duterte-Bongbong in the 2016 election campaign, was sought for comment as of writing.
Mr. Romualdez died at the age of 81 on Feb. 21, 2012. — Dane Angelo M. Enerio

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