Romualdez files bail petition in P7.44-B plunder case

ROMUALDEZ. File photo of former speaker Martin Romualdez.

Aaron Favila/AP/Sandiganbayan pool

The Leyte congressman has been detained since September 14 due to his plunder case related to the flood control mess

MANILA, Philippines – Leyte 1st District Representative and former House speaker Martin Romualdez filed a petition for bail with the Sandiganbayan 3rd Division on Monday, September 28, for his plunder case.

“Wherefore, premises considered, accused Ferdinand Martin Gomez Romualdez respectfully prays that this Honorable Court: Set the instant Petition for Bail for hearing, at which the Prosecution shall be required to present its evidence to show that the evidence of guilt against accused Ferdinand Martin Gomez Romualdez is strong, and accused Romualdez shall be afforded the opportunity to controvert the same,” said Romualdez’s petition.

Romualdez, cousin of President Ferdinand Marcos Jr., is facing a plunder charge before the anti-graft court Sandiganbayan.

The Office of the Ombudsman alleged that Romualdez allegedly acquired ill-gotten wealth amounting to P7.44-billion from kickbacks from flood control and other infrastructure projects.

He was arrested on September 7, but was only detained in the New Quezon City Jail in Payatas, Quezon City, on September 14, after spending a week in two different hospitals.

In his petition, Romualdez argued that there is no proof that he allegedly committed or joined the alleged criminal acts under Section 1(d)(2) or Section 1(d)(6) of the plunder law.

He also said that the testimony of state witnesses and former Department of Public Works and Highways (DPWH) officials Roberto Bernardo and Henry Alcantara may describe alleged dealings of his co-accused Zaldy Co with DPWH officials and contractors, but not proof of his alleged participation or knowledge in the alleged kickback scheme.

“The recantations and the contradicting affidavits materially weaken the delivery evidence on which the alleged series principally depends,” Romualdez added.

There have been recantations of testimony in Romualdez’s case, including that of former Marine Orly Guteza in August. Guteza alleged that that he was coerced by Senator Rodante Marcoleta and former lawmaker Mike Defensor to falsely implicate Romualdez in the alleged kickback scheme.

Despite these recantations, the Ombudsman believes that their case against Romualdez is still strong.

For grave offenses like plunder, bail is not automatic. An accused like Romualdez needs to file a petition for bail before the court.

The tribunal will hold hearings where the prosecution will present evidence to establish that the evidence of guilt is strong against the accused. The purpose of presentation is not yet to prove that the accused is guilty, but rather if the accused deserves to be allowed to post bail while the trial is ongoing.

If the the court rules that the evidence of guilt is strong, then the petition for bail will be denied. – Rappler.com