Sandiganbayan denies Romualdez motion to lift hold order

MANILA, Philippines — The Sandiganbayan has denied the motion by former speaker Martin Romualdez to lift the Precautionary Hold Departure Order (PHDO) against him for lack of merit. Romualdez was issued a PHDO last April 22 by the Sandiganbayan after the Office of the Ombudsman filed an application against him for being among those being investigated in the flood control scandal. In its 12-page resolution promulgated on June 1 the 7th Division, through its Chairman and Associate Justice Lorifel Pahimna, said that Romualdez's motion was unverified, his pleading unsigned and therefore has no legal merit. This was concurred by Associate Justices Georgina Hildalgo and Hans Nocom. The anti-graft court said that an application for a PHDO may be filed with the court even prior to the start of preliminary investigation once the Office of the Ombudsman found sufficient evidence to support a belief that a crime has been committed, that the respondent was probably guilty, and that there was a high probability of flight. "The investigating prosecutor is not required to direct the respondent to submit a counter-affidavit or await his or her submission before filing such application with the court," the court said. It also said that it was speculative for Romualdez to claim that what occurred on April 20 was merely the receipt or docketing of the Complaint. "Neither he nor this court can assume the exact manner or timing by which the (Ombudsman) made its preliminary finding of probable cause after receiving the Complaint. It also said that the court's determination of probable cause for purposes of issuing the PHDO was "confined to ascertaining whether sufficient grounds exist to believe that a crime has been committed and that Rep. Romualdez is probably guilty of committing it." "The court did not rule on the ultimate issue of guilt, nor did it require proof beyond reasonable doubt, as these are matters properly addressed during trial. It only determined the existence of probable cause as prescribed by the rules. At this stage, it is sufficient that the elements of the offenses charged reasonably appear from the evidence on record," it said.

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