MANILA, Philippines – The Supreme Court (SC) cleared the way for former House speaker Martin Romualdez’s plunder case after it denied the lawmaker’s petition against the Office of the Ombudsman’s investigation.

On Wednesday, November 4, the SC said its en banc denied Romualdez’s certiorari petition against the Ombudsman’s preliminary investigation into his plunder case. The petition also covers the investigative body’s application for a preliminary hold departure order, freeze order, and the alleged use of inadmissible evidence.

Certiorari is a legal remedy that seeks to review another body’s decision for grave abuse of discretion. If granted, it can overturn an order or resolution.

Preliminary investigation is the stage where prosecutors – in this case, the Ombudsman – assess evidence and decide whether to file a case before a court or not. It is the stage before the actual filing of a case.

Meanwhile, the SC also denied Romualdez’s request for a temporary restraining order and/or writ of preliminary injunction to stop the Ombudsman from conducting its preliminary investigation against him.

“The SC ruled that the petition has become moot, or no longer needs to be resolved, because a plunder charge had already been filed against Romualdez before the Sandiganbayan, where he was arraigned and pleaded not guilty. The SC also found no exceptional circumstances that would justify resolving the petition despite its having become moot,” the High Court explained.

Romualdez is facing a corruption case due to alleged P7.44-billion in kickbacks from government projects.

“By repeatedly receiving, directly or indirectly, on at least fifteen (15) occasions, commissions, shares, percentages. kickbacks, ‘commitments’ and/or other pecuniary benefits aggregating at least PhP7,440,000,000.00, by reason or on account of the respective public offices and positions of Romualdez and Co. including monies derived from contractors, persons and entities with interests in flood control, infrastructure and/or other government projects funded under the General Appropriations Acts for fiscal years 2022 to 2025,” the Ombdusman said in the charge. 

Romualdez’s petition is indeed moot because the Ombudsman already finished its investigation and filed the plunder case against him with the anti-graft court Sandiganbayan on September 7. On the same day, the anti-graft court’s 3rd Division issued a warrant against Romualdez and ordered his detention.

The lawmaker, who is a first cousin of President Ferdinand Marcos Jr., has been detained in New Quezon City Jail in Payatas since September 14.

Plunder is non-bailable so the only way for Romualdez to avail himself of temporary liberty is through a bail petition, which he filed on September 28.

The Sandiganbayan will assess the prosecution’s evidence and if it finds that the evidence of guilt is strong, it might deny Romualdez’s request. – Rappler.com

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