GR 105248; (May, 1995) (Digest)
G.R. No. 105248 May 16, 1995
BENJAMIN (KOKOY) ROMUALDEZ, petitioner, vs. SANDIGANBAYAN (First Division) and PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG), respondents.
FACTS
Petitioner Benjamin Romualdez, a long-time public official, was charged by the PCGG with 24 counts of violating Section 7 of the Anti-Graft and Corrupt Practices Act for allegedly failing to file his Statements of Assets and Liabilities from 1962 to 1985. The informations were filed in 1989. The Sandiganbayan issued warrants for his arrest, but Romualdez was abroad. In 1991, Romualdez filed motions to recall the warrants, arguing the PCGG lacked authority to conduct the preliminary investigation for these charges, as its investigatory power under Executive Orders was limited to cases of ill-gotten wealth. He simultaneously sought to post a cash bond and secure his provisional liberty upon his promised return to the Philippines.
The Sandiganbayan granted his motion to post a provisional cash bond on the condition he return and personally appear before the court within a set period. Romualdez posted the bond but subsequently filed multiple motions seeking extensions and, ultimately, the removal of the fixed deadline for his return, while maintaining his willingness to appear. The PCGG opposed these motions and moved to confiscate the bond.
ISSUE
Whether the Presidential Commission on Good Government (PCGG) had the legal authority to conduct the preliminary investigation and file the criminal informations against Romualdez for violation of the Anti-Graft and Corrupt Practices Act (R.A. No. 3019).
RULING
The Supreme Court ruled in favor of the petitioner and nullified the proceedings. The legal logic is anchored on the principle of statutory and constitutional construction regarding the PCGG’s powers. The Court, citing its precedent in Cojuangco, Jr. v. PCGG, held that the PCGG’s power to investigate under its founding Executive Orders is confined to cases involving the recovery of ill-gotten wealth. Violations of Section 7 of R.A. No. 3019 for non-filing of SALN are distinct offenses not inherently about asset recovery. The investigation and prosecution of such general graft charges fall under the jurisdiction of the Ombudsman and the regular prosecutorial agencies.
The Court clarified that the PCGG’s certification of a preliminary investigation in the informations was fatally defective, as it was issued without legal authority. Consequently, the informations filed were void, and the Sandiganbayan did not acquire jurisdiction over the person of the accused based on these void charges. The orders stemming from these void informations, including the warrants of arrest and the bail bond requirements, were also null and void. The cash bond posted by Romualdez was ordered returned. The Court emphasized that the authority to investigate is determined by the nature of the offense charged, and the PCGG overstepped its limited, special mandate in this case.