THE Sandiganbayan Third Division issued yesterday an arrest warrant against former Speaker and incumbent Leyte Rep. Martin Romualdez, former Party-list Rep. Elizaldy Co of Ako Bicol and two others for allegedly pocketing and receiving kickbacks amounting to P7.4 billion from infrastructure and flood control projects of the government.
Also covered by the arrest warrant are their co-respondents-Joselyn Tragua Serenio, Romualdez’s personal aide, and Felicito Guevarra, president of Samchan Foreign Exchange Corporation.
In addition, the anti-graft court issued a hold departure order (HDO) against all the respondents.
The crime of plunder is a non-bailable offense.
‘The issuance of a warrant of arrest signifies only that, after personally evaluating the records, the Court found probable cause to believe that the accused committed the offense charged,’ the Third Division said.
‘Probable cause for the issuance of a warrant of arrest exists when the facts and circumstances alleged by the prosecution would lead a reasonably discreet and prudent person to believe that an offense has been committed by the person sought to be arrested,’ it added.
The Sandiganbayan stressed that the arrest order ‘does not constitute a determination of guilt.’
The arrest warrant was issued several hours after the Ombudsman filed the plunder case.
Ombudsman Jesus Crispin Remulla said more plunder and money laundering charges are still being prepared by the agency against Romualdez, whom he considered as the ‘biggest fish’ that have been charged so far in connection with the flood control mess.
The Ombudsman had previously charged former senator Ramon Revilla Jr. and Sen. Jose Pimentel Ejercito alias Jinggoy Estrada, several other lawmakers, present and former Public Works officials and contractors for their alleged involvement in the flood control scandal.
Revilla, however, was allowed to post bail by the Sandiganbayan owing to the failure of the Ombudsman to present strong evidence of guilt during the bail hearings.
Romualdez is being accused of manipulating and pocketing funds intended for flood control projects of the government from 2022 to 2025 amounting to at least P56 billion.
The plunder charge has been raffled off to the Sandiganbayan Third Division which is expected to determine the existence of probable cause for the issuance of arrest warrant against the respondents.
Institutional influence
IN its resolution, the Ombudsman gave weight to Romualdez’s ‘institutional influence’ in the House as Speaker which enabled him to commit plunder.
‘He held the highest level of power in the House-such as his roles in committees, the selection of Zaldy Co as Chairman of the Appropriations committee and his role and influences in the legislative and budget process,’ the Ombudsman said.
The Ombudsman also noted that Romualdez had ‘uninterrupted control and meaningful participation over the national budget’ owing to his position and friendship with Co.
On the other hand, Co then had control over the selection, prioritization and funding of projects.
The Ombudsman said its investigation showed that Romualdez directly or indirectly received money from Co’s security escorts on at least 15 occasions as commissions, shares, percentages, kickbacks, commitments or other pecuniary benefits’ amounting to P7.44 billion.
The amount includes monies derived from contractors, persons and entities involved in flood control, infrastructure and other government projects under the General Appropriations Act for the period 2022 to 2025.
The money were allegedly delivered to properties owned or associated with Romualdez and received by Serenio and other persons acting on his behalf.
These deliveries, according to the Ombudsman, were part of the P2 billion monthly quota or collection that Romualdez imposed on Co.
Out of the P7.4 billion illegally amassed by Romualdez, the Ombudsman said P5 billion was used to form shell or dummy companies such as Golden Pheasant Holdings Corporation, Braavos Holdings OPC of Valiant Consolidated Resources Inc.
To conceal the trail, the money was exchanged into foreign currencies allegedly with the help of Guevarra’s foreign exchange company.
‘These shell companies were used to transfer funds and purchase properties and assets such as the P1.5 billion property on Tamarind Road in Forbes Park, Makati,’ the Ombudsman said.