Romualdez vs Sandiganbayan
G.R. No. 152259
July 29, 2004
Facts:
The
People of the Philippines, through the Presidential Commission on Good
Government (PCGG) filed an information before the anti-graft court on July 12,
1989 charging Romualdez with violation of Sec. 5, Republic Act No. 3019 as
amended.
The
information states that on or about and during the period from July 16 to July
29, 1975, Romualdez, brother-in-law of President Marcos, former president of
the Philippines, did then and there willfully and unlawfully, and with evident
of bad faith, for the purpose of promoting his self-interest and/or that of
others, intervene directly or indirectly, in a contract between the National
Shipyard and Steel Corporation (NASSCO), a government-owned and controlled
corporation and the Bataan Shipyard and Engineering Company (BASECO), a private
corporation, the majority of stocks of which is owned by former Pres. Marcos,
whereby the NASSCO sold, transferred and conveyed to the BASECO its ownership and
all its titles and interests over all equipment and facilities including
structures, buildings, shops, quarters, houses, plants and expendable and
semi-expendable assets, located at the Engineer Island known as the Engineer
Island Shops including some equipment and machineries from Jose Panganiban,
Camarines Norte needed by BASECO in its shipbuilding and ship repair program
for the amount of P 5, 000, 000.00.
Romualdez
argues that he enjoys derivative immunity, because he allegedly served as a
high-ranking naval officer ----- specifically, as naval aide-de-camp – of
former President Marcos. He relies on Sec. 17, Art. VII of the 1973
Constitution, as amended, which states that:
“The President shall be
immune from suit during his tenure. Thereafter, no suit whatsoever shall lie
for official acts done by him or by other pursuant to his specific orders
during his tenure.”
Issue:
Whether
or not pursuant to Sec. 17, Art. VII of the 1973 Constitution, Romualdez is
immune from criminal prosecution.
Ruling:
No.
As aptly pointed out by Sandiganbayan, the provision in Sec. 17, Art Vii of
1973 Constitution is not applicable to Romualdez because the immunity amendment
became effective only in 1981 while the alleged crime happened in 1975.
In
Estrada vs Desierto, the SC explained that executive immunity applied only
during the incumbency of a President. It could not be used to shield a
non-sitting President from prosecution for alleged criminal acts done while
sitting in office. Romualdez’s reasoning fails since he derives his immunity
from one who is no longer sitting as president. Verily, the felonious acts of
public officials and their close relatives “are not acts of the State, and the
officer who acts illegally is not acting as such but stands on the same footing
as any other trespasser.”
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