The Supreme Court has reversed a choice permitting the perpetuation of the testimony of Juliette Gomez Romualdez, the mom of House Speaker Martin Romualdez, in reference to an ill-gotten wealth case.
In a choice written by Associate Justice Rodil Zalameda, the SC First Division reversed and put aside the September 2019 resolution and the December 2019 decision of the Court of Appeals (CA).
The CA had affirmed the order of the Makati Regional Trial Court (RTC) Branch 137 that granted the First Philippine Holdings Corporation’s (FPHC) petition to perpetuate Juliette Romualdez’s testimony.
“Since [Benjamin] Romualdez is cleared of any connection with TMEE, petitioner, his widow, should not be unfairly used as bait for FPHC’s unwarranted fishing expedition against TMEE and other individuals,” the SC mentioned.
It additionally mentioned that the order of the Makati RTC was “vacated and set aside.”
The resolution was promulgated in July however launched solely lately.
According to the Court, FPHC was the previous proprietor of 6,299,177 shares within the Philippine Commercial and Industrial Bank (PCIB shares). FPHC then bought the PCIB shares to Trans Middle East Equities Inc. (TMEE).
In 1986, the Presidential Commission on Good Government (PCGG) sequestered the mentioned PCIB shares, as these have been allegedly the ill-gotten wealth of Benjamin Romualdez, Juliette’s husband.
After a grievance for reconveyance, reversion, accounting, restitution, and damages was filed in opposition to Romualdez and her husband earlier than the Sandiganbayan, the FPHC filed a movement for the sale of the shares to TMEE to be annulled and returned to the FPHC.
The FPHC’s movement alleged that its dummy board illegally bought the PCIB shares to TMEE.
The Sandiganbayan dismissed the grievance on the grounds of prescription. It turned last in 2009.
This led the FPHC to file a second grievance, the place it tweaked the grievance and argued that if the PCIB shares are discovered to be ill-gotten wealth, the PCGG has an obligation to return them to the FPHC.
The Sandiganbayan additionally dismissed the grievance on the bottom that the reason for motion was just like that within the first complaint-in-intervention.
Following this, the FPHC filed a petition for certiorari earlier than the SC in addition to a petition earlier than a Makati court docket to perpetuate Juliette Romualdez’s testimony, citing her previous age and situation.
The Makati court docket then granted the petition and dismissed her movement for reconsideration of the order.
The appellate court docket then allowed the execution of the Makati court docket’s order for the perpetuation of her testimony whereas the FPHC’s petition for certiorari was pending earlier than the SC.
In its ruling, the SC mentioned the CA dedicated a grave abuse of discretion in ordering the execution of the order whereas Juliette Romualdez’s enchantment was pending.
“The Court finds that the CA haphazardly allowed the execution pending appeal on a myopic reading of the facts that are heavily, albeit unduly, skewed in favor of FPHC,” it mentioned.
Further, the Court mentioned that on the time the FPHC filed its movement, the petition not had a factual and authorized foundation as a result of the Sandiganbayan had already dismissed the grievance for the failure of the PCGG to show that TMEE was a part of the alleged ill-gotten wealth of Benjamin Romualdez.
The Court additionally mentioned that the FPHC’s petition to perpetuate the testimony lacked foundation.
“To stress, the PCIB shares are registered in the name of TMEE. There is no showing, though, that petitioner is part of TMEE,” the SC mentioned.
“What is clear, therefore, is that petitioner’s only connection to the PCIB shares is her relationship with her late husband, Benjamin, the alleged beneficial owner of said shares. However, FPHC failed to allege sufficient cause for the perpetuation of petitioner’s testimony,” it added.
The SC additional mentioned that the FPHC’s place that the PCIB shares are ill-gotten wealth has no factual foundation as there isn’t any hyperlink between TMEE and Benjamin Romualdez. —VBL, GMA Integrated News
Source: www.gmanetwork.com
