Romualdez Digest

G.R. No. 152259 July 29, 2004 ALFREDO T. ROMUALDEZ, petitioner, vs. THE HONORABLE SANDIGANBAYAN (Fifth Division) and the PEOPLE of the PHILIPPINES, respondents.

'Contrary to law.'

DECISION

"The [Motion to Dismiss] raise[d]

PANGANIBAN, J.:

'III. PURSUANT TO ARTICLE VII, SECTION 17 OF THE 1973 CONSTITUTION, [PETITIONER] IS IMMUNE FROM CRIMINAL PROSECUTION

The Facts "[The People of the Philippines], through the Presidential Commission on Good Government (PCGG), filed on July 12, 1989 an information before [the anti-graft court] charging the accused [with] violation of Section 5, Republic Act No. 3019,5 as amended. The Information reads:

"On December 27, 1996, the accused filed his first 'MOTION TO DISMISS

Ruling of the Sandiganbayan Motion for Reconsideration filed by petitioner, denied. Hence, this Petition.11 The Issues

'That on or about and during the period from July 16, 1975 to July 29, 1975, in Metro Manila, Philippines, and within the jurisdiction of [the Sandiganbayan], said [petitioner], brother-in-law of Ferdinand E. Marcos, former President of the Philippines, and therefore, related to the latter by affinity within the third civil degree, did then and there wil[l]fully and unlawfully, and with evident bad faith, for the purpose of promoting his self-interested [sic] 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 stocks of which is owned by former President Ferdinand E. 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 of its equipment and machineries from Jose Panganiban, Camarines Norte needed by BASECO in its shipbuilding and ship repair program for the amount of P5,000,000.00.

In his Memorandum, petitioner assigns F. Pursuant to Article VII, Section 17 of the 1973 Constitution, petitioner x x x is immune from criminal prosecution. The Court's Ruling The Petition has no merit. Fifth Issue Petitioner 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.70 He relies on Section 17 of Article VII of the 1973 Constitution, as amended, which we quote: "The President shall be immune from suit during his tenure. Thereafter, no suit whatsoever shall lie for official acts done by him or by others pursuant to his specific orders during his tenure. "x x x xxx x x x"

As the Sandiganbayan aptly pointed out, the above provision is not applicable to petitioner because the immunity amendment became effective only in 1981 while the alleged crime happened in 1975. In Estrada v. Desierto,71 this Court exhaustively traced the origin of executive immunity in order to determine the extent of its applicability. We explained therein 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. The reasoning of petitioner must therefore fail, 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." In sum, petitioner utterly fails to show that the Sandiganbayan gravely abused its discretion in issuing the assailed Resolutions.72 On the contrary, it acted prudently, in accordance with law and jurisprudence. WHEREFORE, the Petition is DISMISSED, and the questioned Resolutions of the Sandiganbayan AFFIRMED. Costs against petitioner. SO ORDERED. Davide, Jr., C.J., Quisumbing, Carpio, Austria-Martinez, CarpioMorales, Callejo, Sr., and Azcuna, JJ., concur. Puno, Ynares-Santiago, and Sandoval-Gutierrez, JJ., in the result. Corona, J., on leave. Tinga, J., in the result. Please see separate opinion. Chico-Nazario, J., no part. Ponente of assailed SB Resolutions.