QUEZON CITY, Philippines — Incumbent Leyte 1st District Representative and former House Speaker Martin Romualdez filed a petition for bail before the Sandiganbayan Third Division on Monday, September 28, asserting that the prosecution’s evidence regarding his alleged involvement in a ₱7.4-billion kickback scheme is insufficient to establish his guilt.
The petition was submitted by Romualdez’s legal team at 12:05 p.m., following the Office of the Ombudsman’s September 7 filing of a plunder complaint against him, former Ako Bicol Party-list Representative Zaldy Co, and two other individuals over alleged kickbacks from government flood-control and infrastructure projects.
”Accused Romualdez is entitled to bail under the Constitution and the Sandiganbayan Rules because the prosecution cannot establish proof evident or presumption great of his guilt of plunder; the evidence of his guilt is not strong,” the petition stated.
The defense emphasized that bail proceedings must specifically determine whether the prosecution’s proof meets the high legal standard of “proof evident or presumption great,” an evaluation distinct from the preliminary investigation’s finding of probable cause.
”There is no proof evident that accused Romualdez knowingly committed or joined, alone or in connivance with accused Co, a statutory combination or series of overt or criminal acts under Section 1(d)(2) or Section 1(d)(6) of the Plunder Law,” the filing read.
Attorneys for Romualdez challenged testimony from former Department of Public Works and Highways (DPWH) Undersecretary Roberto R. Bernardo and former Bulacan First District Engineer Henry C. Alcantara, noting that their accounts primarily centered on Co’s interactions with DPWH officials and contractors rather than showing direct involvement, knowledge, receipt, or control of funds by Romualdez.
”The delivery evidence may establish the transportation of luggage on certain occasions; it is not proof evident of the contents, the amount, the unlawful source, or accused Romualdez’s knowing receipt,” the defense argued.
The petition pointed to recantations and inconsistencies in affidavits as factors weakening claims of cash deliveries. It further maintained that Romualdez’s routine participation in congressional budget procedures was lawful and did not constitute misuse of office.
Addressing claims regarding his Statement of Assets, Liabilities and Net Worth (SALN), the defense stated:
”The alleged receipt, use, and concealment of proceeds, and the asserted SALN disparity, do not supply independent proof of accused Romualdez’s participation in the alleged conspiracy.”
Defense attorneys also argued that corporate and real estate records failed to establish beneficial ownership, link funds to an illegal source, or prove that Romualdez amassed at least ₱50 million—the statutory threshold required for a charge of plunder.
”Even considered cumulatively, the prosecution’s evidence does not establish proof evident or presumption great of accused Romualdez’s guilt; the evidence of his guilt is not strong,” the petition concluded.
In asking for court release, the 62-year-old lawmaker asserted that he poses no flight risk, highlighting his deep personal, family, medical, and professional ties in the country as the elected representative of Leyte’s first district.
”His ties to the jurisdiction are substantial and continuing. Accused Romualdez is sixty-two (62) years old, resides in the Philippines with his wife, and serves as the duly elected Representative of the First District of Leyte,” the petition stated. “His family, public office, medical care, and professional life are centered in this country.”
Romualdez remains in custody at the New Quezon City Jail in Payatas following his September 14 transfer.
He was initially served an arrest warrant at Cardinal Santos Medical Center in San Juan City on September 7, but was subsequently moved after an independent evaluation by the University of the Philippines-Philippine General Hospital determined he was clinically stable and no longer required hospital confinement.