Hold departure order vs Romualdez can be challenged, says lawyer

MANILA, Philippines — The precautionary hold departure order (HDO) against Leyte Rep. amd former House speaker Ferdinand Martin Romualdez can still be challenged as the Office of the Ombudsman made this bid without properly informing the lawmaker’s side, a lawyer said on Monday.

In a radio interview, transcripts of which were released to the media, lawyer Antonio Bucoy said that the precautionary HDO issued by the Sandiganbayan can be considered “ex parte” since Romualdez’s camp was not asked to comment — which meant that the anti-graft court made the decision based on information from the Office of the Ombudsman only.

“That can be reversed because this was ex parte.  Ex parte, meaning when the Ombudsman applied for the HDO, there was no notice to the other side.  They were the only ones who presented evidence as to why the Sandiganbayan should issue a precautionary HDO,” he said in Filipino.

According to Bucoy, Romualdez can oppose the motion by questioning whether there is probable cause to issue the precautionary HDO, since no complaint against the lawmaker has been filed before the Sandiganbayan — and no preliminary investigation has occurred as of now.

“You can say, first, that there is no probable cause.  Second, that it is so premature, so early, there is no preliminary investigation yet.  And then number three, I am not a flight risk, I would not escape,” Bucoy added.

Last Tuesday, there was confusion as to whether Romualdez can leave the country for a follow-up check-up after a previous angioplasty.

Ombudsman Jesus Crispin Remulla said that Romualdez was not allowed to fly to Singapore since they have endorsed a complaint to the Anti-Money Laundering Council (AMLC) — as part of a move to issue an asset freeze order against the former House leader.

But Romualdez’s side maintained that they only have to coordinate with proper authorities in compliance with the immigration lookout bulletin order, as no HDO has been issued during that time.

The former speaker’s office also showed photos of Romualdez’s letter-request asking Speaker Faustino Dy III for travel clearance, and the subsequent approval letter signed by House Secretary General Cheloy Garafil. 

Romualdez’s office, however, said the lawmaker has not left the country due to the Ombudsman’s statements.

READ: House OKs Romualdez’s Singapore trip for angioplasty follow-up check

Eventually, it was announced that Sandiganbayan’s Seventh Division has issued a precautionary HDO against Romualdez over pending complaints — raps that the Office of the Ombudsman has yet to file, but may include plunder, graft, indirect bribery, and money laundering.

The potential complaints are linked to Romualdez’s alleged role in the 2025 budget mess and the infrastructure corruption scandal.

READ: Court bars Romualdez from leaving PH

Freeze order

Similarly, Bucoy believes that the Court of Appeals (CA) decision to freeze Romualdez’s assets is not yet an indication of guilt, noting that this move is only meant to preserve any possible evidence.

“Not necessarily, because according to the Anti-Money Laundering Act, the purpose of a freeze order is to preserve the asset, to prevent concealment and to prevent dissipation,” Bucoy said.

“The mere issuance of a freeze order does not say that the public officer concerned is guilty.  Because the freeze order is directed towards the property or the account. It is not directed in persona — dun sa tao,” he added.

On Saturday, Remulla said the Court of Appeals (CA) ordered the freezing of Romualdez’s assets.

Romualdez has not been connected to any of the top companies linked to anomalous flood control projects, but he was one of the lawmakers named by the Discayas — contractor couple Pacifico “Curlee” Disacaya and Cezarah “Sarah” Discaya — who allegedly received kickbacks from the contracts awarded to them.

Romualdez and his allies have maintained that there is no strong evidence that would link Romualdez to the flood control mess, agreeing with different views that the Senate blue ribbon committee cannot act since there is no evidence or firm proof linking Romualdez to the flood-control controversy.

In a statement last Tuesday, Romualdez asked naysayers as to how he would become the mastermind of the supposed scheme when crafting the annual budget and implementation of projects does not rest on Congress alone.

Scrutiny of the flood control issue started after President Ferdinand Marcos Jr., in his fourth State of the Nation Address, condemned government officials and contractors accused of receiving kickbacks from flood control projects. /gsg