SC orders Sandigan to try Imelda case

The Supreme Court directed the Sandiganbayan yesterday to continue with its trial of the P97.9 million malversation of public funds case filed against former First Lady Imelda Marcos and three others.

Chief Justice Hilario Davide Jr. and four other justices of the first division said the malversation case against Marcos, Jose Conrado Benitez, Gilbert Dulay and Rafael Zagala should proceed.

"The Court directs the Sandiganbayan to forthwith proceed with ... final disposition of the case, in accordance with the mandates of RA 8493 (Speedy Trial Law)," wrote Justice Bernardo Pardo, adding the anti-graft court should act within 10 days.

Marcos was former minister, Benitez former deputy minister, Dulay the assistant manager for finance, while Zagala was the assistant manager for regional operations of the Marcos-era Ministry of Human Settlements.

The four were sued by the government after they allegedly transferred to a private foundation and treated as confidential funds the P97 million budget of the ministry's Kilusang Sariling Sikap project. It was learned later on that they all benefited from the fund transfer.

In a seven-page decision, the high bench nonetheless reprimanded the anti-graft court for its "cavalier fashion" in denying the motion filed by the 70-year old Marcos and her colleagues to quash the charges.

"The Sandiganbayan erred in disregarding the plain provision of the Rules of Court and in cavalier fashion denied the motion. Nevertheless, the consistent doctrine ... is that from a denial of motion to quash, the appropriate remedy is for petitioner to go to trial," Pardo wrote.

He added that if an adverse decision is rendered, then the petitioner (Marcos and company) can appeal "in the manner authorized by law."

The Ombudsman, through Special Prosecutor Leonardo Tamayo, had earlier claimed Marcos cannot invoke as defense her alleged immunity from suit as this only "refers to official acts done pursuant to the specific orders of the President." --