Yesterday, the Supreme Court reversed a decision of former Ombudsman Aniano Desierto, who dismissed the case in 1997.
Accused with Enrile, Cojuangco and Lobregat are Rolando de la Cuesta, Jose Mendoza, Emmanuel Alameda, Hermenegildo Zayco, Amado Mamuric, Douglas Lu Ym, Jaime Gandiaga, Narciso Pineda, and Danilo Ursua.
The SC ruled that the Presidential Commission on Good Government filed the case within the prescriptive period.
"The Ombudsman is hereby directed to proceed with the preliminary investigation and exclude respondents Teodoro Regala and Jose Concepcion as defendants therein," read a part of the Supreme Court decision.
In a 12-page decision written by Justice Ma. Alicia Austria-Martinez, the SC also rejected the argument of the Ombudsman and Enrile that the PCGG was not represented by the Solicitor General when the case was filed.
"Even assuming that the PCGG has no authority to file the petition, its unauthorized filing was ratified, and the defect was cured, when the OSG signed as co-counsel for the Republic in its consolidated reply," read part of the decision.
The Supreme Court said the case "should be considered as timely filed" because the 1997 Rules of Civil Procedure has been overtaken by its administrative order of September 2000.
In November 1990, the PCGG charged Enrile and the 11 others before the Ombudsman for having allegedly "wasted" P700 million in coco levy funds to buy 16 oil mills in 1979, which were later mothballed.— Delon Porcalla