Sandiganbayan denies Romualdez associate’s bid to rejoin wealth case

THE anti-graft court has blocked a long-time associate of the late Benjamin “Kokoy” T. Romualdez from re-entering a multibillion-peso ill-gotten wealth case, ruling that she failed to follow the mandatory legal procedures for lifting a default order.

Rosario S. Baldovino, an alleged nominee or “dummy” for Mr. Romualdez in the Philippine Journalists, Inc., was previously barred from participating in the trial for failing to answer the government’s decade-old lawsuit regarding the recovery of unexplained assets. The case involves the estate of the late Mr. Romualdez, brother of former First Lady Imelda R. Marcos and father of Leyte Rep. Ferdinand Martin G. Romualdez.

In a seven-page resolution dated May 4, the Sandiganbayan Sixth Division ruled that Ms. Baldovino’s request was procedurally flawed because it was not sworn under oath and lacked the required affidavit of merit explaining her defense.

Under the Rules of Court, a motion to lift a default order must be made under oath by someone with knowledge of the facts and must demonstrate that the failure to file an answer was due to fraud, accident, mistake, or excusable negligence. The tribunal said that her arguments regarding her nearly four-decade stay abroad and the complexity of the case do not constitute excusable negligence within the contemplation of law.

“Accordingly, defendant Baldovino’s Motion, with respect to her motion to set aside or lift the order of default, is hereby denied for lack of merit and for failure to comply with the requisites for lifting or setting aside an order of default,” the resolution read, penned by Associate Justice Sarah Jane T. Fernandez.

While the default order remains in effect, the court noted that her separate motion to dismiss the complaint on the grounds of inordinate delay will be addressed in a future resolution. — Erika Mae P. Sinaking