Raymundo ‘Ray’ Roquero, former director of the Philippine Charity Sweepstakes Office asked the Supreme Court Thursday to dismiss the plunder case filed against him by the Sandiganbayan.
Roquero was charged with former President Gloria Macapagal-Arroyo and eight others of plunder, an unbailable crime.
In his petition, Roquero also asked the highest court to issue a Temporary Restraining Order “to restrain further proceedings in the Sandiganbayan and invalidate/order the recall of the warrant of arrest” issued against him.
Roquero sought an oral argument, saying the case “involves constitutional issues and the life and liberty of the petitioner.”
He also prayed that his petition be heard by the SC en banc and “after due notice and hearing, judgment be rendered annulling and setting aside the Resolution dated Oct 3, 2012 issued by the Sandiganbayan (First Division) and commanding the Sandiganbayan to desist from further proceedings in the said Sandiganbayan Case”.
The petitioner claimed the First Division of the Sandiganbayan acted without or in excess of jurisdiction, or with Grave Abuse of Discretion amounting to lack or excess of jurisdiction, for violating Section 14, Article VII of the Constitution.
He added the Sandiganbayan failed to comply with the Constitutional requirement that says “No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and law on which it is based.”
According to Roquero, not all of the essential elements for the crime of plunder are present and that his participation in the alleged conspiracy has not been clearly established.
“There is no iota of evidence to prove that he actually amassed, accumulated or acquired ill-gotten wealth in the total amount of P50 million, which is the most important element of the crime of plunder,” the petition stated.
Roquero argued his only participation/overt acts in the alleged plunderous acts were his signing/approval of only three PCSO Board Resolutions during his incumbency as PCSO Board Director and nothing else.
“The Review Joint Resolution of the Office of the Ombudsman has miserably failed to specify or point to any independent evidence on record to prove conspiracy on the Petitioner’s part as a mode of incurring criminal liability,” he further said in his Petition.
Tags: Raymundo ‘Ray’ Roquero