![]() ![]() ![]() Marcos, facilitated and made possible the withdrawals, disbursements and questionable use of government funds 6 and (5) he acted as dummy, nomin ee and/or agent by allowi ng himsel f to be used as instrume nt in accu mula ting ill- gotte n wea lth through government concessions, orders and/or policies prejudicial to plaintiff, or to be incorporator, director, or member of corporations beneficially held and/or controlled by defendants Ferdinand E. 0035 on the theory that: (1) he acted in unlawful concert with the principal defendants in the misappropriation and theft of public funds, plunder of the nation's wealth, extortion, blackmail, bribery, embezzlement and other acts of corruption, betrayal of public trust and brazen abuse of power 3 (2) he acted as dummy, nominee or agent, by allowing himself to be incorporator, director, board member and/or stock holder of corporations beneficia lly held and/or controlled by the principal defenda nts 4 (3) he acted singly or collectively, and/or in unlawful concert with one another, in flagrant breach of public trust and of their fiduciary obligations as public officers, with gross and scandalous abuse of right and power and in brazen violation of the Constitution and laws of the Philippine s, embarked upon a systematic plan to accumula te ill- gotten wealth 5 (4) he (petitioner) taking undue advantage of his position as Chairman of the Commission on Audit and with grave failure to perform his constitutional duties as such Chairman, acting in concert with defendants Ferdinand E. was included as defendant in Civil Case No. 0035 are Benjamin (Kokoy) Romualdez, Ferdinand E. Benj amin (Kokoy) Romuald ez, et al." for reconveyance, r eversion, accounting, restitution and damages.2 The principal defendan ts in the said Civil Case No. 0035, enti tled "Republ ic of the Philipp ines vs. Benjamin (Kokoy) Romualdez, et al." pending before it.1 The antecedents are as follows: On 31 July 1987, the Republic of the Philippines, represented by the PCGG, and assisted by the Office of the Solicitor General, filed with the Sand iga nbay an Civi l Case No. 0035 (PCGG' 35), entitleld "Republic of the Philippines vs. As prayed for, this Court issued on 1 August 1989 a temporary restraining order "effective immediately and continuing until further orders from this Court, ordering the respondent Sandiganbayan to CEASE and DESIST from further proceeding in Civil Case No. 0035 should they fail to submit the said bill of particulars and to enjoin the respondent Sandiganbayan from further proceeding against petitioner until the bill of particulars is submitted, claiming that the respondent Sandiganbayan acted with grave abuse of discretion amounting to lack of jurisdiction in promulgating the aforesaid resolutions and that there is no appeal, nor any plain, speedy and adequate remedy for him in the ordinary course of law other than the present petition. ![]() ![]() PADILLA, J.: In this petition for certiorari, mandamus and prohibition with a prayer for the issuance of a writ of preliminary injunction and/or restraining order, the petitioner seeks to annul and set aside the resolution of the Sandiganbayan, dated 21 April 1989, denying his motion for a bill of particulars as well as its resolution, dated, which denied his motion for reconsideration to compel the respondent PCGG to prepare and file a bill of particulars, or that said respondent be ordered to exclude petitioner as defendant in Civil Case No. The facts are stated in the opinion of the Court. EN BANC PETITION for certiorari, mandamus and prohibition to review the resolution of the Sandiganbayan. CAPARAS, AND THE SANDIGANBAYAN, respondents. REPUBLIC OF THE PHILIPPINES, PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, MATEO A. ![]()
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