Sandigan Junks P276-Million Wealth Forfeiture Case Versus Marcoses
The Presidential Commission on Good Government filed the forfeiture case on July 21, 1987, seeking to recover P276 million worth of properties allegedly illegally acquired by the Marcos spouses during martial law.
A P276-million wealth forfeiture case against Imelda Marcos and her late husband, dictator Ferdinand Marcos Sr., has been dismissed by the Sandiganbayan.
The anti-graft court cited the “inordinate delay” in pursuing the case on the part of the Presidential Commission on Good Government (PCGG).
Defendants “can no longer be afforded a fair trial” as most of their potential witnesses may have died and their documentary evidence “may no longer be located” due to the 37-year pendency of the case since it was filed in 1987, the court said.
“Considering that the extant living defendant is 95 years old, her ability to testify and recall the events has assuredly declined, as has her health,” the court’s Second Division said, referring to Imelda.
President Marcos, Sen. Imee Marcos and Irene Marcos-Araneta cannot competently testify on the matter as they were minors during the supposed illegal transactions involving the Pinugay Estate around 53 years ago, the court said.
“This would give the defendants difficulty in finding testimonial and documentary evidence to prove their defense, considering the time that has elapsed,” the 30-page resolution promulgated on Oct. 4 noted.
The PCGG filed the forfeiture case on July 21, 1987, seeking to recover P276 million worth of properties allegedly illegally acquired by the Marcos spouses during martial law.
Among the properties the PCGG sought to be sequestered and awarded to the government were a parcel of land and six condominium units in California, two lots and two condominium units in Baguio City, a residential building in Makati and a residential lot in Manila.
Represented in court by the Office of the Solicitor General, the PCGG alleged that Marcos Sr. used his crony, the late Roman Cruz Jr., as his dummy in acquiring the Pinugay Estate in Tanay, Rizal from the Government Service Insurance System.
The PCGG’s “lack of diligence” in handling the case led to the “inordinate delay” in proceedings, the court said.
Associate Justice Geraldine Faith Econg penned the resolution, with the concurrence of Associate Justices Edgardo Caldona and Arthur Malabaguio.
The PCGG in 1987 filed 43 civil forfeiture cases against the Marcoses and their cronies, a year after Marcos Sr.’s ouster through a revolution.
To date, more than a dozen cases remain pending in various divisions of the Sandiganbayan and more than 20 have been dismissed.
Among those dismissed due to “insufficiency of evidence” were cases that sought to recover ill-gotten wealth amounting to P200 billion, P267.371 million, P1.052 billion and P102 billion.
Forfeiture cases that had a ruling in favor of the government include the P83-billion assets acquired through the Coconut Industry Investment Fund, the Marcos family’s jewelry collection valued at $110,055 to $153,089, artworks worth $24.325 million and shares of stocks in three corporations – Eastern Telecommunications Philippines Inc., Polygon Investors and Managers Inc. and Aerocom Investors and Managers Inc.
