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Marcos’ burial at Libingan no bearing on pending cases —Ombudsman


Ombudsman Conchita Carpio Morales on Wednesday said the proposed burial of former Ferdinand Marcos Sr. at the Libingan ng mga Bayani will have no legal bearing on the pending civil and criminal cases against the late dictator's family and their alleged cronies.

“In light of the fact that only Imelda Romualdez Marcos is facing cases by the Office of the Ombudsman before the Sandiganbayan, I don’t think it has any bearing in the proposed burial of Former President [Marcos Sr.] in the Libingan ng mga Bayani,” Morales told the justices of the Supreme Court.

Morales was appearing as a resource person at the first day of the oral arguments before the SC on the consolidated petitions opposing the government’s plan to bury Marcos at the Libingan ng mga Bayani.

Morales said that Ombudsman is currently prosecuting the former First Lady, who is the incumbent Congress representative of Ilocos Norte, before the Sandiganbayan for 10 counts of graft in connection with alleged anomalous creation of several private foundations in Switzerland during Martial Law.

“This is a consolidated criminal cases your honor, violation of Section 3 (h) of the Anti-Graft and Corrupt Practices act. The cases were filed in the early 1990s and the prosecution has just rested its case,” Morales said.

Morales said the graft cases involved close to $360 million worth of public funds.

Filed in 1991, the graft cases stemmed from Mrs. Marcos’ alleged creation of several private foundations in Switzerland and held financial interests in private enterprises while she was a member of the Interim Batasang Pambansa from 1978 to 1984.

Government prosecutors argued that the former First Lady should be convicted of graft for violating Section 3 (h) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, which bars public officials having financial interests while he or she is occupying office.

Morales said these cases are apart from the civil forfeiture cases that the Presidential Commission on Good Government (PCGG) is handling against Mrs. Marcos her children, Ilocos Norter Gov. Imee Marcos, former senator Ferdinand “Bongbong” Marcos Jr. and Irene Marcos-Araneta as well as the alleged cronies of the Marcos family.

The PCGG is seeking the return to the government an estimated $10-billion worth of alleged ill-gotten wealth of the Marcoses, including their jewelry and painting collection and shares in various companies.

“As I said, given the fact that the cases pending now filed by the Office of the Ombudsman relates only to Imelda Marcos, I don’t think that would have any bearing on the issue of whether or not the former President should be buried in the Libingan ng mga Bayani,” Morales reiterated.

However, when asked by SC Associate Justice Marvic Leonen if Marcos Sr. would have been included in the cases if only he is still alive, Morales said: “Definitely”.

“I know this is a hypothetical question but if Ferdinand Marcos is still alive, would you think that your office would have included him as accused or co-conspirator?” Leonen asked.

“Definitely your honor. Because Imelda’s alleged intervention in financial transactions included the late President Marcos,” Morales replied.

“So, the only thing that saved him from prosecution and possible conviction or liability in the cases was the fact that he died?” Leonen asked further.

“Yes your honor , it extinguishes his criminal liability,” Morales said. —ALG, GMA News

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