Sandigan junks P102-B forfeiture case vs. Marcoses, cronies

The Sandiganbayan has junked a P102-billion forfeiture case against the late President Ferdinand Marcos and his wife, former First Lady Imelda Marcos, as well as 11 of their cronies due to insufficient evidence.

In a 67-page ruling on Civil Case 0034 dated August 5, the Sandiganbayan Second Division said the plaintiff—in this case the Presidential Commission on Good Government (PCGG), the government agency in charge of recovering the Marcoses’ ill-gotten wealth—failed to present evidence that the Marcos couple did the following:

• participated in extending loan accommodation to Aklan Bulk Carriers, Inc., Fuga Bulk Carriers, Inc., Coron Bulk Carriers, Inc., and Ecija Bulk Carriers, Inc.;
• appropriated revenues derived from the operations of RPN-9, IBC-13 and BBC-2 for their own benefit and unjust enrichment and income;
• allowed their 11 other co-accused to hold and launder purloined funds for and in their behalf prior to remittance and credit to their overseas or foreign accounts; and
• participated in the establishment of the California Overseas Bank.

"It saddens the Court that it took more than 30 years before this case is submitted for decision and yet, the prosecution failed to present sufficient evidence to sustain any of the causes of action against the remaining defendants," the anti-graft court said in its ruling.

"It is settled that in civil cases, the party making allegations has the burden of proving them by a preponderance of evidence. In addition, the parties must rely on the strength of their own evidence, not upon the weakness of the defense offered by their opponent," it added. 

The anti graft court also noted that it was confronted with certified xerox copies of documentary exhibits allegedly on file in the PCGG library instead of being presented with original copies.

“Documents gathered by the PCGG in the course of its investigations does not make such documents per se public records exempt from the applicability of the best evidence rule. In view of the purposes for which Exhibits 'I', 'J', 'L' and 'L-1' were being offered, it is incumbent upon the plaintiff to present the original copies of such documents,” the anti-graft court said.

“It cannot also be said that these exhibits were presented as secondary evidence as even the records custodian of the PCGG testified that what is on file in the PCGG library are also photocopies,” the decision added.

The Sandiganbayan also said the PCGG failed to illustrate how the other defendants acted as dummies of Mrs. Marcos in acquiring ill-gotten wealth.

"Wherefore, premises considered, for failure of the plaintiff to prove by preponderance of evidence any of the causes of action against defendants Ferdinand E. Marcos, Imelda Marcos, Rafael Sison, Placido Mapa, Jr., Don M. Ferry, Jose R. Tengco, Jr., Ramon Monzon, Generosa C. Olazo, Cynthia Cheong, Ma. Luisa E. Nograles, Leopoldo Vergara, Jose L. Africa and Rodolfo Arambulo, the case against them is hereby dismissed,” the Sandiganbayan said. —KBK, GMA News