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Sandigan junks P267-M ill-gotten wealth case vs. Marcos couple
The Sandiganbayan has dismissed another ill-gotten wealth case against the late President Ferdinand Marcos and his wife, Imelda.
In a decision promulgated October 14, 2019, the Sandiganbayan Fourth Decision dismissed Civil Case No. 0007 involving the forfeiture of an estimated P267 million ill-gotten wealth of the Marcoses through spouses Fe and Ignacio Gimenez due to insufficiency of evidence.
In dismissing the case, the anti-graft court granted the Gimenez’s couple’s demurrer to evidence or a motion challenging the prosecution’s evidence without presenting counter evidence in connection with the case that the Presidential Commission on Good Government (PCGG) filed in July 1987.
Civil Case 0007 alleged that:
- the Gimenez spouses acquired assets with a total value of P93,798,129.65 although declaring a total net income of only P955,273.71 from 1981 to 1985; that the Bautista Spouses also acquired assets grossly and manifestly disproportionate to their salaries or lawful income;
- Fe Gimenez and Vilma Bautista siphoned millions of dollars of government fund into several accounts in foreign countries; that they served as conduits of the Marcoses in the purchase of New York properties such as the Crown Building, the Lindenmere Estate, expensive works of art;
- the accused in this case acted as dummies of the Marcoses in several corporations; and
- the accused in this case obtained construction contracts via corporations organized by them (e.g., New City Builders Inc. [NCBI]) and thus undertook such projects as the construction of the University of Life Sports Complex and dining hall, and those for the National Manpower Corporation, Human Settlements Commission, GSIS, Maharlika Livelihood.
Likewise, the complaint also asserted that the defendants illegally acquired wealth, consisting, among others, of real property in various provinces, motor vehicles, money placements, bank deposits, shares of stock in a number of corporations namely:
1. Guaranteed Education Inc.
2. Acofe Mining Corporation
3. Baguio Gold Mining
4. Marinduque Mining and Industrial Corporation
5. The Energy Corporation
6. Basic Petroleum & Minerals, Inc.
7. Landoil Resources Corporation
8. Lepanto Consolidated Mining Company
9. Multi-National Resources
10. Oriental Petroleum & Minerals Corporation
11. Philippine Overseas and Telecommunication Corporation
12. Pioneer Naturala Resources
13. Sabena Mining Corporation
14. San Jose Oil Incorporated
15. White Eagle Overseas and Oil
16. Apex Mining Corporation
17. Atlas Consolildated Mining
18. Canlubang Golf and Country Club
19. J.B. Gimenez Securities, Inc.
20. New City Builders Inc.
21. Pyro Control Technology Corporation
22. Transnational Products Inc.
23. Allied Leasing and Finance Corporation
24. Allied Banking Corporation and
25. Manila Stock Exchange.
The court said the prosecution failed to submit original copies of documentary evidence.
"From the submission of mere photocopied documents, submission of unauthenticated private documents, submission of documents which are both photocopied and unauthenticated private documents, and finally, in failing to produce at the witness stand the affiants/declarants of the affidavits and declarations that it submitted in order to prevent the contents of the said documents from being treated as hearsay, it is apparent that the defects in the pieces of evidence that were presented by the Republic prevent it from successfully pursuing the present civil forfeiture case,” the Sandiganbayan said.
The anti-graft court also said some of the photocopied exhibits that were submitted by goverment are so poor in quality that the letters and numbers stated therein are already unreadable, making it impossible for the court to discern the points being sought to be established by the government.
"Consequently, even if the defects of these exhibits were disregarded, little or no probative value can be accorded to them," the Sandiganbayan added.
"Accordingly, the demurrer to evidence dated April 16, 2018 filed by defendant Ignacio B. Gimenez and the demurrer to evidence dated April 17, 2018 filed by defendant Fe Roa Gimenez are granted. Civil Case No. 0007 is hereby ordered dismissed for insufficiency of evidence," it added.
