Sandiganbayan allows gov’t to appeal junking of P102-B ill-gotten wealth case vs. Marcoses, cronies

The Sandiganbayan has allowed the Philippine government to appeal the junking of the P102 billion ill-gotten wealth case against former President Ferdinand Marcos and his wife, former First Lady Imelda Marcos, as well as their 11 other cronies, saying that it is accordance to due process.

In a five-page decision dated November 6, the Sandiganbayan Second Division granted government prosecutors’ motion for reconsideration on the anti-graft court’s September 13 decision disallowing the government’s appeal due to the state’s failure to provide notice of hearing—a violation of Rules of Court.

The Sandiganbayan cited the Supreme Court ruling on Marylou Cabrera vs. Felix Ng which states that the notice of hearing requirement is not a hard and fast rule and may be relaxed as long as the parties are given the opportunity to be heard.

“It is undisputed that the Motion For Reconsideration (Re: Decision dated August 5, 2019) was laden with procedural defects for failure to comply with the requirements of Rule 15. Although the inadvertence of the plaintiff's counsel is not a compelling or sufficient reason to relax the rule, the Court is of the view that the defendants' right to due process will not be impinged should the Court act on the earlier motion as they will still be given an opportunity to study and meet the arguments therein for full review and appreciation by the Court,” the Sandiganbayan pointed out out.

In addition, the anti-graft court ruled that the government’s motion for reconsideration on the anti-graft court’s September decision disallowing the filing of the motion for reconsideration cannot be considered as a second motion for reconsideration as it “does not assail the Decision dated August 5, 2019 [junking the case] but seeks the reversal of the Resolution dated September 13, 2019.”

“Wherefore, premises considered, the motion for reconsideration (Re: Resolution dated September 13, 2019) filed by the Republic of the Philippines is hereby granted. The Resolution dated September 13, 2019 is hereby reversed and set aside, and plaintiff’s motion for reconsideration (Re: Decision dated August 5, 2019) is given due course,” the anti-graft court said.

“Accordingly, the defendants are given 10 days to file an opposition to the motion for reconsideration (Re: Decision dated August 5, 2019),” the anti-graft court added.

In August, the Sandiganbayan dismissed the P102 billion ill-gotten wealth case against the Marcoses under Civil Case 0034 dated because 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 on 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.

The anti-graft court also noted that it was confronted with certified photocopies of documentary exhibits allegedly on file in the PCGG library instead of being presented with original copies. — RSJ, GMA News