Sandiganbayan upholds junking of P102-B ill-gotten wealth case vs. Marcoses, cronies

The Sandiganbayan has denied the Philippine government’s appeal on the anti-graft court’s dismissal of P102 billion ill-gotten wealth case against ex- President Ferdinand Marcos and his wife Imelda Marcos, as well as their 11 other cronies due to the government’s failure to present new and compelling grounds.

In an eight-page decision dated February 13 but only released this week, the anti-graft court said the documentary and testimonial evidence presented by the Philippine government in connection with Civil Case 0034 do not prove that the cronies enjoyed a close association with the Marcoses similar to that of a dummy, agent, or nominee and that the Marcoses and their cronies unlawfully accumulated wealth by virtue of such close association or relation.

“The motion is bereft of merit. The mere fact that the remaining defendants had held key positions in the government during the term of then President Marcos does not lead to the conclusion that defendants took advantage of their positions and embarked upon devices, schemes and strategies to unjustly enrich themselves,” the anti-graft court said.

“Mere allegation and presentation of proof of the positions and/or affiliations of the remaining defendants do not suffice. It is equally important for the plaintiff to adduce preponderant evidence which would establish that the remaining defendants collaborated with their co-defendants in unlawfully accumulating wealth to the prejudice of the government,” the anti-graft court added.

The Sandiganbayan junked the P102 billion ill-gotten wealth case vs. the Marcoses and their cronies in August 2019 due to the failure of the Philippine government, represented by the Presidential Commission on Good Government (PCGG), 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.

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.

In rejecting the government’s appeal, the Sandiganbayan also cited that the anti-graft court admitted all the pieces of evidence offered by the government and considered them for determination of their probative value, and that the Court had to discard some documentary evidence for being incompetent and/or irrelevant.

“Considering therefore that no new and compelling grounds were presented, the present Motion bears no weight in calling for a reversal much less modification of the assailed,” the Sandiganbayan said.

“Wherefore, finding no cogent reason to modify, alter, much less reverse the Decision dated August 5, 2019 the instant Motion For Reconsideration (Re: Decision dated August 5, 2019) filed by the Republic of the Philippines is hereby denied,” the Sandiganbayan added.

The P102 billion ill-gotten wealth case is one of the five ill-gotten wealth cases that the Philippine government lost against the Marcoses in 2019. —NB, GMA News