SC tells PCGG to substantiate alleged Marcos links in multi-billion graft case

The Supreme Court on Monday directed the Presidential Commission on Good Government (PCGG) to substantiate its claims of conspiracy between the Marcos family and alleged crony Roman Cruz over a multi-billion graft case. Cruz was a former president of the flag carrier Philippine Airlines and the Government Service Insurance System (GSIS). He was also the chairman and president of Hotel Enterprises of the Philippines, Inc., of Manila Hotel Corporation and Commercial Bank of Manila. In an 18-page decision penned by Senior Associate Justice Leonardo Quisumbing, the SC's Second Division upheld both the May 28, 1999 decision and the January 31, 2000 resolution of the Sandiganbayan granting the motion for a bill of particulars filed by Ferdinand "Bongbong" Marcos, Jr on behalf of the late strongman. The SC held that the Sandiganbayan did not err when it granted the motion for bill of particulars filed by the Marcoses, saying the alleged conspiracy between the late President and Cruz were not clearly substantiated by the PCGG in its complaint and were "obviously couched in general terms." Marcos Jr had earlier branded PCGG’s allegations as "mere conclusions of law, too vague and general to enable defendants to intelligently answer." "They do not cite the ultimate facts to show how the Marcoses acted 'in unlawful concern' with Cruz in illegally amassing assets, property and funds in amounts disproportionate to Cruz's lawful income, except that the former President was the president at the time," the Court said. The high court said the anti-graft court, in coming out with the assailed rulings, have in effect lifted the default order against them. "Given the existence of the default order then, what is the legal effect of the granting of the motions to file a responsive pleading and bill of particulars? In our view, the effect is that the default order against the former president is deemed lifted," the Court ruled. Assailed in the PCGG petition was the Sandiganbayan's rulings directing the PCGG to amend its complaint by stating the fact which indicate the nature, manner, period and extent of participation of the Marcos in alleged illegal acts committed by Cruz. The controversy stemmed from the complaint filed by the Office of the Solicitor General on July 21, 1987 seeking the reconveyance, reversion, accounting, restitution and damages against Cruz and the Marcoses. The complaint alleged that Cruz and the Marcoses stole public assets and invested them in several institutions here and abroad. These properties include two residential lots and two condominiums in Baguio City, a residential building in Makati, a parcel of land and six condominiums units in California, USA and a residential land in Metro Manila. The PCGG also pushed for the payment of moral damages of P50 billion and exemplary damages of P1 billion. The sequestration body however opposed the request as the bills of particulars were evidentiary matters and that it was only intended to further delay the proceedings of the case. It argued that if the Sandiganbayan's resolution will be enforced, the people will suffer irreparable damage because it will be obliged to prematurely divulge its evidence against the Marcoses without due proceedings. The PCGG further noted that the default order issued by the Sandiganbayan on April 6, 1989 against the Marcoes is still in effect. It can be recalled that the anti-graft court declared the Marcoses in default after in failed to answer to the summons sent by on November 18, 1988 during their exile in Makiki Heights, Honolulu, Hawaii. But, the Marcoses countered that the May 28, 1999 order of the Sandiganbayan allowing them to file their reply to the complaint has effectively lifted the default order. - GMANews.TV