SC junks 6 cases vs. late Danding Cojuangco

The Supreme Court has dismissed six civil cases against late business tycoon Eduardo “Danding” Cojuangco Jr. for violation of his constitutional rights to due process and speedy disposition of cases.

In a 28-page decision, the Supreme Court Third Division issued a writ of prohibition enjoining the Sandiganbayan from taking further proceedings in the cases.

According to the SC, a civil case was filed against Cojuangco in 1987, which was subdivided into eight complaints in 1995. Cojuangco filed his answer in 1999.

Pre-trial hearings for Civil Case Nos. 0033-C, 0033-D, and 0033-E commenced and were essentially terminated in 2000.

Meanwhile, pre-trial hearings for Civil Case No. 0033-B and 0033-H  were halted in 2001 and the pre-trial hearing for Civil Case No. 0033-G was suspended in 2003.

Nearly two decades later, Cojuangco, in 2018, pointed out that the Sandiganbayan has not concluded the pre-trials of three cases and did not exert any effort to require the petitioner to make an initial presentation of his evidence.

In total, the cases have been pending for 32 years.

“Absent any justifiable excuse, these incidents in the Sandiganbayan proceedings depict more than a perfect picture of an inordinate delay which is violative of one’s right to speedy disposition of cases,” the decision read.

The Supreme Court said that the delay had placed Cojuangco at a disadvantage.

“At this point, the Court recognizes that the inaction of the Sandiganbayan for more than 30 years has placed the petitioner at a disadvantage in fully preparing and presenting his case,” it said.

“In fact, he has passed away before the petition is resolved. That he is not in a position to defend himself now or that his defense has been greatly prejudiced by the delay or passage of time is very obvious,” it added.

Cojuangco passed away at 85 years old in June 2020. —KBK, GMA News