Gov’t loses forfeiture case vs former DPWH exec

MANILA, Philippines - After five years of court battles, former Public Works undersecretary Salvador A. Pleyto found vindication when the Sandiganbayan junked a government petition for forfeiture of his family's assets worth about some P16.69 million. Pleyto, who was dismissed from government service, was one of several who were said to have failed a "lifestyle check" of the Arroyo government, was indicted for allegedly amassing ill-gotten wealth. His wife and children were also accused of helping him conceal his loot. But all that is past. In a 31-page resolution promulgated on Sept 4, the Sandiganbayan's Second Division dismissed Civil Case No. 0194, a petition for the forfeiture of some P16.69 million assets of the Pleyto family in favor of the State. The ruling was penned by Associate Justice and division chairman Edilberto G. Sandoval. In it, the court ruled that the defendants were able to establish by voluminous evidence that they were able to acquire all their properties in a legitimate manner and that they had the means to undertake numerous travels abroad which the Office of the Ombudsman questioned in its complaint. Associate Justices Teresita V. Diaz-Baldos and Samuel R. Martires concurred with Sandoval’s findings that the Ombudsman allegations of the Pleyto’s acquisition of unexplained wealth ‘has definitely no leg to stand on’. “There is absolutely no room by which the present forfeiture proceedings can possibly prosper. Wherefore, finding meritorious the plea for the dismissal of the case, the Court hereby resolves to grant the same," the graft court declared. Pleyto’s co-defendants in the case were his wife, Miguela, and children Salvador Jr., Mary Grace and Russel. The Sandiganbayan ruling cited the November 23, 2007 Supreme Court decision which reversed Pleyto’s dismissal from his former position as DPWH undersecretary. “While (the Supreme Court case) was essentially an administrative proceedings, it must be taken note of that what was squarely brought up, and decidedly passed upon was the issue of the alleged unexplained wealth of respondent Salvador Pleyto and the members of his family. The findings of the Highest Court of the land are clear and unambiguous, the imprimatur for dismissal must have an ex-cathedra pronouncement," the Sandiganbayan noted. The original complaint against the Pleytos was filed on July 28, 2003 by PNP-Criminal Investigation and Detection Group (CIDG) through its former director, Eduardo Matillano. In it, government accused the defendants of amassing unexplained assets and taking numerous foreign trips that they supposedly could not afford. Among the properties questioned were 24 residential lots and two commercial buildings, all located in Sta. Maria, Bulacan. Investigators also alleged that Pleyto went on nine ‘unofficial’ foreign trips between 1995 and 2003 while his wife made 17 trips abroad over the same period. However, the courts - the Sandiganbayan and the Supreme Court - pointed out that the CIDG and the Ombudsman had assessed the questioned properties based on their present day values. The correct assessment, the courts said, should have been the based on the acquisition costs of the lots and buildings as the assets were acquired by the family over a 22-year span. “The supporting documents for the transactions by which petitioner (Pleyto) and his wife acquired their real properties appear to be in order. Notably, the PNP-CIDG and the Office of the Ombudsman did not challenge the validity or authenticity of any of these documentary evidence," the Sandiganbayan said, quoting the SC ruling. In addition, the court upheld defendants’ arguments that government lawyers failed to take into account their individual sources of income. The couple presented business records for their piggery and poultry farms, pawnshop and lending-invesment firm. Of the children, Mary Grace and Russel also submitted documentary evidence of their own business enterprises while Salvador Jr. showed proof of his employment in the family’s pawnshop and lending company. - GMANews.TV