SC orders late Marcos crony to pay P1 billion in damages over BNPP deal

The Supreme Court (SC) on Tuesday ordered the late businessman Herminio Disini, a crony of former President Ferdinand Marcos, to pay P1.01 billion in damages to the government over the Bataan Nuclear Power Plant (BNPP) project that was tainted with corruption.

Voting 12-0, the high court modified the 2012 ruling of the Sandiganbayan, which directed Disini to return $50.56 million in commissions that he got for helping Burns and Roe and Westinghouse Electrical Corp. secure the contracts for the project.

The justices said the Sandiganbayan’s order for Disini to return the $50.56 million lacked basis. Instead, the SC directed him to pay P1 billion in temperate damages and P1 million in exemplary damages, which shall earn an interest of 6% annually.

Chief Justice Alexander Gesmundo and Associate Justice Amy Lazaro Javier took no part in the deliberations of the case.

“The high court held that the Sandiganbayan erred in relying on a piece of photocopied document which was not substantiated as a secondary evidence, and which purportedly showed that Disini received US$50 million in commissions,” the SC Public Information Office said in a statement.

“Nonetheless, the totality of the testimonial and documentary evidence of the government proved that Disini had unduly enriched himself at the expense of the people and the Republic.”

It was alleged that Disini had used his ties to Marcos to request and receive commissions from Burns and Roe and Westinghouse. Disini, who died in 2014, was the husband of Imelda Marcos’ cousin.

The BNPP, which never produced a single watt, was mothballed in 1986 reportedly due to safety issues and corruption allegations.—LDF, GMA News