Sandiganbayan junks ill-gotten wealth case vs Yap, Velasco, Bermudez

The Sandiganbayan has dismissed an ill-gotten wealth case filed by the government against late Manila Bulletin chairperson Emilio Yap, former energy minister Geronimo Velasco, and former Jai Alai Corporation director Olympic Bermudez.

Yap, Velasco, and Bermudez were accused of having acted as "dummies, nominees, agents, incorporators, directors, board members, and/or stockholders of corporations beneficially held and/or controlled" by the late President Ferdinand Marcos Sr., former First Lady Imelda Marcos, and her brother, former Tacloban City mayor Alfredo T. Romualdez.

In an 18-page resolution, the anti-graft court's Fourth Division granted the demurrer to evidence separately filed by Bermudez, the heirs of Velasco, and the joint administrators of Yap's estate "for failure of the plaintiff to prove its allegations by preponderance of evidence."

Promulgated on Feb. 23, the resolution was signed by Associate Justice Michael Frederick Musngi who chairs the Fourth Division, and Associate Justices Lorifel Pahimna and Maria Theresa Mendoza-Arcega who both concurred with Musngi.

The resolution referred to the alleged roles of Yap, Bermudez, and Velasco in the acquisition of shares in the Bataan Shipyard and Engineering Company Inc. (Baseco), the Philippine Jai Alai and Amusement Corporation (PJAC), the Manila International Ports Terminal Inc. (MIPTI), and the Philippine Dockyard Corporation (PDC).

Documentary evidence presented by the plaintiff, the tribunal said, were "manifestly insufficient to prove allegations" in the Amended Complaint that would show that the three "conspired with Romualdez and spouses Marcos to obtain ill-gotten wealth."

"None of these exhibits prove the actual participation of defendants Bermudez, Velasco, and Yap in the alleged acquisition of defendant Romualdez of a majority share in Baseco, MIPTI, PJAC, and PDC (Philippine Dockyard Corporation)," the resolution read.

The resolution noted that the two witnesses presented by the plaintiff, Maria Lourdes Magno and Antonio Rolante Eduarte, were "mere records custodians" of the Presidential Commission on Good Government (PCGG) and Baseco, respectively, who have "no personal knowledge" about the contents, preparation, execution, and issuance of the documents.

The tribunal denied admission of most of the documentary evidence filed by the government for being photocopies, thus failing to comply with the Original Document Rule.

"Witness Magno stated that photocopies were turned over to her by her predecessors without even accounting for the non-profuciton of the original documents. The Supreme Court held that secondary evidence is only admitted when the original cannot be produced by the party who offers the evidence within a reasonable time and with exercise of reasonable diligence," the Sandiganbayan said.

It added, "Clearly, their testimonies are insufficient to prove the charges in the Amended Complaint." — VDV, GMA Integrated News