THE Supreme Court (SC) has upheld the Sandiganbayan’s decision to dismiss the ill-gotten wealth case brought by the Presidential Commission on Good Government (PCGG) against the estate of former president Ferdinand Marcos Sr. and several others including business tycoon Lucio Tan.
In a 62-page ruling, the SC en banc stressed that the presented evidence failed to prove the alleged illegal acquisition of assets and properties outlined in the complaint.
The SC denied the Republic of the Philippines’ petition for review on certiorari, stating, “Consequently, the petition for review on certiorari of the Republic of the Philippines is denied for lack of merit.”
The Marcos estate was represented by former First Lady Imelda Marcos, current President Ferdinand Bongbong Marcos Jr., and daughters Sen. Imee Marcos-Manotoc and Irene Araneta.
The ill-gotten wealth case revolves around Tan’s companies, to which Marcos and respondent Imelda purportedly granted concessions, or hold interests and beneficial ownership.
These entities include Shareholdings, Inc., Asia Brewery, Allied Bank, Fortune Tobacco, Maranaw Hotels, Virginia Tobacco Redrying Plant, Northern Tobacco Redrying Plant, Foremost Farms, Sipalay Trading, Himmel Industries, Grandspan Development Corp. (Grandspan), Basic Holdings Corp, Progressive Farms, Inc., Manufacturing Services and Trade Corp., Allied Leasing & Finance Corp., Jewel Holdings, Inc., Iris Holdings and Development Corp., and Virgo Holdings and Development Corp.
Affirming the Sandiganbayan’s June 2012 decision and September 2012 resolution, the high court dismissed the PCGG’s second amended complaint for reversion, reconveyance, restitution, accounting, and damages.
In 2012, the Sandiganbayan justified its dismissal, asserting that the Republic failed to prove the ill-gotten wealth origin, stressing a lack of evidence indicating government sources.
The SC concurred and ruled, “It appears, however, that none of the pieces of evidence relied upon by the Republic was successful in establishing the manner by which respondents allegedly acquired ill-gotten wealth. It was not shown, through these pieces of evidence, if and how respondents took undue advantage of their office, authority, influence, connections, or relationship.”
The comprehensive definition of ill-gotten wealth was applied, but the evidence relied upon by the Republic failed to establish all its elements, with some pieces even of doubtful admissibility.
The SC also upheld the Sandiganbayan’s resolution from December 22, 2010, dismissing the ill-gotten wealth case against respondents Don Ferry and Cesar Zalamea related to the anomalous Sipalay deal.
Furthermore, the SC dismissed the PCGG’s petition seeking to reverse the Sandiganbayan’s resolutions from July 8 and August 23, 2011, denying the admission of a third amended complaint.
This complaint aimed to include Philip Morris, Fortune Tobacco, and several other individuals as respondents, alleging fraudulent transfer of substantial capital and assets from respondents Fortune Tobacco and Northern Tobacco to PMFTC.
