Sandiganbayan junks P276-M ill-gotten wealth case vs Marcos family, associate

The Sandiganbayan has dismissed the P276-million ill-gotten wealth case against the late President Ferdinand Marcos Sr., his widow former First Lady Imelda Marcos, and their associate Roman Cruz due to inordinate delay.

The case under Civil Case 0006, which identifies Imelda and his son, President Ferdinand "Bongbong" Marcos Jr. as estate executors for Marcos Sr., accuses Cruz of purchasing, in connivance with the Marcoses, assets whose values are disproportionate to their legal income.

These assets include two residential lots and two condominium units in Baguio City; a residential building in Makati; a parcel of land and six condominium units in California, United States; and a residential land in Metro Manila.

In a 30-page resolution, the anti-graft court said state prosecutors did not oppose the Marcoses' motion to dismiss the 37-year-old case due to inordinate delay and violation of due process.

"It did not oppose the move of the defendants to dismiss the case. In fact, the plaintiff tends to agree with the dismissal of the case when it emphasized that there are no more allegations against the estate of Marcos," the Sandiganbayan said.

Cruz was then-president and general manager of the Government Service Insurance System (GSIS); president of the Philippine Airlines (PAL); chairman and president of the Hotel Enterprises of the Philippines, Inc., owner of Hyatt Regency Manila; chairman and president of Manila Hotel Corporation; and chairman of the Commercial Bank of Manila (CBM.)

The Sandiganbayan said that the burden is not upon the Marcoses to ensure that the wheels of justice continue to turn or to expedite the pre-trial and start the trial within the bounds of reasonable timeliness.

"It is unquestionable that the defendants have already been prejudiced by the inordinate delay. The fact that the case was filed against the defendants and pending before this Court where they are made to defend themselves, secure services of paid counsel, and spend for their bail is enough trouble and prejudice to them," the Sandiganbayan said. 

"They can no longer be afforded a fair trial since the witnesses may have already died and the documentary evidence may no longer be located after more than 30 years from the filing of the complaint," it added.

Referring to Imelda, the court also said, "Considering that the extant living defendant is 95 years old, her ability to testily and recall the events has assuredly declined, as has her health."

"Wherefore in view of the foregoing, the Motion to Dismiss filed by defendants Imelda R. Marcos and the Estate of Ferdinand E. Marcos dated July 16, 2024 is hereby granted and the instant case is hereby dismissed as against them," the Sandigabayan ruled. —KBK, GMA Integrated News