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.

Void lease, stolen wealth cases

The dismissal of the Civil Case 0006 came just a month after the Supreme Court voided a lease contract over a property in Paoay, Ilocos Norte between Marcos Sr. and the Philippine Tourism Authority, saying the former president “had no legal claim of ownership over the [Paoay] properties whatsoever.”

“While the lessor does not need to be the owner of the property, they must possess an authority or a right to lease it… or at the very least, act as an agent of the owner, usufructuary, or lessee. Seeing as Marcos, Sr. had no authority over the property, either as owner or possessor, he likewise had no authority to enter into the 1978 Lease Contract,” the Supreme Court said.

The Supreme Court decision also said that the government has the right and obligation to recover the Paoay properties.

In December 2023, the Sandiganbayan allowed several documents as evidence in the ill-gotten wealth case  Marcos Sr., Imelda and their over 40 associates under Civil Case 0010. 

Civil Case 0010 alleges that the Marcos couple, Alfredo Romualdez, Jose Campos, Jr., and several other individuals accumulated P2.4 billion worth of ill-gotten wealth off the parcels of land belonging to the Bataan Shipyard and Engineering Company, Inc., and its subsidiaries Philippine Dockyard Corporation and BASECO Drydock & Construction Co., Inc. 

The admitted sets of evidence include:

• letters involving BASECO Corporate Secretary, Romualdez, among other individuals
• inventory of BASECO titled and contracts with NASSCO, EPZA and Government Service Insurance System
• technical descriptions of properties, certification by Batangas Provincial Assessor
• deed of transfer
• memos
• affidavits
• blank notice of waiver
• memorandum report, among others.

In August 2023, the Sandiganbayan denied the government prosecutors’ appeal on the June 2023 decision dismissing Civil Case 0014 against the Marcos couple due to lack of merit.  

Civil Case 0014 accuses Rebecco and Erlinda Panlilio, associates of the Marcos couple, of acting as dummies in the acquisition of several companies by securing financial assistance from state institutions on liberal terms for their interest.

Civil Case 0014 also alleges that the Marcoses and others accused "in unlawful concert and conspiracy with one another, acquired and accumulated with grave abuse of right and power at the expense" of the government."

The companies include the Ternate Development Corp., Monte Sol Development Corporation, Olas del Mar Development Corporation, Fantasia Filipina Resort, Inc., Sulo Dobbs, Inc., Philippine Village, Inc., Silahis International Hotel, Inc.,  Hotel Properties, Inc., Puerto Azul Beach and Country Club, and Philroad Construction Corporation.

The June 2023 decision upheld by the Sandiganbayan in August 2023 said that the government has no case against the Marcos couple and their associates since the Revised Rules of Evidence that took effect in 2020 recognizing duplicates of documents as admissible evidence cannot be applied in the Civil Case 0014 which was filed way back in 1987. 

But in May 2023, the Sandiganbayan denied the Motion for Reconsideration filed by Imelda Marcos and her daughter Irene Marcos-Araneta and affirmed its January 2023 Resolution denying the Marcoses bid to take back the wealth and properties seized from them by the government.

This case is under Civil Case 0002, which covers 22 properties and assets allegedly illegally acquired by the Marcos family during Marcos Sr.'s reign as president and already recovered by the Philippine government, transferred to third persons not included in the case, or became the subject of Court decisions and compromise agreements. —KBK, GMA Integrated News