DavaoPlus

Tuesday, 31 January 2023

[New post] Marcoses’ bid to retake surrendered, forfeited assets denied by Sandiganbayan

Site logo image Planet Philippines (Full Attribution Below) posted: " The Sandiganbayan has denied the motion of the Marcos family to take control anew of assets earlier forfeited in favor of the national government, surrendered by compromise agreements or considered frozen accounts. The resolution, promulgated on Januar" Planet Philippines UK

Marcoses' bid to retake surrendered, forfeited assets denied by Sandiganbayan

Planet Philippines (Full Attribution Below)

Feb 1

The Sandiganbayan has denied the motion of the Marcos family to take control anew of assets earlier forfeited in favor of the national government, surrendered by compromise agreements or considered frozen accounts.

The resolution, promulgated on January 25, 2023 by the Sandiganbayan Third Division, was in response to the Omnibus Motion filed on August 10, 2022 and in supplement to the Omnibus Motion filed on August 17, 2022 by former first lady Imelda Romualdez Marcos and her daughter Irene Marcos-Araneta.

The motion sought for the issuance of the writ of execution under the Revised Rules of Court on the properties denominated as frozen accounts, surrendered by virtue of compromise agreements, sequestered (but) not in the PCGG (Presidential Commission on Good Government) custody, and sequestered under the PCGG's control and supervision.

The antigraft court said it denied the plea for writ of execution of the Marcoses "for lack of merit." It also sought to "clarify" the status of some assets and properties pertinent to the case.

"(T)he Court dismissed the Third Amended Complaint with respect to the properties that 'have already been recovered by the government or transferred to third persons not involved herein.' or those which have been the subject of Court decisions and compromise agreements as the same were barred by res judicata under its second concept, i.e., conclusiveness of judgment and mootness. Thus, the Court can no longer rule on the said properties," the Sandiganbayan said.

"What remains to be determined, however, is the list of properties which are included in the dismissal of the Third Amended Complaint for failure of the plaintiff to prove its allegations by preponderance of evidence," it added.

GMA News Online has sought comment from Malaca?ang and from the office of Senator Imee Marcos but has yet to receive a reply as of posting time.

Subject to the finality of the decision, the court, meanwhile lifted the sequestration orders earlier issued on at least 14 properties. It also recognized the properties without sequestration orders and those that remain under the full control and supervision of the defendants.

The ruling was penned by Associate Justice Michael Frederick Musngi with the concurrence of Associate Justices Maria Theresa Mendoza-Arcega and Maryann Corpus-Manalac.

In their motion, the Marcoses asked for a writ of execution of their assets "considering that there was allegedly no evidence that this trust account was ill-gotten."

Citing a Court of Appeals ruling, they maintained that "they have a good and valid reason for execution on the ground that the case was decided only after more than three decades and as a consequence, the defendants have suffered greatly, mentally and emotionally, and the dissipation of seized properties causing unjust and unreasonable deprivation of their proprietary rights."

They also said that they did not give consent with respect to the compromise agreements on the surrendered assets.

"As to the sequestered assets, the defendants maintain that the PCGG only exercises powers of administration over the properties and never acquired ownership of the same. They allege that the PCGG has not offered an explanation on why some of the sequestered properties are not in their custody," the resolution said.

In response, the antigraft court said that while the appeal was "timely in the instant case," the prayer for the issuance of a writ of execution "cannot prosper as the judgment or order that disposes of the action is not yet final."

"The fact that more than three decades have passed before the said case was decided is not a good reason considering that numerous factors have contributed to said length of period, which even includes the acquisition of jurisdiction over the defendants on different dates, the inclusion of additional defendants after the admission of the Second and Third Amended Complaints, and the filing of numerous motions and petitions, among others. The defendants also offered no proof or reason how the properties subject of this case are being dissipated," the Sandiganbayan said. --LDF/NB/KG, GMA Integrated News

Comment

Unsubscribe to no longer receive posts from Planet Philippines UK.
Change your email settings at manage subscriptions.

Trouble clicking? Copy and paste this URL into your browser:
https://www.planetphilippinesuk.com/marcoses-bid-to-retake-surrendered-forfeited-assets-denied-by-sandiganbayan/

Powered by Jetpack
Download on the App Store Get it on Google Play
at January 31, 2023
Email ThisBlogThis!Share to XShare to FacebookShare to Pinterest

No comments:

Post a Comment

Newer Post Older Post Home
Subscribe to: Post Comments (Atom)

Curated Articles For Today! - Planet Philippines UK

Read our latest blogs (curated for you) ...

  • [New post] DOH urges public to be aware of risks, to know when not to mask
    Plane...
  • [New post] Drimz – Rudo (Official Music Video)
    Yoi 没...
  • [New post] Shisen Hanten @ Orchard
    live2...

Search This Blog

  • Home

About Me

DavaoPlus
View my complete profile

Report Abuse

Blog Archive

  • June 2025 (2)
  • May 2025 (25)
  • April 2025 (24)
  • March 2025 (28)
  • February 2025 (28)
  • January 2025 (31)
  • December 2024 (31)
  • November 2024 (31)
  • October 2024 (29)
  • September 2024 (725)
  • August 2024 (914)
  • July 2024 (1005)
  • June 2024 (921)
  • May 2024 (951)
  • April 2024 (1006)
  • March 2024 (1086)
  • February 2024 (1104)
  • January 2024 (1023)
  • December 2023 (872)
  • November 2023 (693)
  • October 2023 (684)
  • September 2023 (675)
  • August 2023 (712)
  • July 2023 (680)
  • June 2023 (501)
  • May 2023 (510)
  • April 2023 (470)
  • March 2023 (633)
  • February 2023 (606)
  • January 2023 (628)
  • December 2022 (664)
  • November 2022 (541)
  • October 2022 (564)
  • September 2022 (474)
  • August 2022 (450)
  • July 2022 (526)
  • June 2022 (427)
  • May 2022 (470)
  • April 2022 (487)
  • March 2022 (448)
  • February 2022 (377)
  • January 2022 (474)
  • December 2021 (827)
  • November 2021 (2395)
  • October 2021 (2399)
  • September 2021 (2768)
  • August 2021 (3157)
  • July 2021 (3138)
  • June 2021 (579)
Powered by Blogger.