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Dismissal of coco levy forfeiture cases upheld
By J.Lo
"Concomitantly, plaintiff failed to appear in pre-trial proceedings countless times, most recent setting for pre-trial was on Nov. 13, 2000, where plaintiff, once again, unjustifiably failed to appear," Sandiganbayan Second Division reiterated has upheld dismissal of forfeiture case against three firms created out of Coconut Industry Investment Fund (CIIF), also known as coco levy funds, during martial law.
In eight-page resolution proclaimed last July 31,2023,court's Second Division said Presidential Commission on Good Government (PCGG) failed to raise any new meritorious argument in its motion for reconsideration that would warrant the reversal of May 16, 2023 ruling dismissing forfeiture case against Coconut Producers Federation Inc. (COCOFED), Coconut Investment Corp. (CIC) and Cocofed Marketing Corp. (COCOMARK).
Second Division had earlier granted three firms' motion to dismiss case on ground of violation of their constitutional right to due process and speedy disposition of cases.
Second Division noted more than 30 years since civil suit was filed by PCGG in 1987 but latter has yet to conclude its pretrial works and commence with trial proper.
In its latest resolution, Second Division maintained PCGG, represented in court by Office of Solicitor General, failed to justify "inordinate delay" in prosecuting case.
Associate Justice Arthur Malabaguio penned resolution with concurrence of Associate Justices Oscar Herrera Jr. and Edgardo Caldona.
Docketed as Civil Case No. 0033-B, forfeiture suit covers companies created using coco levy funds and was one of eight subdivided coco levy cases filed by PCGG in 1987, year after ouster of late president Ferdinand Marcos Sr.
Named as primary respondent in cases was late San Miguel Corp. chairman Eduardo "Danding" Cojuangco Jr., alleged crony of Marcoses.
Supreme Court (SC) in 2021,junked six of civil suits against Cojuangco, citing violation of his constitutional right to speedy trial. Cojuangco passed away in July 2020 at the age of 85.
This same SC ruling was cited by COCOFED, CIC and COCOMARK in asking Second Division to dismiss civil suits against them.
Second Division, in its new resolution, found no merit in PCGG's insistence three coco levy firms "were not similarly situated" with Cojuangco.
Second Division said even assuming SC decision in favor of Cojuangco should be inapplicable in case of three coco levy firms, it was still clear their "constitutional right to due process and speedy disposition of cases were violated."
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