Sandigan dismissed finally and executory forfeiture case vs FM, FIRM
By J.Lo
"Examination of records of case reveals arguments raised by plaintiff in present motion are the very same issues already discussed and passed upon by Court in assailed Decision," Sandiganbayan Fifth Division's resolution read upheld its earlier decision dismissing another forfeiture case filed by Presidential Commission on Good Government (PCGG) against late President Ferdinand Marcos, his widow Imelda and their cronies.
PCGG on July 28, 1987 sought to recover, in favor of government, properties and financial assets suspected to have been illegally acquired by Marcoses through dummies and business associates during martial law era.
In five-page resolution promulgated on Aug. 11,2023, anti-graft court's Fifth Division said PCGG failed to raise new meritorious arguments in its motion for reconsideration that would warrant reversal of Sandiganbayan's Feb. 21,2023 decision.
"For failure of plaintiff to convince Court of cogency of their position and finding no new matters or persuasive grounds to merit reconsideration of its earlier Decision, Court finds no convincing reason to depart from it," it stressed.
Defendants in civil case No. 0024 include businessmen Peter Sabido, Luis Yulo, Roberto Benedicto and Nicolas Dehesa as well as former Development Bank of the Philippines executives Jose Tengco Jr., Rafael Sison, Cesar Zalamea and Don Ferry.
Philippine Integrated Meat Corp., Pimeco Marketing Corp., Lianga Bay Logging Co. Inc. and Yulo King Ranch are also parties to the case.
PCGG alleged that Marcoses used Sabido, Yulo and other defendants as dummies for acquisition of huge loans from 1973 to 1982.
During martial law years, Pimeco allegedly was given "unwarranted preferential right" to import and monopolize supply of meat products in greater Manila area.
Aside from recovery of assets and properties, PCGG also sought P50 billion in damages and P1 billion in legal fees.
In its Feb. 21 decision, Fifth Division said PCGG, represented in court by Office of the Solicitor General, failed to present any evidence that corporations involved in the case were being controlled by Marcos family.
Sandiganbayan had dismissed several wealth forfeiture cases against Marcos family and their cronies, citing insufficiency of evidence. Among cases dismissed were civil case Nos. 0002, 0007, 0008 and 0034 sought to recover suspected ill-gotten wealth amounting to P200 billion, P267.371 million, P1.052 billion and P102 billion, respectively.
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