Court junks P200-B forfeiture case vs Marcoses
Credit to Author: THE MANILA TIMES| Date: Mon, 16 Dec 2019 11:39:15 +0000
The Sandiganbayan has dismissed the P200-billion forfeiture case filed against former President Ferdinand Marcos and members of his family for lack of evidence.
Based on the case filed by the Office of the Solicitor General in 1987,the ill-gotten wealth was supposedly acquired when Marcos was president.
“After a judicious scrutiny of all the pieces of evidence offered in this case, the Court finds that the plaintiff’s evidence falls short of the quantum required by law. The Court is thus constrained to dismiss the present complaint,” the Sandiganbayan’s Fourth Division said in a 58-page decision promulgated on Dec. 16, 2019.
Named as respondents in Civil Case 0002 were Marcos, his wife Imelda, children Imee, Irene, and Marcos Jr., as well as other individuals.
The PCGG, in an amended complaint, also impleaded Constante Rubio as a defendant.
In its decision, the anti-graft court said that “the bulk of the documentary evidence offered by the plaintiff are mere photocopies, most of which are barely readable. Thus, even if the Court were to defy the best evidence rule, it still could not fully ascertain the contents of these documents and make an intelligent evaluation therefrom.”
“The Court acknowledges the atrocities committed during Martial Law under the Marcos regime and the “plunder” committed on the country’s resources. However, absent sufficient evidence that may lead to the conclusion that the subject properties were indeed ill-gotten by the Marcoses, the Court cannot simply order the return of the same to the national treasury,” it added.
As to the documentary evidence which were regarded as faithful reproductions of the originals, the court said that “the truthfulness and veracity of their contents were still not established even by preponderance of evidence.”
It said that Maria Lourdes Magno, PCGG records officer, could only testify on how she obtained custody of the documents.
“She did not have any personal knowledge as to the contents thereof,” the court said.
It was the fifth civil case against the Marcoses dismissed by the court.
Associate Justice Alex Quiroz, who leads the Sandiganbayan’s Fourth Division, penned the decision which was concurred in by Associate Justices Maria Theresa Mendoza-Arcega and Maryann Corpus-Mañalac. REINA C. TOLENTINO