Sandigan junks forfeiture vs Marcos crony-owned telco

MANILA, Philippines — The Sandiganbayan has dismissed a forfeiture case against several alleged cronies of the late dictator Ferdinand Marcos Sr. and his widow, former first lady Imelda Marcos, seeking to recover in favor of the government shares of stocks in Eastern Telecommunications Philippines Inc. (ETPI), allegedly illegally acquired during martial law.

In a 19-page resolution promulgated on Jan. 10, the court’s Fourth Division granted the respective demurrers to evidence filed by the defendants, in which they prayed for the dismissal of the case on the ground of supposed weakness or insufficiency of evidence presented by the Presidential Commission on Good Government (PCGG).

Granted were the demurrers of defendants Rosario Arellano, Victoria Legarda, Angela Lobregat, Benito Nieto, Carlos Nieto, Manuel Nieto III, Ma. Rita Delos Reyes, Carmen Tuazon and Ramon Nieto Jr.

Likewise granted were the demurrers filed by legal representatives of deceased defendants Ramon Nieto, Benigno Manuel Valdes and Rafael Valdes.

“In the present case, we have thoroughly reviewed the records and are convinced that petitioners have failed to sufficiently prove their allegations. It is a basic rule in evidence that the burden of proof lies on the party who makes the allegations,” the Second Division’s resolution read.

“However, despite the protracted opportunity afforded, the sum of the plaintiff evidence failed to preponderate to their favor,” said the resolution penned by Associate Justice Lorifel Pahimna with the concurrence of Associate Justices Michael Frederick Musngi and Georgina Hidalgo.

Meanwhile, the proceedings against several other defendants who did not file their demurrer will continue. Filed by the PCGG at the Sandiganbayan in October 1997, the suit docketed as Civil Case No. 0178 seeks to recover in favor of the government 3,305 shares of stock in ETPI.

The PCGG, represented in court by the Office of the Solicitor-General (OSG), said the shares were held in trust for the Marcos couple but were registered in the names of their supposed cronies, dummies or business associates.

Two other defendants in the case – Andres Africa and Rosario Songco – already passed away