SC upholds Sandigan decision junking Marcos ill-gotten wealth case

MANILA, Philippines — The Supreme Court (SC) has affirmed a Sandiganbayan 2012 ruling dismissing an ill-gotten wealth case filed by the Philippine government against the estate of the late president Ferdinand Marcos and several of his alleged cronies led by business tycoon Lucio Tan.

In a 62-page decision promulgated on Oct. 3 but made public on Nov. 13, the SC resolved the consolidated cases originating from the 1987 complaint for recovery and reconveyance of ill-gotten wealth filed by the Presidential Commission on Good Government (PCGG) before the Sandiganbayan.

The High Court en banc upheld the Sandiganbayan’s June 2012 decision and September 2012 resolution that dismissed the PCGG’s second amended complaint for reversion, reconveyance, restitution, accounting and damages.

The Marcos Sr. estate was represented by former first lady Imelda Marcos, son and now President Ferdinand Marcos Jr. and daughters Senator Imee Marcos and Irene Araneta.

Aside from Tan, also named as respondents were Don Ferry, Cesar Zalamea and Tan’s family members and business associates.

In 2012, the Sandiganbayan dismissed the complaint, saying the government failed to prove that the assets and properties were ill-gotten wealth. The Sandiganbayan also dismissed the motion for reconsideration filed by the government.

The PCGG then brought the case before the SC in four separate petitions, which were all denied.

In denying the petitions, the High Court upheld the Sandiganbayan’s findings that the pieces of evidence presented by the PCGG failed to establish that the assets and properties covered in the complaint were illegally acquired.

Among the pieces of evidence presented by the PCGG were former first lady’s amended answer, Tan’s written disclosure, Marcos Jr.’s testimony and documents found by the commission during its investigations.

Identified in the ill-gotten wealth case were Tan’s companies to which the late president Marcos Mrs. Marcos allegedly gave concessions to, or have interests or beneficial ownership in.

In its decision, the SC said that in Mrs. Marcos’ amended answer, she merely stated that Marcos Sr. had 60 percent beneficial ownership in Tan’s companies, which