THE Sandiganbayan has dismissed another ill-gotten wealth case involving the late President Ferdinand E. Marcos Sr., former First Lady Imelda R. Marcos and several businessmen who allegedly acted as the Marcoses’ “dummies” in several corporations.
In a 156-page decision penned by Associate Justice Maria Theresa Mendoza-Arcega, the Sandiganbayan’s Fifth Division ordered the lifting of the sequestration order that the Presidential Commission on Good Government (PCGG) issued on Lianga Bay Logging Corp. and Yulo King Ranch (YKR) Corp.
The anti-graft court also reminded the government that while efforts to recover ill-gotten wealth should be firmly pursued, “the pursuit should not be mindless as to be oppressive towards anyone.”
It said the government must efficiently discharge its duty to present sufficient evidence in order to obtain favorable rulings in ill-gotten wealth cases.
“In fine, this Court finds that the plaintiff (Republic of the Philippines) failed to prove by preponderant evidence that the properties alleged in the complaint are ill-gotten and/or was beneficially owned and controlled by former President Marcos and his family,” the Sandiganbayan decision stated.
“The totality of evidence against the defendants failed to show the schemes and strategies employed by herein defendants to hide the supposed ill-gotten wealth,” it added.
Also cleared of any wrongdoing were businessmen Peter A. Sabido, Luis D. Yulo, Roberto Benedicto, and Nicolas Dehesa, and former Development Bank of the Philippines (DBP) executives Jose R. Tengco Jr., Rafael Sison, Cesar Zalamea and Don Ferry.
The case is part of Civil Case No. 0024 filed by the PCGG in 1987 and amended in 1988 seeking to recover in favor of the government alleged ill-gotten wealth consisting of funds and other properties, which the respondents allegedly unlawfully acquired. Government lawyers said defendant businessmen and firms obtained loans in millions of dollars from the DBP and the Government Service Insurance System from 1973 to 1982.
The complaint, on the other hand, alleges the Marcos spouse accumulated ill-gotten wealth by awarding government contracts to their relatives, business associates, dummies, nominees and agents.
They were also accused of misappropriating, embezzling or converting to their own use funds of the government financial institutions.
In seeking the reconveyance of the said corporations, the PCGG relied on the affidavit of Rolando Gapud, who claimed to be Marcos’ financial advisor.
Gapud claimed to have personal knowledge that the late President used his close business associate Yulo as his dummy in YKR.
However, the anti-graft court stressed that an affidavit is considered mere hearsay evidence when its affiant did not take the witness stand.
“After a careful review of both documentary and testimonial evidence of all the parties involved, the Court finds that the plaintiff failed to prove its case by preponderance of evidence against Sabido, Yulo, Dehesa, Ferry, Sison and spouses Marcoses,” the ruling stated.
With regard to Sabido and Yulo, the Sandiganbayan said the PCGG failed to present that their shares of stocks in Lianga Bay and YKR, respectively, belong to the government.
“Nor is there evidence that respondents took undue advantage of their connections or relationship with former President Marcos or his family, relatives and close associates to acquire those shares of stock,” the decision noted.
The PCGG accused Sabido, who served as a member of the Batasang Pambansa from 1984 to 1986, of acquiring assets, funds and properties grossly disproportionate to his salaries and lawful income by taking advantage of his connection with the Marcoses.
However, the Sandiganbayan said the government failed to present evidence that such assets were acquired during his term as a member of the Batasang Pambansa.
“Same with Yulo, there was no evidence presented that would establish his connection with the former President and/or his family. Being a major stockholder of both Pimeco (Philippine Integrated Meat Corp.) and YKR does not automatically make him a close associate or dummy,” the ruling pointed out.
It can be recalled that in 2019, the Sandiganbayan junked the P200-billion forfeiture case filed against the Marcos family and Constante Rubio, who is accused of acting as bagman of the Marcoses.
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