"In any case, the disposition of assets which are involved in this pending action shall be subject to the judgment which the Court shall render in this case and the withdrawal of the said assets during the pendency of this court action is a violation of the prohibition provided by existing law," the First Division said in its 17-page resolution. It set the resumption of the hearings on Jan. 8-12, 2007.
Sandiganbayan Presiding Justice Teresita Leonardo-de Castro signed the resolution, with concurrence from Associate Justices Diosdado Peralta and Efren dela Cruz.
The First Division also ruled that Disini’s bank accounts are in custodia legis or under the court’s custody as the assets are covered by the provisions of Executive Orders No. 1 and 2 issued by then President Corazon Aquino.
Executive Order No. 1 created the Presidential Commission on Good Government, which was empowered to provisionally take over and dispose of ill-gotten assets of the Marcoses.
The court also ordered that government lawyers terminate their presentation of evidence and instead present their witnesses Rodolfo Jacob, Rafael Sison and Angelo Manahan.
Last Aug. 18, the Swiss Federal Court gave the Philippine government until Dec. 31 this year to secure a forfeiture decision from Sandiganbayan First Division otherwise it might release Disini’s bank accounts from a 20-year-old freeze order.
Three months later, government lawyers moved for the setting of a date for its initial presentation of evidence.
The request for the lifting of the freeze order was filed by Disini’s wife, Paciencia Escolin-Disini, and daughter, Lea Disini, before the Swiss Supreme Court on Dec. 12, 2005.
Disini’s assets in the Philippines and abroad were ordered frozen as part of Civil Case No. 0013 filed by the PCGG before the Sandiganbayan in 1987.
The PCGG is asking the Sandiganbayan to award the government P50 billion in moral damages in addition to actual damages to be determined by the court.