Marcos heirs reinstated as defendants in graft case

MANILA, Philippines - Heirs of the late President Ferdinand Marcos have been reinstated on orders of the Supreme Court (SC) as defendants in a case for the recovery of the government of around P200 billion in alleged ill-gotten wealth pending before the Sandiganbayan.

However, the SC stood firm in its decision to remove businessman Gregorio Ma. Araneta III, husband of Marcos daughter Irene from the list of respondents.

“Acting on the Office of the Solicitor General’s motion for reconsideration of the decision dated Feb. 8, 2012, the Court resolves to deny the motion with finality, the basic issues raised therein having been duly considered and passed upon by the Court in the aforesaid decision and no substantial argument having been adduced to warrant the reconsideration sought,” read the SC resolution.

The SC enjoined the parties from filing further pleadings on the matter.

“No further pleadings or motion shall be entertained in this case,” read the decision promulgated by Teresita Aquino-Tuazon, deputy division clerk of court. “Let entry of judgment be made in due course.”

Last Feb. 8, the SC affirmed with modification the Dec. 6, 2005 resolution of the Sandiganbayan granting the demurrer to evidence of spouses Araneta for insufficiency of evidence.

The SC directed the reinstatement of Irene Marcos-Araneta and her siblings - Ilocos Norte Gov. Imelda “Imee” Marcos-Manotoc and Sen. Ferdinand “Bongbong” Marcos Jr. as defendants in Civil Case No. 0002 for recovery of alleged ill-gotten wealth of the Marcoses and their cronies.

The SC said while the Marcos children were already cleared in a Sandiganbayan ruling in December 2005, they should remain in the case for reversion, re-conveyance, restitution, accounting and damages filed against their father.

“Thus, while it was not proven that respondents conspired in accumulating ill-gotten wealth, they may be in possession, ownership or control of such ill-gotten properties or the proceeds thereof as heirs of the Marcos couple,” read the SC decision.

“Thus, their lack of participation in any illegal act does not remove the character of the property as ill-gotten and, therefore, as rightfully belonging to the State.”

Last Dec. 6, 2005, the Sandiganbayan’s fourth division cleared the three Marcos children of any liability in Civil Case No. 0002 involving alleged ill-gotten wealth, including real estate properties here and abroad.

The SC said the Sandiganbayan was correct in dismissing the complaint against the Marcos siblings because of the prosecutors’ failure to comply with Rule 130 that the evidence must be the original document itself.

“Let a copy of this decision be furnished to the Office of the President so that it may look into the circumstances of this case and determine the liability, if any, of the lawyers of the Office of the Solicitor General and the Presidential Commission on Good Government in the manner by which this case was handled in the Sandiganbayan,” read the SC decision.

The PCGG accused Imee of dollar salting in using Glorious Sun to import denim fabrics from one supplier at prices much higher that those paid by other users of similar materials.