Supreme Court upholds dismissal of ill-gotten wealth case vs Marcos Sr. estate

MANILA, Philippines — The Supreme Court (SC) en banc affirmed Sandiganbayan’s 2012 resolution and decision, which dismissed the Presidential Commission on Good Governance’s (PCGG) case against the estate of Ferdinand Marcos Sr. 

The consolidated cases involved Lucio Tan, the estate of Marcos Sr. represented by former first lady Imelda Marcos and their children, and several other alleged cronies with regard to a complaint first filed by the PCGG at the Sandiganbayan on July 17, 1987.

“In G.R. No, 203592, the Sandiganbayan Decision dated 11 June 2012 and Resolution dated 26 September 2012 dismissing the Republic's Second Amended Complaint ' for reversion, reconveyance, restitution, accounting and damages are AFFIRMED. Consequently, the Petition for Review on Certiorari of the Republic of the Philippines is DENIED for lack of merit,” the court said in a ruling penned by Associate Justice Rodil Zalameda.

The said complaint by the PCGG filed before the Sandiganbayan is seeking reversion, reconveyance, restitution, accounting and damages against the respondents.

Sandiganbayan dismissed the complaint in June 2012, saying that the Republic [through the PCGG] did not meet the burden of proving that the assets and properties were ill-gotten wealth, as it was not demonstrated that they originated from government sources.

“Further, the Sandiganbayan found no proof that respondent Tan received concessions, or that his business ventures benefitted, from Marcos. It held that the Republic failed to demonstrate how Marcos' grant of favors and privileges to a corporation resulted in the government's ownership of its shares, assets, and properties that may be recovered as ill-gotten wealth,” the high tribunal said. 

The SC also explained that ill-gotten wealth is not restricted to assets originating from the government.

“Assets and properties may fall under the broad rubric of ill-gotten wealth even if they did not originate from the government. Private properties may likewise be considered ill-gotten if they were acquired by taking undue advantage of official position, authority, relationship, or influence,” it said.

Other cases were also dismissed affirming the junking of the Sandiganbayan.