Marcos son appeals ruling on Payanig property

The son and namesake of President Ferdinand Marcos has asked the Sandiganbayan to reconsider its decision rejecting his family’s claim to an 18.4-hectare prime property in Pasig.

In his motion for intervention, Ilocos Norte Rep. Ferdinand “Bongbong” Marcos Jr. said his father bought the property now known as “Payanig sa Pasig” for P6.4 million at P40 per square meters from Ortigas and Company Limited Partnership on May 31, 1968.

In a motion for reconsideration, the younger Marcos, special co-administrator of the Marcos estate, said there has been no previous court ruling on the merits of his family’s claim to the Payanig sa Pasig property.

“Hence, the principle of res judicata does not apply,” read the motion. “Res judicata does not apply in this instance because not all of its requisites are present. There was no judgment on the merits.”

Res judicata is a legal principle barring re-litigation of a case that has already been ruled upon with finality.

On Oct. 31, the Sandiganbayan invoked res judicata in dismissing Marcos’s motion for intervention.

It sought similar reliefs enumerated under a case filed in 1996 by former First Lady Imelda Romualdez-Marcos, the anti-graft court added.

The case was dismissed by the Sandiganbayan’s Third Division in 1998 and by the Supreme Court in 2003 on an appeal by Mrs. Marcos.

However, the younger Marcos said neither ruling brought the rule on res judicata since both only cited technical grounds.

“(The case was dismissed) principally because of the unresolved issue of representation of the estate of the late President Marcos, (while his mother’s appeal) was thrown out by the High Court for late filing and for lack of proof of service,” read the motion.

The Marcos family is seeking permission from the Sandiganbayan to join the litigation of a case involving Ortigas and Co. against the Presidential Commission on Good Government and another case involving Ricardo Silverio, also against the PCGG.

The Payanig sa Pasig property borders Ortigas, Doña Julia Vargas and Meralco Avenues at the heart of the Ortigas central business district in Pasig. It was previously the site of the theme park Payanig sa Pasig. At present, a big portion of property is occupied by Metrowalk, an upscale shopping, dining and recreation center.

Francisco Ortigas Jr., president of Ortigas and Co., claimed President Marcos coerced them into giving up their rights over the property for a losing price.

A copy of a deed of conditional Sale presented by the younger Marcos showed that Jose Yao Campos represented his father in the land deal and had the land registered under the name of Maharlika Estates Corp, which later changed its name to Anchor Estate Corp.

In 1971, Anchor Estate transferred its rights to the property in favor of Mid-Pasig Land Development Corp.

Marcos said the three real estate firms – Maharlika, Anchor and Mid-Pasig – were created by Campos in behalf of his father.

In 1986, Campos surrendered to the Presidential Commission on Good Government several corporations and properties allegedly entrusted to him by the former strongman, including the Payanig sa Pasig property and the Independent Realty Corp. Building, which now houses the offices of the PCGG. – Edu Punay