Sandiganbayan orders release of Greggy Araneta's properties
By AJ Siytangco
Published Feb 1, 2019 10:43 am
By Czarina Nicole Ong
The Sandiganbayan Special Fourth Division has ordered that the sequestered properties of Gregorio “Greggy” Araneta III, the son-in-law of former President Ferdinand Marcos, be released.
(MANILA BULLETIN)
In a 10-page resolution dated January 14, the anti-graft court granted Araneta's motion for release of sequestered properties. This is consistent with its December 6, 2005 resolution, affirmed by the Supreme Court in its February 8, 2012 decision, lifting the writ of only sequestered properties.
Araneta's civil case no. 0002 is in relation with the P200 billion worth of illegally-obtained wealth by the Marcos family. The Presidential Commission for Good Government (PCGG) sought to recover this ill-gotten wealth, but Araneta and 18 others were cleared back in 2005 when their case was dismissed.
Araneta argued that the sequestration of the properties attributed to him - namely IMEXCO Enterprises Inc., Northern Express Transport Inc. (NETI), and Philippine Semi-Conductor Devices Inc. - have already been lifted, so there was no longer any legal basis for these to be retained by the government.
At the same time, Araneta said there was no longer any proceedings involving him, so the PCGG automatically has already lost its right to exercise any act over the said properties.
The PCGG argued otherwise, saying that the ill-gotten wealth of Marcos will be made only after final adjudication and disposition of the case. Granting Araneta's motion, the PCGG said, would render the present proceedings moot and academic.
The Sandiganbayan, for its part, found some merit in Araneta's claim. It clarified that only properties in the name of Araneta were ordered to be lifted - meaning IMEXCO Enterprises Inc. and Asialand Development Corporation.
The rest of the properties will remain with the government.
Contrary to what the PCGG said, the Sandiganbayan does not believe that lifting the writ of sequestration would not be fatal to the main case. What it does, the court clarified, is to simply terminate the government's role as conservator.
"The 2005 Sandiganbayan resolution lifting the writ of sequestration of properties in the name of Araneta has long become final and executory. Nothing is more settled in law than that once a judgment attains finality it thereby becomes immutable and unalterable," the resolution read.
"It may no longer be modified in any respect, even if the modification is meant to correct what is perceived to be an erroneous conclusion of fact or law," the court further explained.
The resolution was penned by Chairperson Alex Quiroz with the concurrence of Associate Justices Maria Theresa Mendoza-Arcega and Zaldy Trespeses.
(MANILA BULLETIN)
In a 10-page resolution dated January 14, the anti-graft court granted Araneta's motion for release of sequestered properties. This is consistent with its December 6, 2005 resolution, affirmed by the Supreme Court in its February 8, 2012 decision, lifting the writ of only sequestered properties.
Araneta's civil case no. 0002 is in relation with the P200 billion worth of illegally-obtained wealth by the Marcos family. The Presidential Commission for Good Government (PCGG) sought to recover this ill-gotten wealth, but Araneta and 18 others were cleared back in 2005 when their case was dismissed.
Araneta argued that the sequestration of the properties attributed to him - namely IMEXCO Enterprises Inc., Northern Express Transport Inc. (NETI), and Philippine Semi-Conductor Devices Inc. - have already been lifted, so there was no longer any legal basis for these to be retained by the government.
At the same time, Araneta said there was no longer any proceedings involving him, so the PCGG automatically has already lost its right to exercise any act over the said properties.
The PCGG argued otherwise, saying that the ill-gotten wealth of Marcos will be made only after final adjudication and disposition of the case. Granting Araneta's motion, the PCGG said, would render the present proceedings moot and academic.
The Sandiganbayan, for its part, found some merit in Araneta's claim. It clarified that only properties in the name of Araneta were ordered to be lifted - meaning IMEXCO Enterprises Inc. and Asialand Development Corporation.
The rest of the properties will remain with the government.
Contrary to what the PCGG said, the Sandiganbayan does not believe that lifting the writ of sequestration would not be fatal to the main case. What it does, the court clarified, is to simply terminate the government's role as conservator.
"The 2005 Sandiganbayan resolution lifting the writ of sequestration of properties in the name of Araneta has long become final and executory. Nothing is more settled in law than that once a judgment attains finality it thereby becomes immutable and unalterable," the resolution read.
"It may no longer be modified in any respect, even if the modification is meant to correct what is perceived to be an erroneous conclusion of fact or law," the court further explained.
The resolution was penned by Chairperson Alex Quiroz with the concurrence of Associate Justices Maria Theresa Mendoza-Arcega and Zaldy Trespeses.