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Sandiganbayan junks ill-gotten wealth complaint vs Marcoses, so-called cronies
Sandiganbayan junks ill-gotten wealth complaint vs Marcoses, so-called cronies
The Sandiganbayan has dismissed the civil case filed 34 years ago against the late former Ferdinand E. Marcos, his wife Imelda R. Marcos, and the late businessmen Ricardo C. Silverio and Pablo P. Carlos Jr. in connection with their alleged ill-gotten wealth.
The case, denominated as Civil Case No. 0011, was filed by the Presidential Commission on Good Government (PCGG) on July 22, 1987 for reconveyance, reversion, accounting, restitution and damages.
The Marcoses, Silverio and Carlos were accused of abuse of right and power, unjust enrichment, and breach of public trust.
Former President Marcos died in 1989; Carlos in 1998, and Silverio in 2016.
"Wherefore, premises considered, for failure of the plaintiff (PCGG) to prove its allegation by preponderance of evidence, the subject complaint filed against defendants... is hereby dismissed," the fourth division of the Sandiganbayan ruled in a decision dated last June 30.
The decision was written by Associate Justice Alex L. Quiroz, chairman of the Sandiganbayan’s fourth division, with the concurrence of Associate Justices Lorifel L. Pahimna and Edgardo M. Caldona.
Silverio and Carlos allegedly gave the Marcoses "improper payments such as kickbacks and/or commissions" worth hundreds of thousands of US dollars in exchange for the award of Kawasaki Scrap Loaders and Toyota Rear Dump Trucks.
The complaint also claimed that for three consecutive years, special accommodations, privileges, and exemptions by the Central Bank in the form of increased dollar import quota allocation were given for the importation of Toyota vehicles for Delta Motors Inc., which was founded by Silverio, and air conditioning and refrigerating equipment in excess of the limits prescribed under applicable Central Bank Rules and Regulations.
But the anti-graft court said the testimonial and documentary evidence provided by the PCGG "failed to satisfactorily prove the specific averments in the complaint."
The court said there was no "legal basis" for the accounting of the defendants' (Marcoses, Silverio and Carlos) properties and assets of whatever kind and wherever located in excess of their lawful earnings.
One of the pieces of evidence submitted by the PCGG was a letter from Silverio to Marcos dated Jan. 2, 1974.
But the Sandiganbayan said the letter did not mean anything. "A close examination of the said letter would only show that defendant Silverio was reporting about the status of a project and expressing his gratitude to defendant Ferdinand Marcos," it said.
"There was no concrete proof in the said letter that would show that defendant Ferdinand Marcos gave extraordinary grants or privileges to the unnamed company of defendant Silverio," it added.
Thus, the court said, the PCGG "miserably failed" to prove its claim against the Marcoses and their alleged cronies.
"After a judicious scrutiny of all the pieces of evidence offered in this case, the Court finds that the plaintiff's evidence falls short of the quantum required by law. Thus, the Court is constrained to dismiss the instant complaint," the anti-graft court ruled.
The real properties involved in the civil complaint included two parcels of land in Lancaster, Los Angeles County; two parcels of land in Hillsborough, California; three parcels of land in Daly City, California; a condominium apartment in San Francisco, California; a condominium unit in San Mateo, California; condominium in San Francisco, California; 10 parcels of land from Pointe Pacific Estates Subdivision in Daly City, California; another eight parcels of land Daly City, California; a Woodside Shell Station in Redwood City; St. Matthew Shell Station in San Mateo, California; parcel of land lot in Foster City, California; 7-11 store in Sunny Vale Santa Clara, California; parcel of land in Woodside, California; condominium unit in El Dorado, California; five-acre parcel of real property from Pastor Pablo; and a 28-unit apartment in Ecology Village, Makati City.
Also involved in the complaint were shares of stocks in Silcor Finance USA, Inc.; Astroair Services, Inc.; C&M Timber; Air Manila; and Delta Motors Corporation.