Sandigan junks P130-M forfeiture case against late Chief Justice Corona, heirs


Sandiganbayan

The P130.5 million civil forfeiture case filed against the late Chief Justice Renato C. Corona and his heirs has been dismissed by the Sandiganbayan after his family members presented evidence to prove they did not accumulate ill-gotten wealth.

In a 48-page decision written by Associate Justice Arthur O. Malabaguio, the Sandiganbayan’s second division acknowledged that the Corona family indeed had "undisclosed assets," based on his statements of assets liabilities and net worth (SALNs).

However, the court said these “undisclosed assets” could not be considered as "unexplained wealth" since the family members were able to prove they had "other sources of funds."

"Wherefore, premises considered, the instant Amended Petition for Forfeiture under Republic Act No. 1379, filed by petitioner Republic of the Philippines, represented by the Office of the Ombudsman, against respondents Renato C. Corona, now represented by his heirs, Ma. Carla Beatrice C. Castillo, Francis R. Corona, and Charina C. Salgado, and Cristina R. Corona, and their dummies, trustees, assignees, transferees, and successors-in-interest, is hereby dismissed," the Sandiganbayan ruled in the decision promulgated on Thursday, Nov. 3.

In its forfeiture case, the Office of the Ombudsman (OMB) alleged that the Corona family had acquired properties that are "manifestly out of proportion" of their lawful income. It sought the forfeiture of at least P130,587,012.75.

The OMB cited real properties such as a condominium unit in One Burgundy Plaza, Loyola Heights in Quezon City that was bought for P2,758,800; a parcel of land located in Maranaw Street, La Vista in Quezon City worth P11,000,000; and a condominium unit in The Bellagio, Fort Bonifacio in Taguig City worth P14,510,225.

However, the OMB claimed that Corona declared in his 2010 SALN that the first property was acquired for only P921,080 and the third property was purchased for only P6,800,000. In his 2003 to 2009 SALN, he said that the second property was bought for only P3,000,000.

But, the Sandiganbayan said the mistakes found in CJ Corona's SALNs do not necessarily prove that he amassed ill-gotten wealth.

"Such non-declarations or mis-declarations are innocuous mistakes that do not signal the accumulation of unexplained wealth, though they may signify a degree of carelessness," the court said.

In fact, the court said that the alleged undeclared cash assets of the respondents (Corona heirs) are "insignificant" especially considering what has been proven -- that CJ Corona had been "gainfully employed" for almost 45 years and that he had funds other than his income in government service.

His wife, Cristina, was a former salaried employee and one of the owners of BGEI (Basa-Guidote Enterprises, Inc.). She is also its inheritor. Because of this, they were able to acquire real properties in their names and earn cash assets, the court also cited.

It also said their other sources of income came from the proceeds of the BGEI, their children's funds, their combined earned compensation income, and co-mmingled family funds, among other things.

While the court commiserated with the Ombudsman in "relentlessly pursuing and recovering" unlawfully-acquired assets, it said the OMB’s pursuit "should not be mindless as to be oppressive towards anyone."

Second Division Chairperson Oscar C. Herrera Jr. and Associate Justice Frederick L. Musngi concurred in the decision

Former Chief Justice Corona passed away on April 29, 2016 due to a heart attack.

TAGS: #Sandiganbayan #CJ Corona