The Sandiganbayan has approved the compromise agreement between the Presidential Commission on Good Government (PCGG) and the heirs of a former official during the reign of the late President Ferdinand Marcos Sr. for the return of funds and properties to the government.
In an eight-page resolution dated Nov. 19 and written by Associate Justice Geraldine Faith Econg, the anti-graft court granted the joint omnibus motion of the PCGG and the heirs of the late Roman A. Cruz Jr. to approve the compromise agreement.
The court had dismissed Civil Case No. 0006 for reconveyance, reversion, accounting, restitution and damages filed by the PCGG.
Thereafter, the court was informed that the parties in the case had ironed out a compromise agreement on the properties and funds that would be returned to the government.
Under the agreement, the heirs of Cruz agreed to cede two units in the Europa Condominium Villas in Baguio City; two parcels of land along Wood Road in Barangay (village) Outlook Drive in Baguio City; two parcels of land in Barangay San Roque and Barangay Sta. Cruz in Antipolo City; shares of stocks at the PLDT (Philippine Long Distrance Telephone Company) ; and an escrow account with the Bureau of Treasury held on behalf of the PCGG in trust for Europa Condominium in the amount of P1,102, 288.27.
After close scrutiny of the compromise agreement, the Sandiganbayan ruled “the Court finds them not contrary to law, morals, or public policy.”
“Under the principle of autonomy in contract law, parties may enter into contracts as long as they are not contrary to law, morals, good customs, or public policy. Article 1306 of the Civil Code provides that the contracting parties may establish such stipulations, clauses, terms, and conditions as they may deem convenient provided they are not contrary to law, morals, good customs, public order, or public policy,’ the court said.
It noted that the agreement was also reviewed and never opposed by the Office of the Solicitor General (OSG) and the Department of Justice (DOJ).
“The petitioners manifested that the defendants Estate of Ferdinand Marcos and Imelda Marcos are not parties in the remaining properties involved in this case,” the court also said.
With the approval of the agreement, the court directed the relevant government agencies and offices to transfer the titles of the real and personal properties to the Republic of the Philippines based on the Compromise Agreement.
The Cruz heirs were identified in the resolution as wife Emilia T. Cruz, Rafael Roman T. Cruz, Isaiah Romulus P. Cruz, Ma. Rona Romana T. Cruz, Anna Cristina Cruz-Gayla, and Gino G. Cruz.