The Sandiganbayan has affirmed its decision that declared as “unlawfully acquired” and ordered the forfeiture of several properties owned by the late former Muntinlupa City mayor Maximo A. Argana and members of his family.

In a resolution issued last Nov. 24, the anti-graft court denied the motions for reconsideration filed by the Arganas.

Last Aug. 18, the court granted the petition for forfeiture in Civil Case No. 0026 against the late Argana, his wife Maria Remedios, Donata Almendrala De Argana, Luis Argana Jr., Peregrino Argana, Gelacio Argana, Eufrocinio Nofuente, Ampara Argana Nofuente, Juanito Rogelio, Milagros Argana Rogelio, Maria Felicidad Argana, Maria Dorotea Argana, and Redefor South Gold Property Management and Development Corporation.

Maria Remedios Argana-Antonio, Maria Dorotea Argana, and the Estate of the deceased Donata Almendrala -de Argana filed a motion for reconsideration last Sept. 15, while Milagros Argana Rogelio, Luis Argana Jr., the estate of Juanito Rogelio, Amparo Argana Nofuente, Estate of Eufrocinio Nofuente, Maria Felicidad Argana-Espeleta, and the estate of Gelacio Argana filed their own motion last Sept. 23.

The first motion argued that the petition for forfeiture was filed during the prohibited period under Section 2 of Republic Act No. 1379, the Forfeiture of Ill-Gotten Wealth Act, rendering it null and void and depriving the court of jurisdiction to hear and decide the case.

The second motion insisted that there was no direct evidence on record that would prove that the subject properties and assets which were forfeited in the case were actually ill-gotten wealth.

But the anti-graft court disagreed. It said: "Based on the foregoing, it is clear that the court has considered all the evidence presented, but still concluded that the same were insufficient to prove, to the satisfaction of the court, that the respondents have lawfully acquired the properties in question."

"All told, the court finds no cogent or compelling reason to warrant a reconsideration of its Decision," it added.

The 19-page resolution was written by Associate Justice Ronald B. Moreno with the concurrence of Associate Justices Karl B. Miranda and Edgardo Caldona.

The late Muntinlupa mayor, who served from 1964 to 1967 and then from 1972 up to his death in June 1985, had reportedly acquired no less than 251 Original/Transfer Certificates of Title to parcels of land located in Muntinlupa and its neighboring towns as well as other assets recorded in the name of his spouse, daughters, brothers, sisters, brothers-in-law, and family corporation.

Red flags were raised by state prosecutors as Argana had no other known sources of income which may justify the acquisition of said properties, and his income as mayor was manifestly out of proportion to his acquired properties.

While his family members argued that the late mayor was engaged in the active practice of his profession as a lawyer, they were unable to provide any basis or representation of this other source of income.

In its Aug. 18 decision, the Sandiganbayan declared as unlawfully acquired and forfeited in favor of the state several properties located in Barrio Bagbagan in Alabang, Muntinlupa; Muntinlupa; and Laguna.

Also ordered forfeited were several properties in the name of Maria Remedios, Maria Felicidad, and Maria Dorotea Argana; other respondents Milagros Rogelio and Gelacio Argana; as well as Redefor Southgold Property Management and Development Corporation.

The other personal properties such as 19,425 shares of capital stock of Sampaguita Savings and Loan Association, Inc. owned by Maximo Argana worth P1.6 million and 5,000 shares of stock of Redefor owned by Maximo Argana, Donata Argana, Ma. Remedios Argana, Ma. Felicidad Argana, and Ma. Dorotea Argana worth P125,000 were also ordered forfeited.