SC upholds dismissal of Marcos’ wealth case

The Supreme Court has upheld the Sandiganbayan's decision dismissing the ill-gotten wealth case filed by the Presidential Commission on Good Government against the estate of deceased former President Ferdinand Marcos Sr. and several others, including business tycoon Lucio Tan.

The SC en banc, in a 62-page ruling, said that the evidence presented failed to prove the illegal acquisition of assets and properties outlined in the complaint.

The court denied the government's petition for review on certiorari, stating: "Consequently, the petition for review on certiorari of the Republic of the Philippines is denied for lack of merit."

Former first lady Imelda Marcos, current President Ferdinand Marcos Jr., and daughters Senator Imee Marcos and Irene Araneta represented the estate.

The ill-gotten wealth case revolved around Tan's companies, to which Marcos and respondent Imelda purportedly granted concessions or held interests and beneficial ownership.

These include Shareholdings Inc., Asia Brewery, Allied Bank, Fortune Tobacco, Maranaw Hotels, Virginia Tobacco Redrying Plant, Northern Tobacco Redrying Plant, Foremost Farms, Sipalay Trading, Himmel Industries, Grandspan Development Corp., Basic Holdings Corp, Progressive Farms Inc., Manufacturing Services and Trade Corp., Allied Leasing and Finance Corp., Jewel Holdings Inc., Iris Holdings and Development Corp., and Virgo Holdings and Development Corp.

Affirming Sandiganbayan's June 2012 decision and September 2012 resolution, the High Court dismissed the PCGG's second amended complaint for reversion, reconveyance, restitution, accounting, and damages.

The Sandiganbayan in 2012 justified its dismissal, asserting that the Republic failed to prove the origin of the ill-gotten wealth, noting a lack of evidence indicating government sources.

The court concurred and ruled, "It appears, however, that none of the pieces of evidence relied upon by the Republic was successful in establishing the manner by which respondents allegedly acquired ill-gotten wealth. It was not shown, through these pieces of evidence, if and how respondents took undue advantage of their office, authority, influence, connections, or relationship."

The comprehensive definition of ill-gotten wealth was applied, but the evidence relied upon by the Republic failed to establish all its elements, with some evidence of doubtful admissibility.

It also upheld the Sandiganbayan's resolution on 22 December 2010, dismissing the ill-gotten wealth case against respondents Don Ferry and Cesar Zalamea related to the anomalous Sipalay deal.

The SC also dismissed the PCGG's petition seeking to reverse the Sandiganbayan's resolutions from 8 July and 23 August 2011, denying the admission of a third amended complaint.