The Sandiganbayan has dismissed a 37-year-old lawsuit filed by the government against the late former President Ferdinand E. Marcos Sr. and former First Lady Imelda Marcos that sought to recover alleged ill-gotten wealth involving a multi-million estate property in Tanay, Rizal.

The anti-graft court’s Second Division ruled that the case against the Marcoses and their alleged crony, Roman Cruz Jr., incurred an inordinate delay, breaching their constitutional rights to a speedy disposition.

“Thus far, there has been no pre-trial in this case, and the trial has not even started. Clearly, there was a violation of the defendants’ right to a speedy disposition of their case since the records show scarcely anything besides the plaintiff’s lack of diligence in handling cases,” the 30-page resolution read.

The Presidential Commission on Good Government (PCGG) and the Office of the Solicitor General lodged the case on 21 July 1987, seeking the reversion, reconveyance, restitution, accounting and damages against the Marcos couple and Cruz.

The late former president was accused of using Cruz as his dummy to acquire the Pinugay Estate from the Government Service Insurance System (GSIS).

Cruz allegedly entered into an agreement with the Asiatic Integrated Corporation, under which it received the Pinugay Estate from GSIS in exchange for five landholdings in Manila valued at P14.6 million.

The transaction was said to be disadvantageous to the government, as the Pinugay Estate, initially valued at P2 per square meter or P15.2 million in total in 1971, was later alleged to have been overvalued at P3.50 per square meter or a total of P41.9 million under the deal.

As a result, the GSIS reportedly had to pay roughly P27.3 million to the AIC. Despite being grossly and manifestly disadvantageous to the government, the transaction occurred with the former president’s purported approval.

Cruz died in January 2001 and has since been substituted by his heirs. The late chief executive was represented by his son and namesake, President Ferdinand Marcos Jr.

In October 2012, the Sandiganbayan dismissed ill-gotten wealth cases against the Marcoses and their cronies, except for the case concerning the Pinugay Estate. The Supreme Court upheld this verdict last year.

The former First Lady sought the dismissal of the case, citing the PCGG’s failure to initiate necessary action to prosecute it against them.

Evidence lack

In dismissing the 37-year-old case, the anti-graft court stressed that since Marcos Sr. and Cruz had already died, and the 95-year-old Imelda was the only living defendant, “her ability to testify and recall the events has assuredly declined, as has her health.”

“Moreover, the alleged transaction involving the Pinugay Estate happened around 53 years ago, during which the heirs of the late Ferdinand Marcos would have been minors,” the court said.

“This would give the defendants difficulty in finding testimonial and documentary evidence to prove their defense, considering the time that has lapsed,” it added.

In fact, according to the Sandiganbayan, the PCGG tends to agree with the case dismissal, emphasizing that there are no more allegations against the Marcos’ estate.

“The plaintiff then averred that all allegations against the Marcoses were struck down; hence, there is no more reason to proceed against them,” the court ruled.

The People Power Revolution toppled Marcos Sr.’s regime in February 1986, forcing him to flee into exile in Hawaii with his family.

The PCGG, under orders from his successor, the late Corazon Aquino, pursued their ill-gotten wealth amassed during his two-decade rule.

After their return to the Philippines, the former First Lady was indicted on several criminal and civil cases.

In November 2018, the Sandiganbayan found her guilty of seven counts of graft and sentenced her to a minimum of 42 years in prison for diverting over $200 million in government funds to private foundations in Switzerland during her husband’s tenure from 1968 to 1986.

At the time, she was 89 years old. Currently, the former First Lady remains out of prison while appealing her conviction.