Sandiganbayan junks ill-gotten wealth case vs Imelda Marcos, family

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

In its decision, 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, which breached 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 defendant’s right to the 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.

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

The former president was accused of using Cruz as his dummy to acquire the Pinugay Estate to 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 amounting to P14.6 million.

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

As a result, the GSIS had to pay roughly P27.3 million to the AIC. Despite being grossly and manifestly disadvantageous to the government, the transaction transpired with the former president's purported go-signal.

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

In October 2012, the Sandigabayan dismissed ill-gotten wealth cases against the Marcoses and their cronies except that 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 the case against them.

In dismissing the 37-year-old case, the anti-graft court stressed that given that  Marcos Sr. and Cruz had already died and that the 95-year-old Imelda was the only extant 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 defendant 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.

According to the Sandiganbayan, the PCGG tends to agree with the case dismissal when it stressed that there are no more allegations against Marcos's estate.

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

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 while she was a government official 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 for her conviction.