MANILA (UPDATED) — The Sandiganbayan 4th Division has denied the motion of plaintiff Republic of the Philippines to present another witness and documents in Civil Case No. 0178 involving the ill-gotten wealth of former President Ferdinand Marcos Sr. and former first lady Imelda Marcos.

In a decision promulgated on June 13, 2023, the court denied the motion of the prosecution to present an unnamed officer of the Sandiganbayan 3rd Division, which handles Civil Case No. 009, for lack of merit.

The court noted that the officer will testify on a transcript of stenographic notes involving the testimonies of individuals who can no longer be located or refused to testify.

“To permit the plaintiff now to introduce the testimonies of Caesar Parlade, Potenciano Roque, Severino Buan, Jr. and Apolinario Medina in Civil Case No. 009 through mere identification of their TSNs by an officer of the Third Division would unduly deprive herein defendants their right to be confronted at the trial by, and to cross-examine, the witnesses against them,” the court said in the decision penned by Associate Justice Lorifel Lacap Pahimna, with the concurrence of Division Chairperson Michael Frederick Musngi and Associate Justice Georgina Hidalgo.

• The Marcoses' ill-gotten wealth

Civil Case No. 0178 was filed in 1997 by the Republic through the Presidential Commission on Good Government against private respondents Andres Africa, Victor Africa, Lourdes Africa, Nathalie Africa-Verceles, Jose Enrique Africa, Paul Delfin Africa, and others.

The government aimed to recover the 3,305 shares of stock in the Eastern Telecommunications Philippines, Inc. alleged to be held in trust for the late president and former first lady.

Plaintiff Republic of the Philippines cited “circumstances beyond its control” when it filed its motion for the additional witness, but the court said it finds the circumstance or justifications insufficient to support its motion.

“Its inability to locate its witnesses now, after a period of twenty-six (26) years, demonstrates its complacent attitude or lack of due diligence in pursuing the present case,” the court said.

The court also noted that the plaintiff has admitted in its motion that the PCGG is still in the process of searching the whereabouts of the proposed witnesses as of March 20, 2023, or during the initial presentation of plaintiff’s evidence,” the court said.

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