MANILA -- The Sandiganbayan 2nd division has upheld its dismissal of the civil case involving firms supposedly created out of coco levy funds imposed during the administration of late dictator Ferdinand Marcos, Sr., father of the incumbent President.

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In a resolution promulgated on July 31, 2023, the court denied the motion for reconsideration filed by plaintiff Republic of the Philippines.

The court granted the motion to dismiss filed by defendants Coconut Producers Federation, Inc. (COCOFED), Coconut Investment Co. (CIC) and Cocofed Marketing Corp. (COCOMARK) on May 16, 2023 due to inordinate delay in court proceedings.

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“In view of the foregoing, as the plaintiff did not raise any new argument to convince this court that its ruling is erroneous or contrary to the law or evidence, its motion for reconsideration must be denied for lack of merit,” the court said in the resolution penned by Associate Justice Arthur Malabaguio, with the concurrence of division chairperson Oscar Herrera, Jr. and Associate Justice Edgardo Caldona.

Civil Case No. 0033-B was filed in 1987 against the late Eduardo “Danding” Cojuangco and other defendants for the recovery of supposed ill-gotten wealth of the Marcoses.

The case was subdivided by the Sandiganbayan into eight complaints. and Civil Case No. 0033-B was focused on the creation of companies out of coco levy funds.

In its ruling, the Sandiganbayan maintained that constitutional rights to due process and speedy disposition of cases of the three firms were violated.

The court cited the failure of plaintiff to appear in pre-trial proceedings “countless times,” the most recent of which was on November 13, 2000.

The Sandiganbayan also stressed the Supreme Court decision dated April 18, 2021 which granted the petition of Cojuangco to dismiss the cases for violation of his constitutional rights to due process and speedy disposition of cases.

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The ruling of the Supreme Court also enjoined the Sandiganbayan from taking further proceedings in Civil Case No. 0033-B and other related cases.

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“Accordingly, on account of plaintiff’s clear and vehement failure to provide sufficient justifications for the delay, the civil case filed against Cocofed, et al., should be abated and dismissed,” the court said.

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