Sandiganbayan upholds dismissal of Marcos forfeiture case involving hotels, resorts

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Sandiganbayan upholds dismissal of Marcos forfeiture case involving hotels, resorts

Adrian Ayalin,

ABS-CBN News

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Then President Ferdinand Marcos (center) poses with members of his family on January 15, 1986, namely: his wife Imelda; eldest daughter Imee and her husband at the time, Tomas Manotoc (right); youngest daughter Irene and her husband Greggy Araneta (left); son Bongbong (behind Marcos); and Marcos
Then President Ferdinand Marcos (center) poses with members of his family on January 15, 1986, namely: his wife Imelda; eldest daughter Imee and her husband at the time, Tomas Manotoc (right); youngest daughter Irene and her husband Greggy Araneta (left); son Bongbong (behind Marcos); and Marcos' grandchildren Luis (on his lap), Alfonso (Irene's lap) and Borgy (left), carried by Ferdinand and Imelda's adopted daughter, Aimee. Malacañang handout/AFP

MANILA — The Sandiganbayan 2nd Division upheld its decision to dismiss Civil Case No. 0014 involving former president Ferdinand Marcos, Sr., former first lady Imelda Marcos, and their alleged cronies and properties such as hotels, resorts, and other corporations.

In the resolution of the court promulgated Tuesday, the motion for reconsideration filed by plaintiff Republic of the Philippines through the Office of the Solicitor General was denied for lack of merit.

“Needless to state, the allegations contained in the motion are mere rehash of the issues already ruled, passed upon, and judiciously resolved by this court,” 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. 0014 was one of the forfeiture cases filed in 1987 involving assets and properties owned by the former president and first lady.

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Impleaded corporations included Philippine Village Hotel, Puerto Azul Beach and Country Club, Ternate Development Corporation, Fantasia Filipina Resorts, Inc. Ocean Villas Condominium Corporation, Silahis International Hotel.

In 2009, the Presidential Commission on Good Government estimated the subject properties in Civil Case No. 0014 at P581 million.

With the death of the former president, he was substituted in the case by heirs, including President Ferdinand Marcos, Jr., Sen. Imee Marcos, and Irene Marcos-Araneta.

The court stressed in its dismissal of the appeal that the testimony of PCGG records custodian Maria Lourdes Magno fell within the category of hearsay evidence.

“With the foregoing considerations, it follows that the best evidence rule applies in this case and, therefore, plaintiff’s sole witness Magno is not competent to testify as to the contents and existence of the said documentary evidence,” the court said.

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