Updated:2024-12-11 03:24 Views:99
MANILA, Philippines — Acting on the Presidential Commission on Good Government’s request, the Sandiganbayan has dismissed the government’s damage claims against the late strongman Ferdinand Marcos Sr., former first lady Imelda Marcos, Chief Presidential Legal Counsel Juan Ponce Enrile and the late businessman Eduardo “Danding” Cojuangco Jr. in connection with the alleged misuse of the Coconut Industry Investment Fund (CIIF), also known as the coco levy funds, during martial law.
In a 34-page decision promulgated on Dec. 6, but uploaded on the Sandiganbayan website only yesterday, the anti-graft court’s Second Division dismissed two civil cases against the Marcos spouses, Enrile, Cojuangco and several other individuals who were alleged cronies of Marcos Sr. “due to the withdrawal of the plaintiff republic.”
One of the dismissed cases, docketed as Civil Case 0033-A, stemmed from the alleged anomalous purchase by the Philippine Coconut Authority (PCA) of 72 percent outstanding capital stocks of the of First United Bank, later renamed United Coconut Planters Bank (UCPB), for P85.733 million using the coco levy funds.
The PCGG, which filed the case in 1987, said Cojuangco illegally acquired full control and management of UCPB through a purchase agreement later executed with the PCA.
Meanwhile, the other dismissed case, docketed as Civil Case 0033-F, stemmed from Cojuangco’s purchase of 33,000,000 shares of stock of San Miguel Corp. (SMC) allegedly using the coco levy funds.
The PCGG said the shares were purchased through six companies known as the CIIF Oil Mills Group and 14 CIIF holdings companies.
In both cases, the PCGG said Cojuangco was acting in conspiracy with the Marcos spouses.
In its decision, however, the Second Division clarified that the only issue that remained unresolved in both cases was the PCGG’s claim for damages against the defendants, as the forfeiture aspect of both cases had already been ruled in favor of the state.
The Second Division cited its 2004 decision, wherein it ruled that at least P83 billion in assets acquired through the CIIF must be turned over to the government for the benefit of coconut farmers.
The Supreme Court (SC) affirmed the Second Division’s ruling in a landmark decision on Jan. 24, 2012.
In its decision, the SC declared that the CIIF is a “public fund,” thus the firms created through the CIIF, including all their assets, must be reconveyed to the government.
The Second Division said that during a case conference last July 3, the PCGG, represented in court by the Office of the Solicitor-General (OSG), manifested that the republic is already waiving its claims for damages against the defendants for both Civil Cases 0033-A and 0033-F.
The Second Division directed OSG to submit a formal written position on the matter.
In compliance with the Second Division’s directive, the OSG submitted last July 16 a written manifestation with an attached PCGG resolution dated July 15.
In its resolution, the PCGG confirmed that it would “no longer pursue its claim for the actual, moral, temperate, nominal and exemplary damages as prayed for in the Third Amended Complaint of Civil Cases 0033-A and 0033-F as the republic (had) already recovered majority of the properties subject of the said cases.”
“As such, this court rules that plaintiff republic’s manifestation and motion dated July 15, 2024, which amounts to a motion to withdraw, must be granted,” the Second Division said.
It was in July 1987 when the PCGG filed a civil case against Marcos Sr., his wife and several of their cronies.
The civil case seeks to recover the ill-gotten wealth allegedly amassed by the Marcos family and their cronies during the martial law regimesmash bet, including the assets acquired using coco levy funds.
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