MANILA – A P1.052-billion civil case against the late ex-President Ferdinand Marcos, his wife Ilocos Norte representative Imelda Marcos and their supposed dummies has been submitted for decision at the Sandiganbayan.
Nine years after the case was first deemed ripe for resolution, the anti-graft court’s Second Division said it can now proceed after denying a motion to defer decision, filed by co-defendants Bienvenido Tantoco, Bienvenido Tantoco Sr., the estate of Gliceria Tantoco, and Dominador Santiago, for lack of merit.
“The parties having already filed their respective memoranda (closing arguments) on June 7, 2010 and August 2, 2010, this case is now deemed submitted for decision” the Sandiganbayan said in its resolution penned by Associate Justice Michael Frederick Musngi.
In Civil Case No. 0008, the Presidential Commission on Good Government aims to recover the alleged ill-gotten wealth of the Marcos couple worth P609.27 million in shares of stock and real properties pegged around P443.05 million.
The Tantocos and Santiago allegedly served as dummies for the Marcoses in the acquisition or ownership of these assets.
The PCGG also seeks P50 billion in moral damages and more than P1 billion in exemplary damages, plus actual, temperate and nominal damages that will be determined by the Sandiganbayan.
The Tantocos and Santiago filed a petition before the Supreme Court assailing the similarities between Civil Case No. 0008 and Civil Case No. 0142, saying deferring the promulgation of judgment would “confusing and conflicting decisions.”
The latter case involves the recovery of assets at Tourist Duty Free Shops Inc. (TDSF) and forfeiture of the Marcoses’ bank accounts at the Rizal Commercial Banking Corporation (RCBC) and Bank of America (BA) in 1986.
However, the Sandiganbayan said RCBC and BA are not parties in the civil case pending decision.
The Sandiganbayan also cited the 2000 ruling of the SC which said Civil Case No. 0008 involves the “reconveyance, reversion, accounting, restitution and damages” against the Marcoses and their co-defendants, while the main issue in Civil Case No. 0142 is on the “specific performance against RCBC and BA.”
“Verily, the instant case is totally unrelated to Civil Case No. 0142…Wherefore, in light of the foregoing, the motion to defer decision filed by the defendants is denied for lack of merit,” the Sandiganbayan said.
This civil case is among the 23 pending cases involving the Marcos family and their cronies at the anti-graft court.
The Fourth Division earlier confirmed that Civil Case No. 0002 has been submitted for decision, with the forfeiture of P200 billion worth of alleged Marcos ill-gotten wealth at stake. (With GMA News/PN)
