The Sandiganbayan has dismissed the P276-million ill-gotten wealth case against former President Ferdinand Marcos Sr., former First Lady Imelda Marcos, and their associate, Roman Cruz, due to inordinate delay.
This case, filed in 1987, accused the late President Ferdinand Marcos Sr., his widow Imelda Marcos, and their alleged crony, Cruz, of acquiring assets disproportionate to their lawful income. The assets in question include properties in Baguio, Makati, and the United States.
The anti-graft court noted in its 30-page resolution that the 37-year delay in prosecuting the case violated the defendant's right to a 'speedy' trial.
"Clearly, there was a violation of the defendants' right to the speedy disposition of their case since the records show scarcely anything besides the plaintiff's lack of diligence in handling the case," the resolution reads.
"In its Comment, the plaintiff did not argue against the averment of the defendants about inordinate delay and due process violation. It did not oppose the move of the defendants to dismiss the case. In fact, the plaintiff tends to agree with the dismissal of the case when it emphasized that there are no more allegations against the estate of Marcos," it added.
The case under Civil Case 0006 involved Imelda and her son, President Ferdinand "Bongbong" Marcos Jr., as estate executors. The court emphasized that the burden to ensure the timely progress of the case lies with the prosecution, not the defendants.
Moreover, the court highlighted the prejudice caused to the Marcoses and Cruz by the extended delay.
"It is unquestionable that the defendants have already been prejudiced by the inordinate delay. The fact that the case was filed against the defendants and pending before this Court where they are made to defend themselves, secure services of paid counsel, and spend for their bail is enough trouble and prejudice to them," the Sandiganbayan said.
"They can no longer be afforded a fair trial since the witnesses may have already died, and the documentary evidence may no longer be located after more than 30 years from the filing of the complaint," it furthered.
The Sandiganbayan also pointed out the declining health and memory of Imelda, now 95 years old, making it challenging for her to testify or recall events from over five decades ago.
"Considering that the extant living defendant is 95 years old, her ability to testify and recall the events has assuredly declined, as has her health," the court added.
In dismissing the case, the court noted that the prosecution did not contest the Marcoses' motion to dismiss.
"Wherefore in view of the foregoing, the Motion to Dismiss filed by defendants Imelda R. Marcos and the Estate of Ferdinand E. Marcos dated July 16, 2024 is hereby granted and the instant case is hereby dismissed as against them," the court concluded.
