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Sandiganbayan junks Php 267 million case against Marcoses
Sandiganbayan junks Php 267 million case against Marcoses
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Sandiganbayan junks Php 267 million case against Marcoses
by Kristan Carag27 October 2019

The Philippine government lost another forfeiture case against the late President Ferdinand Marcos and former First Lady Imelda Case. In a resolution dated Oct. 14, the Sandiganbayan Fourth Division dismissed Civil Case No. 0007, which involved the forfeiture of an estimated Php 267 million worth of alleged ill-gotten wealth of the Marcoses through spouses Fe and Ignacio Gimenez, because of insufficiency of evidence. In dismissing the case, the court also granted the demurrer of evidence filed by the Gimenezes."From the submission of mere photocopied documents, submission of unauthenticated private documents, submission of documents which are both photocopied and unauthenticated private documents, and finally, in failing to produce at the witness stand the affiants/declarants of the affidavits and declarations that it submitted in order to prevent the contents of the said documents from being treated as hearsay, it is apparent that the defects in the pieces of evidence that were presented by the Republic prevent it from successfully pursuing the present civil forfeiture case," the court explained in their resolution. Sandiganbayan also said that some of the photocopied exhibits submitted by the Philippine government as evidence 'are so poor in quality that the letters and numbers stated therein are already unreadable thereby making it impossible for the Court to discern therefrom the points being sought to be established by the Republic'. The court added that the submitted evidence have ' little or no probative value' even if their defects were disregarded. " Considering the defects present in almost all of the pieces of evidence that were submitted by the Republic, this Court finds that the Republic has failed to discharge its burden and so rules that the respective demurrers of the Spouses Gimenez should be granted," the resolution read. The Presidential Commission on Good Government (PCGG) and Office of the Solicitor General (OSG) filed Civil Case No. 0007 at the Sandiganbayan in 1987. In their complaint, they accused the Gimenezes of acting in concert with the Marcoses ' in order to unlawfully acquire, accumulate and misappropriate public funds through theft, extortion, blackmail, bribery, embezzlement and other acts of corruption'. The Sandiganbayan dismissed Civil Case No. 0007 in 2006 but, in 2016, the Supreme Court ordered the anti-graft court to re-open the case.

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