Sandiganbayan OKs gov’t appeal over junking of P1-B civil case vs Marcoses

first_imgPresident Ferdinand Marcos and his family. Photo by Malacanang Photo Library The Sandiganbayan on August dismissedthe P102 billion ill-gotten wealth case against the Marcoses under Civil Case0034 after the Presidential Commission on Good Government (PCGG)—the governmentagency in charge of recovering the Marcoses’ ill-gotten wealth—failed topresent evidence against the respondents./PN “Accordingly, the defendants are given10 days to file an opposition to the motion for reconsideration (Re: Decisiondated Aug. 5, 2019),” the anti-graft court added. The anti-graft court cited the SupremeCourt ruling on Marylou Cabrera against Felix Ng, which states the notice ofhearing requirement is not “a hard and fast rule” and it may be relaxed as longas the parties are given the opportunity to be heard. The Sandiganbayan Second Divisiongranted the prosecutors’ motion for reconsideration on the dismissed case as itis accordance to due process.  “Wherefore,premises considered, the motion for reconsideration (Re: Resolution dated Sept.13, 2019) filed by the Republic of the Philippines is hereby granted. TheResolution dated Sept. 13, 2019 is hereby reversed and set aside, andplaintiff’s motion for reconsideration (Re: Decision dated August 5, 2019) isgiven due course,” the anti-graft court said. “The government’s motion forreconsideration on the anti-graft court’s September decision disallowing thefiling of the motion for reconsideration cannot be considered as a secondmotion for reconsideration as it “does not assail the Decision dated August 5,2019 [junking the case] but seeks the reversal of the Resolution dated Sept.13, 2019,” the anti-graft court added. “It is undisputed that the Motion forReconsideration (Re: Decision dated August 5, 2019) was laden with proceduraldefects for failure to comply with the requirements of Rule 15. Although theinadvertence of the plaintiff’s counsel is not a compelling or sufficientreason to relax the rule, the Court is of the view that the defendants’ rightto due process will not be impinged should the Court act on the earlier motionas they will still be given an opportunity to study and meet the argumentstherein for full review and appreciation by the Court,” the Sandiganbayan said. MANILA – The Sandiganbayan gave thegovernment a go-signal to appeal the dismissal of a P102 billion ill-gottenwealth case against former President Ferdinand Marcos and his wife, formerFirst Lady Imelda Marcos and 11 other cronies.last_img

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