Metro Mania (CNN Philippines, February 22) — The Sandiganbayan Fifth Division has dismissed a civil case against the late dictator Ferdinand E. Marcos and his cronies for lack of evidence in supposed ill-gotten wealth amassed through dummy corporations.
In a 156-page decision promulgated on Feb. 21, the anti-graft court junked the case for reversion, reconveyance, and accounting that the government, through the Presidential Commission on Good Government (PCGG), filed against Marcos, his wife Imelda, Peter Sabido, Luis Yulo, Nicolas Dehesa, Rafael Sison, and Don Ferry. “This court finds that the plaintiff failed to prove by preponderant evidence that the properties alleged in the complaint are ill-gotten and/or was beneficially owned and controlled by former President Marcos and his family,” the Sandiganbayan said. The civil action was filed in July 1987 “to recover from them ill-gotten wealth consisting of funds and other property which they, in unlawful concert with one another, had acquired and accumulated in flagrant breach of trust and of their fiduciary obligations as public officers, with grave abuse of right and power, and in brazen violation of the Constitution and laws of the Republic of the Philippines.”However, the court noted there was no “competent evidence” to prove that the corporations in the amended complaint were dummies and the former president had a hand in them.It added there was no sufficient proof that other defendants had close associations with Marcos or any members of his family.
The Sandiganbayan said the PCGG relied on the affidavit of Rolando Gapud, a former financial adviser of Marcos. But he failed to take the witness stand, making his affidavit a hearsay.
“Plaintiff relied heavily on the affidavit of Rolando Gapud wherein it said that serving as financial advisor of the former President, he had personal knowledge that the later used his close business associates Yulo as his dummy in YKR and PIMECO,” the decision read. “While it is true that the affidavit was notarized, the general rules are that affidavits are classified as hearsay evidence, unless affiants are placed on the witness stand,” it further read.
