Metro Manila (CNN Philippines, February 1) — The Sandiganbayan has denied the petition of the Marcos family to recover a number of assets, including some frozen accounts and those surrendered in favor of the national government.
In a 40-page decision dated Jan. 25, the anti-graft court’s Fourth Division said it rejected the omnibus motion for a writ of execution — filed by former First Lady Imelda Marcos and her daughter Irene Marcos-Araneta — for lack of merit.
Properties named in their plea were those forfeited through compromise agreements, as well as those sequestered by the Presidential Commission on Good Government (PCGG). The list includes a range of corporations and real estate assets.
“[T]he Court dismissed the third amended complaint with respect to the properties that ‘have already been recovered by the government or transferred to third persons not involved herein,’ or those which have been the subject of Court decisions and compromise agreements as the same were barred by res judicata under its second concept, i.e., conclusiveness of judgment and mootness. Thus, the Court can no longer rule on the said properties,” the Sandiganbayan said in its ruling, which was penned by Associate Justice Michael Frederick Musngi.
In their petition, Marcos and Araneta moved for the declaration that the properties were not ill-gotten and should be returned to their owners. They also alleged that there was “no valid contract” on the compromise agreements entered into by the PCGG.
The Marcoses also highlighted how their case was decided only after decades.
“As a consequence, the defendants have suffered greatly, mentally and emotionally, and the dissipation of seized properties causing unjust and unreasonable deprivation of their proprietary rights,” they said.
The Sandiganbayan, however, said the argument is “not a good reason” due to the several factors that contributed to the period of the proceedings.
“Such return and/or recovery should be the subject of an independent action to recover ownership, control, and/or possession of any such property/ies to be determined in a separate proceeding filed before a court of competent jurisdiction in accordance with law,” the court stressed.
The Marcos family has faced a string of cases involving allegedly ill-gotten wealth — some of which were already dismissed by the tribunal.
READ: Lawmaker wants to abolish PCGG, says body can’t work under Marcos admin
