MANILA, Philippines – The anti-graft court Sandiganbayan has dismissed a 37-year-old ill-gotten wealth case against the Marcos family, citing the defendants — which includes Ferdinand Marcos Sr. and wife Imelda — “can no longer be afforded a fair trial” in a “chronology of events” that have contributed to an “inordinate delay.”

Associate Justice Geraldine Faith Econg wrote the 30-page resolution, dated October 4, 2024, noting that the defendants “can no longer be afforded a fair trial.” Associate Justices Edgardo Caldona and Arthur Malabaguio concurred.

“Scrutiny of the chronology of events in this case shows a plethora of motions for extension filed due to unpreparedness or lack of witnesses/documentary evidence, aside from pending incidents, and scheduled pre-trial cancellations contributing to inordinate delay.”

The Presidential Commission on Good Government (PCGG) filed the case on July 21, 1987, seeking the forfeiture of P276 million worth of properties from the Marcoses, a P50-billion award in moral damages, and P1 billion in exemplary damages.

The properties involved included two lots and two condominium units in Baguio City, a residential lot in Manila, and a residential building in Makati as well as a parcel of land and six condominium units in California.

Along with Marcos Sr., Imelda, another respondent is Roman Cruz — a former president of the Government Service Insurance System, and Philippine Airlines who was accused of acting as the Marcos couple’s dummy.

Both Marcoses were declared in default after failing to submit a response to the lawsuit in 1989. However, Imelda was given a chance to dispute the charges in 1992 after the court granted her request.

By September 1995, defendants had submitted their pre-trial briefs.

Imelda filed a motion to junk the case and asked for P20 billion in moral and exemplary damages and P10 million to cover her attorney’s fees. Because government lawyers failed to prioritize the case, she pointed out that most witnesses who could have testified in their defense had already passed and the documents that could support their defense have since been lost.

In the October 4 resolution, state lawyers recognized that the defendant’s right to a speedy trial had already been violated and noted that Imelda, who is currently 95 years old, could no longer have the ability to testify in court considering her age.

“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,” the court said.

Meanwhile, the plaintiff had a “lack of diligence in handling the cases” as seen in case records. The court also noted that “there are no more allegations against the Estate of the late Ferdinand Marcos” as the PCGG’s case was excluded on October 12, 2012 because the commission failed to support its claims that Cruz was Marcos’ dummy.

Other dismissed cases, forfeiture of assets

This is not the first case on the Marcoses’ ill-gotten wealth junked by the anti-graft court. In 2023, the Sandiganbayan’s Fifth Division also dismissed a case that stemmed for alleged reversion, reconveyance, and accounting against Marcos and others (Civil Case No. 0024) as well as another PCGG case seeking to recover assets and properties owned by alleged dummies (Civil Case No. 0014).

Both were junked for failing to provide pieces of evidence to back their claims against the Marcoses.

However, the Sandiganbayan had also previously barred the family from regaining control of their forfeited assets, which have been recovered by the government.

Sandiganbayan has been handling some of the cases against the family of the former dictator. A total of 28 criminal cases and 43 civil and forfeiture cases were filed against Imelda — who had been found guilty of 7 counts of graft in 2018 — at the anti-graft court from 1986 to 1995. – Rappler.com