The Sandiganbayan has junked a P102-billion forfeiture case involving the Marcos family and 11 of its cronies due to inability of the prosecution to present sufficient evidence.
“It saddens the Court that it took more than 30 years before this case is submitted for decision and yet, the prosecution failed to present sufficient evidence to sustain any of the causes of action against the remaining defendants,” the Sandiganbayan Second Division said in its ruling dated Aug. 5.
“It is settled that in civil cases, the party making allegations has the burden of proving them by a preponderance of evidence. In addition, the parties must rely on the strength of their own evidence, not upon the weakness of the defense offered by their opponent,” the court added.
The court said the the Presidential Commission on Good Government, or the government agency in charge of recovering the Marcoses’ ill-gotten wealth, failed to provide evidence on specific instances where late President Ferdinand Marcos and former first lady and Ilocos Norte Rep. Imelda Marcos were accused of being guilty of having participated in extending a loan accommodation to Aklan Bulk Carriers Inc., Fuga Bulk Carriers Inc., Coron Bulk Carriers Inc., and Ecija Bulk Carriers, Inc.; appropriated revenues derived from the operations of RPN-9, IBC-13 and BBC-2 for their own benefit and unjust enrichment and income; allowed their 11 other co-accused to hold and launder purloined funds for and in their behalf prior to remittance and credit to their overseas or foreign accounts; and participated in the establishment of the California Overseas Bank.
The court also said the PCGG also failed to provide evidence on how the other defendants acted as dummies of Mrs. Marcos in acquiring ill-gotten wealth.
Aside from the Marcoses, those covered by the dismissal were Rafael Sison, Placido Mapa, Jr., Don M. Ferry, Jose R. Tengco, Jr., Ramon Monzon, Generosa C. Olazo, Cynthia Cheong, Ma. Luisa E. Nograles, Leopoldo Vergara, Jose L. Africa and Rodolfo Arambulo.
