The Sandiganbayan has affirmed its dismissal of a civil case involving companies alleged to have been established using coco levy funds.
In a resolution promulgated on July 31, 2023, the anti-graft court’s second division denied the motion for reconsideration filed by the government.
In the same resolution, the anti-graft court granted the motion to dismiss filed by the Coconut Producers Federation Inc. (COCOFED), Coconut Investment Co. (CIC), and Cocofed Marketing Corp. (COCOMARK) on May 16, 2023, due to “inordinate delay in court proceedings.”
“In view of the foregoing, as the plaintiff (Presidential Commission on Good Government) did not raise any new argument to convince this court that its ruling is erroneous or contrary to the law or evidence, its motion for reconsideration must be denied for lack of merit,” the court said in the resolution written by Associate Justice Arthur Malabaguio; and concurred by division chairman Oscar Herrera, Jr. and Associate Justice Edgardo Caldona.
Civil Case 0033-B was filed in 1987 against the late Eduardo “Danding” Cojuangco and other defendants for the recovery of the supposed ill-gotten wealth of the Marcoses.
In its ruling, the anti-graft court maintained that the constitutional rights to due process and speedy disposition of cases of the three companies were violated.
It cited the failure of the PCGG to appear in pre-trial proceedings “countless times,” the most recent of which was on November 13, 2000.
The Sandiganbayan also cited the Supreme Court decision dated April 18, 2021 which granted the petition of Cojuangco to dismiss the cases for violation of his constitutional right to due process and speedy disposition of cases
The ruling of the Supreme Court also ordered the anti-graft court from taking further proceedings in Civil Case 0033-B and other related cases.
“Accordingly, on account of plaintiff’s clear and vehement failure to provide sufficient justifications for the delay, the civil case filed against Cocofed, et al., should be abated and dismissed,” the court said.