SC demands Disini pay P100M over BNPP

The Supreme Court has ordered with finality the estate of the late trader Herminio T. Disini, founder of the Herdis Group of Companies, to pay government damages over the $2.3-billion mothballed Bataan Nuclear Power Plant in Morong, Bataan but the amount was reduced to 10 percent of that in the original ruling.

Disini died in 2014 due to organ failure. He was 78.

The SC affirmed its earlier decision issued in 2021. However, instead of P1 billion in temperate damages to be paid by Disini’s estate, the Court said “the amount of P100 million, or about 3.5 percent of the total money being claimed by the government, is more appropriate.”

“The original award of P1 billion represents about 35 percent of the amount being claimed by the Republic ($50,562,500). Clearly, such amount is excessive and out of proportion, and must therefore be reduced,” said the SC.

The modified resolution made public on 20 February 2024, the dispositive portion of the SC decision, which has been declared final, stated:

“Wherefore, this Court resolves to deny with finality the Republic of the Philippines’ 28 Oct. 2021 Motion for Reconsideration. Petitioner Herminio T. Disini’s Comment with Omnibus Motion as well as his Supplement to the Comment with Omnibus Motion are noted and partially granted.”

Ruling modified

“The award of temperate damages is reduced to P100,000,000. All other aspects of the assailed Decision stand. No further pleadings or motions shall be entertained in this case. Let the entry of judgment be issued immediately.”

“The resolution denied the motion filed by the government on the 15 January 2021 decision in which the motion said the estate of Disini should also pay the more than $50 million as ordered by the Sandiganbayan.”

The SC, in denying the government’s motion and modifying the ruling said: “As regards the amount of damages imposed, We find it imperative to revisit our pronouncement. To recall, We held that the Republic has duly proved by preponderance of evidence that petitioner (Disini) acquired ill-gotten wealth in the form of commissions from Westinghouse Electric Corporation and Bums & Roe Inc. by acting as their Special Sales Representative.”