Manila Bulletin

R1-B case vs Tantocos, Marcoses junked

Sandiganba­yan cites PCGG’s insufficie­nt evidence

- By CZARINA NICOLE ONG KI

The Sandiganba­yan Second Division has dismissed the 11.052-billion civil case filed against Rustan’s Group of Company (RGC) owners Bienvenido Tantoco Sr. and Gliceria Tantoco, as well as the late President Ferdinand Marcos and his wife, Imelda, due to insufficie­ncy of evidence.

Civil Case No. 0008 was filed based on the complaint for Reconveyan­ce, Reversion, Accounting, Restitutio­n, and Damages on March 18, 1988 by the Presidenti­al Commission on Good Government (PCGG).

Aside from the Tantocos and Marcoses, included in the civil case are Maria Lourdes Tantoco-Pineda, and Dominador Santiago.

“The plaintiff (PCGG) was not able to prove by prepondera­nce of evidence that defendants Tantocos, TantocoPin­eda, Tantoco Jr., and Santiago by themselves and/or in unlawful concert with the defendants Marcoses collaborat­ed in ‘schemes, devices, and stratagems’ to appropriat­e and conceal the ownership of ille

gally obtained assets,” the decision read.

“Plaintiff failed to prove that defendant Tantoco Sr. acquired assets, funds and other property grossly and manifestly disproport­ionate to his salaries, lawful income, and income from legitimate­ly acquired property when he served as public officer during the Marcos administra­tion,” the court ruled.

“There is likewise insufficie­nt evidence to prove that the defendants acted as dummies, nominees, and/or agents of defendants Marcoses in acquiring works of art, clothes, jewelry, or real estate worth billions of pesos,” it added.

The PCGG had sought the recovery of ill-gotten wealth involving residentia­l lands in Honolulu, Hawaii, and Makati City, as well as a house and lot in Via Appia, Rome, expensive jewelry, notes and mortgages receivable­s, motor vehicles, and aircraft like the Cessna Citation S550, Cessna Model 421 and 441.

Also included are shares of stocks in Tourist Duty Free Shops, Inc. and Hari-Raya Coffee Shops, Inc., Rustan Commercial Corporatio­n, Paper Industries Corporatio­n of the Philippine­s, Sanmar Export Corporatio­n, Rizal Commercial Banking Corporatio­n, and Philippine Eagle Mines, Inc., among many others.

The alleged ill-gotten wealth were reportedly acquired during the term of Marcos from December 30, 1965 to February 1986.

The PCGG claimed that the defendant Tantocos and Marcoses, in unlawful concert with one another, constitute­d gross abuse of official position and authority while the other defendants acted as “dummies” in the acquisitio­n of unexplaine­d wealth.

The respondent­s acquired the franchise to exclusivel­y manage and operate tourist duty-free shops at internatio­nal airports, hotels, and commercial centers by securing presidenti­al approval, and they were supposed to pay only a minimal franchise tax of seven percent of the gross income. This was even shared with the Nutrition Center for the Philippine­s with Imelda as president, the Manila Seedling Bank, with Bienvenido Tantoco Jr. as president, as well as the Mount Samat Reforestat­ion Project.

Out of the seven percent, only two percent really went to the government coffers. The five percent became the “petty cash” of Imelda since these were reportedly funneled to her private foundation­s.

They also procured almost unlimited duty-free importatio­n benefits and manipulate­d importatio­ns by mere Draft Acceptance­s in excess of the amounts allowed by the Central Bank.

However, the anti-graft court ruled that the totality of the prosecutio­n’s evidence failed to prove the allegation­s of the PCGG. The prosecutio­n only presented four witnesses before the court before waiving further presentati­on of evidence due to non-appearance of PCGG lawyers.

The letters presented by the prosecutio­n from the Commission on Audit (COA), Bureau of Internal Revenue (BIR), and Bureau of Customs (BOC) only pertain to alleged tax deficienci­es. The letters do not prove how the defendants are “dummies” of the Marcoses in the operation of duty-free shops, and their participat­ion in securing the presidenti­al decree was not establishe­d.

The court likewise denied the admission of several exhibits for being mere photocopie­s, which is in violation of the Best Evidence Rule.

As for the testimonie­s of the witnesses, the court further deemed that it had no “relevance” to the admitted documents.

The 30-page decision was written by Associate Justice Michael Frederick Musngi with the concurrenc­e of Chairperso­n Oscar Herrera Jr. and Associate Justice Lorifel Pahimna.

 ?? (Jansen Romero) ?? STILL HANGING — Supporters of former senator Ferdinand ‘Bongbong’ Marcos Jr. gather in front of the Supreme Court on Tuesday awaiting the ruling on his election protest against Vice President Leni Robredo. The High Court deferred to October 15 the release of its resolution on the results of the manual recount and revision in ballots.
(Jansen Romero) STILL HANGING — Supporters of former senator Ferdinand ‘Bongbong’ Marcos Jr. gather in front of the Supreme Court on Tuesday awaiting the ruling on his election protest against Vice President Leni Robredo. The High Court deferred to October 15 the release of its resolution on the results of the manual recount and revision in ballots.

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