THE Sandiganbayan has dismissed a PHP276-million civil case against the late President Ferdinand Marcos Sr., former First Lady Imelda Marcos, and their associate Roman Cruz Jr. due to inordinate delay and violation of due process.
In its 30-page resolution promulgated Oct. 4, the anti-graft court’s Second Division dismissed the 37-year-old case arising from Cruz’s purchase of assets, which was allegedly in connivance with the Marcoses.
In the decision penned by Associate Justice Geraldine Faith Econg, the anti-graft court granted the motion to dismiss filed by the Marcoses last July 16 after state prosecutors did not oppose the move of the defendants to dismiss the case.
“In fact, the plaintiff tends to agree with the dismissal of the case when it emphasized that there are no more allegations against the estate of Marcos,” the Sandiganbayan said.
The ruling noted that the assailed transaction involving an allegedly lopsided land swap by Cruz for the Pinugay Estate of the Government Service Insurance Corporation (GSIS) occurred 53 years ago.
Cruz was the GSIS president and general manager at the time.
The Marcos family, among other things, claimed that their constitutional right to a speedy disposition of cases has been violated by inordinate delays caused by the filing of defective complaints by the post-EDSA Presidential Commission on Good Government (PCGG).
“The length of delay is more than 30 years,” the court said, citing incidents and from the records of this case as well as by those alleged and admitted by the parties.
“It is unquestionable that the defendants have already been prejudiced by the inordinate delay. The fact that the case was filed against the defendants and pending before this court where they were made to defend themselves, secure services of paid counsel, and spend for their bail is enough trouble and prejudice to them, 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 ruling said.
The Sandiganbayan also said the former first lady, the sole living defendant in the case, is already 95 years old.
“Her ability to testify and recall the events has assuredly declined, as has her health,” it said.
“Moreover, the alleged transaction involving the Pinugay estate happened around 53 years ago, during which, the heirs of the late defendant Ferdinand Marcos would have been minors. This would give the defendants difficulty in finding testimonial and documentary evidence to prove their defense considering the time that has elapsed,” the court added.
Associate Justices Edgardo Caldona and Arthur Malabaguio concurred in the ruling. (PNA)
