Supreme Court junks government appeal on ETPI case

MANILA, Philippines - The Supreme Court (SC) has junked the appeal of the government in its bid to submit additional evidence in a civil suit against the heirs of the late strongman Ferdinand Marcos and several others in pursuit of alleged ill-gotten wealth in several corporations, including Cable and Wireless Limited in Eastern Telecommunications Philippines Inc.(ETPI).

In a resolution promulgated last March 13 but was released only yesterday, the high court affirmed its decision in December last year that dismissed the petition of Presidential Commission on Good Government (PCGG) assailing a ruling of the Sandiganbayan in February 2002.

The justices kept their 7-7 vote and dismissed the motion for reconsideration of PCGG.

SC rules provide that a petition shall be dismissed and the lower court ruling shall be affirmed in a tie vote of justices.

“After considering the arguments raised in the motion for reconsideration (of the court’s Dec. 13, 2011 decision) filed by the Republic of the Philippines (petitioner), the court resolves to deny the same for lack of merit,” the ruling stated.

The high court explained that “as stated in the last part of the Dec. 13, 2011 decision, as early as Dec. 6, 2011 the en banc already deliberated on the case and failed to arrive at a conclusive decision because of a tie vote, which resulted in the re-voting on Dec. 13, 2011 with same results. Since the Court remained equally divided after the re-voting, the Dec. 13, 2011 decision of the court prevails.”