Justice inhibits self from Marcos cases

A Sandiganbayan justice voluntarily inhibited himself from presiding over the trial of the 10 graft cases against Imelda Marcos, citing the fact that the former first lady once stood as sponsor at his son’s wedding.

Justice Godofredo Legaspi, chairman of the Sandiganbayan’s third division, offered the cases to the four other divisions of the anti-graft court for "re-raffle," because his impartiality may be questioned by the prosecution should the ruling on the lawsuits be made in Mrs. Marcos’ favor.

In a two-page resolution, Legaspi said the 73-year-old widow of dictator Ferdinand Marcos was one of the sponsors at the wedding of his son to the daughter of Gen. Bienvenido Felix. "The impartiality of Justice Legaspi might reasonably be questioned if the accused is acquitted," he said.

The Sandiganbayan is trying the cases filed by the Presidential Commission on Good Government (PCGG), where the former first lady was accused of having unlawfully held financial interests in the Vibur, Aguamina and Avertina foundations and Swiss banks while she was still minister of human settlements.

The prosecution, led by lawyer Wendell Sulit, would like the first division of the anti-graft court to handle the cases because its chairman, Justice Teresita Leonardo-de Castro, is the justice who is "most familiar" with the cases, having been a member of the Sandiganbayan third division – where the cases had been pending for many years.

In a four-page motion, prosecutors told acting Presiding Justice Chico-Nazario that "if there is any member who is most familiar with the fact of these case, as well as previous incidents and corresponding rulings, it is no less than Justice de Castro."

According to the prosecutors, De Castro had been a "regular member" of the third division, "previously headed by retired Justices Cipriano del Rosario and Anacleto Badoy and that De Castro was "consistently present in the trial" of the graft suits.

In order to prevent any further delay in the proceedings, prosecutors said, it is most logical that a justice who is familiar with the cases should be the one to handle them because other justices may have difficulty familiarizing themselves with the facts of the case.

The PCGG said Marcos also held interests in Pretorien, Cesar and ESG establishments under separate accounts in Banque Paribas. The government disclosed that the Vibur account contained $3.6 million in deposits in December 1991, while the Aguamin account contained $80.57 million.

Avertina, a consolidation of Xandy and Winthrop foundations, held P240 million in the account of one Jane Ryan, the former first lady’s pseudonym.

The country’s Anti-Graft and Corrupt Practices, prohibits government officials from holding such interests and requires them to reveal and divest all of their financial interests, which should be declared in their statement of assets and liabilities (SAL).

The PCGG said Marcos had put up the Maler, Trinidad and Palmy foundations as conduits for diversion of public funds into her overseas bank accounts.

The other lawsuits against Marcos scored the alleged management of "business ventures using government resources." as well as interfering in the grant of behest loans to the companies of the Marcoses and their cronies.