Junking of government claim to P220-M Marcos deposits upheld

MANILA, Philippines – The Sandiganbayan has reaffirmed its dismissal of the government’s claim to the P220-million Marcos deposit in Security Bank and Trust Co. (SBTC).

In a seven-page resolution promulgated on Wednesday, the anti-graft court’s 5th Division denied the government’s motion to reconsider its decision of May 29, 2007 to dismiss the case filed by the Presidential Commission on Good Government (PCGG) for lack of merit.

“The issues therein raised by the plaintiff had already been passed upon and discussed in detail by this Court in its assailed decision dated May 29, 2007,” read the decision.

“As such, we find no cogent or compelling reason to reconsider our findings in the said decision.”

In its motion, the government said the SBTC still owes it P200 million – the balance from the P981,407,841.75 total sequestered amount deposited in the bank.

However, the Sandiganbayan said the government “miserably” failed to prove ownership of the deposits.

Records showed the bank, through then senior vice president Arcatomy Guarin, admitted on Oct. 29, 1987 that it was holding P981.41 million in various accounts of the Marcos family, some of which were dollar-denominated, the court added.

The SBTC secured a concession from the government that it will not withdraw the Marcos funds at once but only in installments, the anti-graft court said.

The decision was penned by Associate Justice Roland Jurado.

Other members of Sandiganbayan 5th Division are Associate Justice Ma. Cristina Cortez-Estrada, chairwoman; and Associate Justices Teresita Diaz-Baldos, Samuel Martires and Norberto   Geraldez.

On May 29, 2007 the 5th Division voted 3-2 to dismiss the government claim on the Marcos ill-gotten wealth filed by the PCGG.

On the testimony of retired bank officer Rowena Gallardo about the spurious telex remittances, the graft court had already ruled they cannot be considered hearsay.

PCGG lawyers said Gallardo’s testimony has no probative value for being hearsay.

However, the anti-graft court said Gallardo testified on the result of their audit-investigations of the bank as an auditor, and she need not have personal knowledge of all the previous bank transactions.

There was no need for Gallardo to be an employee of SBTC to discover spurious telex remittances, the court added.

The Sandiganbayan said the government was given the opportunity to cross-examine Gallardo, but waived its right to do so.

Photocopies of the documents presented by SBTC were given probative value as the government did not deny that these were in the bank’s possession for over 20 years, even before the case was brought to Court, the court added.    

The anti-graft court said the certificate of deposit clearly states: “The deposits are subject to the resolution of the claim of Security Bank of roughly P220 million against the foregoing sequestered deposits resulting from spurious incoming telex payment orders credited to the foregoing amounts.”

The inclusion of this statement in the certificate explicitly shows that SBTC has been asserting its claim against the government and it cannot be said that there was silence or inaction on its part about the discrepancies, the court added. – Sandy Araneta