Supreme Court clears Marcos cronies of criminal liability in ABS-CBN takeover

MANILA, Philippines - The Supreme Court (SC) has cleared with finality several cronies of the late strongman Ferdinand Marcos from criminal liability in the illegal takeover of television station ABS-CBN during martial law.

In an 11-page resolution penned by Associate Justice Antonio Eduardo Nachura, the special third division of the SC affirmed its October 2008 decision dismissing the petition of the Lopez family, owner of ABS-CBN, against the late Roberto Benedicto, his lawyer Miguel Gonzales, Exequiel Garcia, comptroller of Kanlaon Broadcasting System; and the late Salvador “Buddy” Tan, general manager of KBS.

The Court instead reaffirmed the earlier decision that there was no grave abuse of discretion on the part of the Office of the Ombudsman in clearing Benedicto and the KBS officers, contrary to the allegation of the Lopezes.

The Lopez family is seeking to prosecute the respondents for violating the provisions of the Revised Penal Code (RPC) such as Article 298 (Execution of Deeds by Means of Violence or Intimidation); Article 315 (estafa); Article 308 (theft); Article 302 (robbery); Article 312 (Occupation of Real Property or Usurpation of Real Rights in Property; and Article 318 (other deceit).

The Court, in its 2008 decision, held that the claim of the Lopezes that the letter agreement they signed with Benedicto’s group on June 8, 1973 was against their will and had no basis.

Under the agreement, ABS-CBN conveys to Kanlaon Broadcasting System, the umbrella organization of the Benedicto Group of broadcasting companies that included Radio Philippines Network (RPN), by way of lease its television and radio equipment (excluding TV channels and radio frequencies) and its premises at the ABS-CBN Broadcast Center, Bohol Avenue in Quezon City.

The agreement further said that RPN would pay ABS-CBN monthly rent, which is reasonable compensation for use of the leased facilities.

In its motion for reconsideration, the Lopez family insisted that the execution and validity of the letter-agreement are irrelevant to ascertaining the criminal liability of the respondents, thus, the issue as to whether the agreement was ratified or not is immaterial to the case.

The Lopez family further stressed that Benedicto and Tan should not be dropped as respondents because of their untimely demise while the case was pending.