Sandigan grants brother 1 day to testify vs Lucio Tan

MANILA, Philippines - The Sandiganbayan has decided to give businessman Mariano Tanenglian no more than one day to present evidence against his brother, Lucio Tan, “whether given his immunity (from prosecution) or not” by the Presidential Commission on Good Government (PCGG).

In a three-page ruling, the anti-graft court’s fifth division, chaired by Associate Justice Roland Jurado, junked Tanenglian’s request that he be given more time because he wants to be a state witness but “in the interest of justice” set Feb. 3, 2011 as the date he will testify.

The Sandiganbayan said he has been given too much time already considering that the civil case against Tan is already 20 years old since it was filed in 1987. Tanenglian himself is a defendant in the forfeiture case.

The Sandiganbayan further stressed that Tanenglian’s application for immunity, which will allow him to testify against his brother to help prove that the latter’s assets is owned by the family of former President Ferdinand Marcos, “does not appear to have any relevance” to his defenses, contained in his answer to the complaint.

The PCGG, the complainant in the case, has already rested its case and the Sandiganbayan has repeatedly denied motions to reopen it.

“To give defendant an additional six months before he may present his evidence would further delay the disposition of this case and prejudice the administration of justice,” Jurado and Associate Justices Teresita Diaz-Baldos and Napoleon Inoturan stressed.

The justices said Tanenglian’s application for immunity – his sole basis for asking for more time to present evidence – has been pending with the PCGG since May 2009.

Among Tan’s corporations that were allegedly claimed by the Marcoses are Fortune Tobacco Corp., Asia Brewery Inc., Allied Banking Corp., Foremost Farms, Himmel Industries Inc., Grandspan Development Corp., Silangan Holdings Inc., Dominium Realty and Construction Corp. and Shareholdings Inc.