MANILA – The P276-million ill-gotten wealth case against the late former President Ferdinand Marcos Sr., his widow Imelda, and their associate Roman Cruz was dismissed by the Sandiganbayan due to inordinate delay.
The dismissed case, under Civil Case 0006, has accused Cruz of purchasing, in connivance with the Marcoses, assets whose values are disproportionate to their legal income.
Among those assets in the case are two residential lots and two condominium units in Baguio City; a residential building in Makati; a parcel of land and six condominium units in California, United States; and a residential land in Metro Manila.
Sandiganbayan stated in its 30-page resolution that the state prosecutors did not oppose the Marcoses’ motion to dismiss the 37-year-old case due to inordinate delay and violation of due process.
“It did not oppose the move of the defendants to dismiss the case. In fact, the plaintiff tends to agree with the dismissal of the case when it emphasized that there are no more allegations against the estate of Marcos,” the Sandiganbayan said.
The anti-graft court stated that the burden is not upon the Marcoses to ensure that the wheels of justice continue to turn or to expedite the pre-trial and start the trial within the bounds of reasonable timeliness.
“It is unquestionable that the defendants have already been prejudiced by the inordinate delay. The fact that the case was filed against the defendants and pending before this Court where they are made to defend themselves, secure services of paid counsel, and spend for their bail is enough trouble and prejudice to them,” the Sandiganbayan said.
“They can no longer be afforded a fair trial since the witnesses may have already died and the documentary evidence may no longer be located after more than 30 years from the filing of the complaint,” it added.
The court added that considering that the extant living defendant, Imelda, is 95 years old, her ability to testily and recall the events has assuredly declined, as has her health.
“Wherefore in view of the foregoing, the Motion to Dismiss filed by defendants Imelda R. Marcos and the Estate of Ferdinand E. Marcos dated July 16, 2024 is hereby granted and the instant case is hereby dismissed as against them,” the Sandigabayan said./PN
