DAVAO CITY — The Sandiganbayan has dismissed a PHP 276-million civil case against the late President Ferdinand Marcos Sr., former First Lady Imelda Marcos, and their associate Roman Cruz Jr., citing inordinate delay and violations of due process.
In a 30-page resolution issued on October 4, the anti-graft court’s Second Division dismissed the case, which had been pending for 37 years and was related to the purchase of assets by Cruz, allegedly in collusion with the Marcoses.
The decision, penned by Associate Justice Geraldine Faith Econg, followed a motion to dismiss filed by the Marcoses on July 16, which was not opposed by state prosecutors. The court noted that the plaintiffs appeared to agree with the dismissal, emphasizing that there were no remaining allegations against the Marcos estate.
The ruling highlighted that the transaction in question, involving a questionable land swap conducted by Cruz for the Pinugay Estate of the Government Service Insurance Corporation (GSIS), took place 53 years ago. At that time, Cruz served as the GSIS president and general manager.
The Marcos family argued that their constitutional right to a speedy resolution of cases had been violated due to the prolonged delays caused by defective complaints filed by the post-EDSA Presidential Commission on Good Government (PCGG).
The court observed, “The length of delay is more than 30 years,” detailing instances from the case records and acknowledging the admissions by both parties. It noted that the defendants had been prejudiced by the delay, stating, “The case was filed against the defendants and pending before this court, forcing them to defend themselves, hire legal counsel, and incur bail expenses. This situation has made a fair trial increasingly unlikely, as witnesses may have died and relevant documents may be lost after more than three decades.”
The ruling also pointed out that Imelda Marcos, the only surviving defendant, is now 95 years old. The court remarked on the decline in her ability to testify and recall events, as well as her health.
Furthermore, the court noted that the alleged transaction occurred 53 years ago, during which the heirs of the late Ferdinand Marcos would have been minors, complicating their ability to gather testimonial and documentary evidence for their defense given the time that has elapsed.
Associate Justices Edgardo Caldona and Arthur Malabaguio concurred with the ruling.
