Legal bytes: Marcos’ Ill-gotten wealth cases in the Supreme Court

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The Marcos dictatorship is a “well-entrenched plundering regime of 20 years”.Thus ruled the Supreme Court in PCGG v. Peña (GR No. L-77663, April 12, 1988) in relation to the ill-gotten

The cases applied the legal principle “whenever any public officer or employee has acquired during his incumbency an amount or property which is manifestly out of proportion to his salary as such public officer or employee and to his other lawful income and the income from legitimately acquired property, said property shall be presumed“Prima facie evidence” as defined by Black’s Law dictionary is “ evidence good and sufficient on its face, which, if unexplained or uncontradicted, is sufficient...

In these cases, the legitimate income of the Marcoses had been pegged at USD304,372.43, since they did not file any Statement of Assets and Liabilities , as required by law, from which their net worth could be determined. In Republic vs. Sandiganbayan, the Swiss deposits which were transferred to and were deposited in escrow at the Philippine National Bank in the estimated aggregate amount of US$658,175,373.60 as of January 31, 2002, plus interest, were forfeited in favor of Republic.

In Yuchengco v. Sandiganbayan, the Court ruled that the 111,415 Philippine Telecommunications Investment Corporation shares being held by Prime Holdings, Inc. bore the character of ill-gotten wealth, whether they were in the hands of Marcos or of Cojuangco. It noted that Marcos owned PHI, and that all the incorporators had acted under his direction.

 

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