Title: RP vs Geronimo Velasco et al.
Respondents: Geronimo Velasco, Ferdinand Marcos, Imelda Marcos, Epifanio Verano (dropped as party defendant), Alfredo de Borja
Court: Sandiganbayan
Nature of the case: Reconveyance, Reversion, Accounting and Damages
Date filed: 07/17/87, Amended 10/12/87
Summary of Complaint: In a Decision dated 16 June 2011, the Sandiganbayan dismissed the case filed by RP against defendants for failure of the latter to prove by preponderance of evidence the causes of action against the defendants with respect to ill-gotten wealth. RP appealed before the Supreme Court.
Thus, in a minute Resolution promulgated on 28 July 2014 in GR No 199323, the Supreme Court denied RP’s Petition for Review for failure of the latter to sufficiently show that the Sandiganbayan committed any reversible error in dismissing the latter’s complaint for reversion, reconveyance, restitution and accounting. According to the court, RP failed to prove by preponderance of evidence that respondent Velasco was a “close associate”contemplated under EO Nos. 1, 2, series of 1986, considering that this appointment as Cabinet Member during the Marcos Administration did not, by itself, immediately make him a close associate of former President Marcos; the determination by the Sandiganbayan of the equiponderance or insufficiency of evidence involved its appreciation of evidence which must be respected absent as clear showing that it was arrived at whimsically or capriciously.
In a Resolution dated 3 December 2014 which PCGG recieved on 13 March 2015, the SC denied with finality RP’s Motion for Reconsideration. Also, in a Decision promulgated in GR No. 187448 on 9 January 2017, the Supreme Court affirmed the Sandiganbayan Resolutions dated July 31, 2008 and March 25, 2009 which granted Alfredo de Borja’s Demurrer to Evidence. The court ruled that the evidence adduced by the Republic to prove the alleged complicity of de Borja with the required quantum of evidence is wholly insufficient to support the allegations in the complaint in Civil Case No. 0003.
Manifestation with Motion to Set the Case for Marking of Exhibit and to Hold in Abeyance the Filing of the Formal Offer of Evidence dated October 10, 2017. Hearing on October 13, 2017 at 130 pm
Formal Offer of Evidence for the Defendants dated November 24, 2017.
In a Resolution dated 28 May 2018, the Court noted the letter of transmittal from the Supreme Court of the Entry of Judgment of its Decision in G.R. No. 187448 affirming the Sandiganbayan’s Resolutions dated 31 July 2008 and 25 March 2009, which decision became final and executory on 1 March 2017.
Status: Final in Favor of Respondents
Date Entered Status : 03/11/15
Relevant Case/s: G. R. 199323
Remarks: Dismissed by the Supreme Court on 28 July 2014.