Title: RP vs. Andres Genito et al.
Respondents: Andres Genito, Jr. Andres Genito, Jr., Ferdinand E. Marcos (by his heirs), Imelda R. Marcos, Imelda (Imee) Marcos-Manotoc, Irene Marcos-Araneta, Ferdinand Marcos, Jr., Ludivina leonardo, Elesia Vargas, Raul Genito, Abundio P. Garrido (rep. by Pacita E.Garrido, Albert Rodenilo, and minor all surnamed Garrido), Benito Genito (rep. by Nita Genito, Andres L. Genito III, Asuncion Castillo, Norma Canonigo, Rolando Ligon
Court: Sandiganbayan
Nature of the case: Reconveyance, Reversion, Accounting and Damages
Date filed: 7/17/1987, Amended 11/17/89
Summary of Complaint: While a Petition for Certiorari (G.R. No. 169677) filed by defendant Metropolitan Bank (on the granting of plaintiff’s Motion for Separate Trial) is pending before the Supreme Court., the Sandiganbayan, in a Decision promulgated on 19 April 2012, dismissed the case for failure of RP to establish its causes of action by the quantum of proof required. RP filed a Motion for Reconsideration on 18 May 2012 which the Sandiganbayan denied in a Resolution promulgated on 21 February 2013. RP elevated the case to the Supreme Court via Petition for Review docketed as G.R. No. 205989 on 23 April 2013. Genito filed an Urgent Motion to resolve GR No. 205989 dated 9 June 2017.
Meanwhile, the Sandiganbayan issued a Resolution on 3 December 2013 denying BLMMM’s Motion for Substitution of Party with Entry of Appearance and Motion to Dismiss. BLMMM moved for reconsideration thereof but the same was denied by the court in a Resolution dated 21 January 2015. According to the court, the cause of action against Asianbank includes the dubious circumstances by which said properties were acquired, which is not present in BLMMM’s acquisition. On the motion to dismiss, the court found the same not only without merit but because its earlier decision declaring that the separate trial for Asianbank as moot and academic has not yet attained finality in view of the pending petition filed by RP with the Supreme Court. Thus, BLMMM filed a petition for certiorari before the Supreme Court dated 26 March 2015 under GR No. 216654 (this was later consolidated with GR No. 205989 in a Resolution dated 2 September 2015. In Resolution dated 31 July 2017, the court dispensed with the filing of comment of respondents Rolando Ligon, Nenita Genito and deceased respondent Norma Canonigo.
Incidentally, Resolution dated 21 January 2015 was later cancelled and set aside by the Sandiganbayan.
On 15 April 2015, the Sandiganbayan issued a Resolution granting, this time, the Motion for Reconsideration (Re: 3 December 2013 Resolution) filed by BLMMM. Accordingly, it allowed BLMMM to substitute for Asianbank or Metrobank as party defendant. In the same resolution, the Sandiganbayan also granted BLMMM’s Motion to Cancel and/or Remove Annotations found on TCT Nos. 004-2013010452 and 004-2-13-10453. RP filed a Motion for Partial Reconsideration on 18 May 2015 but was denied 11 January 11, 2016. Hence, RP elevated the denial before the SC in a Petition for Certiorari dated 8 March 2016 under GR No. 222364. Comment/Opposition was filed by BLMMM in August 2016. PCGG filed a Reply in October 2016.
CA-GR CV No. 108830 – RP rep by the DPWH vs. Sps Andres V. Genito Jr. and Ludivina L. Genito and the PCGG
OSG filed Brief for the Appellant dated Dec. 13, 2017. Sps. Genito filed Appellee’s Brief dated April 10, 2018, to which the OSG filed a Manifestation in lieu of a Reply Brief.
In G.R. No. 222364, Motion for Reconsideration dated Novembr 28, 2018 was filed by OSG praying that the Decision dated Sept. 15, 2018 be RECONSIDERED and SET ASIDE and that the Amended Resolution dated June 18, 2015 and Resolution dated January 11, 2016 be ANNULLED AND SET ASI DE and the private respondent’s Motion to Cancel Annotation be DENIED.
In a Resolution dated April 10, 2019 in GR No. 205989, the Court RESOLVED to ELEVATE the records of SB C.I.V. 0004 within 10 days from notice.
Status: Appeal (from Decision Favorable to the Respondents)
Date Entered Status : 04/12/12
Relevant Case/s: G. R. 205988
Remarks: On appeal with the Supreme Court due to dismissal by the Sandiganbayan on 19 April 2012