Title: RP vs. Fabian Ver et al
Respondents: Fabian Ver, Irwin Ver,Roberto Ongpin, Ferdinand E. Marcos, Imelda R. Marcos, Rexor Ver, Wyrlo Ver, Helma Ver Tuazon, Edna Camcam, Jimmy Chua also known as Chua Hang, Ratty Chua, Benito Penaloza, alias Chua Se Tat, Go Pok also known Tan Guat, Bento Tan, Catalino Coo, Wilson Chua also known as Chua Tion Kion, Peter Uy, Vao So also known as Sio Lim, Balbino Diego, Gerardo Flores (dropped), Vinnie James Vu, Guy Siu Sim also known as Sima, Arturo Pacificador, Sally See alias Sally Szel Tai Po Heung, Faida Ver Resurreccion
Court: Sandiganbayan
Nature of the case: Reconveyance, Reversion, Accounting and Damages
Date filed: 7/24/1987, Amended 10/20/87, Expanded 01/22/88, 3rd Amended 06/17/88
Summary of Complaint: In a Decision promulgated on 19 January 2012, the Sandiganbayan rendered a judgment: (1) dismissing the case against Roberto Ongpin and Wyrlo Ver for insufficiency of evidence, (2) granting the demurrers to evidence filed by Faida Ver Ressurection, Irwin P. Ver, Rexor P. Ver and Helma Ver-Tuason, and accordingly dismissed the case as against them, (3) granting the Motion to Dismiss by Way of Demurrer to Evidence filed by Go Pok and adopted by Sio Lim, Balbino Diego, Peter Uy, Edna Camcam, Jimmy Chua, Benito Penalosa and Catalino Coo, and accordingly, dismissed the case as against them due to absence of evidence, (4) dismissed the case against Fabian Ver, FM, Imelda R. Marcos, Raffy Chua, Wilson Chua, Guy Siu Sim, Arturo Pacificador, Sally See and Vinnie James Yu due to absence of evidence, (5) ordering the lifting of sequestration of the properties involved in said case.
RP’s Motion for Reconsideration dated 16 February 2012 was denied by the Sandiganbayan in a Resolution promulgated on 24 May 2013. The aforesaid dismissal was elevated to the Supreme Court via Petition for Review on 25 July 2013 under GR No. 207413 which is pending to this date.
In a Resolution dated Nov. 5, 2018, the Court
– NOTED the payment in the amount of P3,000.00 by Atty Salvador Britanico, counsel for Peter Uy in compliance with the Reso dated 13 March 2018 and the addendum (to resp Peter Uy’s comment to the petition) with motion to admit the same dated 7 July 2018.
– Considering the failure of the (1) Director of NBI to submit a report on the arrest and detention of Atty Robert A. C. Sison pursuant to the Reso and Order of Arrest dated Mach 19, 2018 and (2) Atty Jose Marcella, counsel for resp. Benito Penalosa to comply with the show cause Reso dated 19 March 2018 for failure to file comment on the petition required in the Reso dated 2 Sept 2013 and reiterated in the Reso dated 28 July 2014 and 13 Jan 2014, within the period which expired on 27 May 2018 as per postal certification, the Court resolves to (1) REQUIRE the Dir. of NBI to SHOW CAUSE why he should not be disciplinary dealth with or held in contempt for such failure and to COMPLY with the Reso and the Order of Arrest dated 19 March 2018 within 10 days and (2) IMPOSE upon Atty Marcella a FINE of P1,000.00 payable to this Court and REQUIRE him to COMPLY with the Reso dated 2 Sept. 2013 by filing the comment required therein within 10 days from notice.
Resolution dated March 4, 2019 (GR No. 207413)
- Peter Uy’s Compliance (Re: Resolution dated March 19, 2018) with Manifestation dated June 29, 2018 stating that his counsel, Atty Salvador B. Britanico, paid the fine of P3,000.00 and while his counsel failed to timely pay said fine and tof ile his comment on the petition for review on certiorari, a show cause order should have been issued first before the arrest order, as is done to other parties who were not able to timely file the comments of their respective clients; and ACCEPT said counsels explanation that he overlooked the submission of the comment due to the simultaneous resignation of his secretary and record custodiian 5 years ago whcih resulted in some records being misfiled. Adding that he is already 80 years not being at the peak of his health as he takes various medications every day; and LIFT the order of arrest issued against him.
In G.R. No. 207413, the SC in a Resolution dated June 3, 2019 awaits for Atty Jose V. Marcella’s compliance with the Resolution dated September 2, 2013 requiring him to comment on the petition for review on certiorari.
Status: Appeal (from Decision Favorable to the Respondents)
Date Entered Status : 01/19/12
Relevant Case/s: GR No. 207413
Remarks: Case dismissed on 19 January 2012. On appeal before the Supreme Court.