The government’s anti-graft court has junked the two civil cases against Chief Presidential Legal Counsel Juan Ponce Enrile, the late tycoon Eduardo “Danding” Cojuangco Jr., former President Ferdinand Marcos Sr., former First Lady Imelda Marcos, and several others in relation to their alleged ill-gotten wealth.
The Sandiganbayan said the original case “was a civil action for the recovery of ill-gotten wealth allegedly acquired by the defendants through the misuse and appropriation of the Coco Levy funds,” ABS-CBN News reported.
The Presidential Commission on Good Government (PCGG) filed the civil suits on July 31, 1987.
In a resolution promulgated on December 6, 2024, the Second Division’s dismissal of Civil Cases No. 0033-A and 0033-F came after the government’s withdrawal of the cases.
“WHEREFORE, premises considered, plaintiff’s manifestation and the attached PCGG Resolution to the effect that it is no longer pursuing the remaining causes of action for damages against the defendants in Civil Cases Nos. 0033-A and 0033-F is NOTED,”the resolution stated.
“Civil Case No. 0033-A is hereby DISMISSED with prejudice as between plaintiff Republic and the defendants therein, due to the withdrawal of plaintiff Republic,” it added.
The PCGG in a resolution stated that it “will no longer pursue its claim for the actual, moral, temperate, nominal and exemplary damages as prayed for” in its third complaint.
The anti-graft court cited Section 2 Rule 17 of the Rules of the Court.
“In the PCGG Resolution, attached to the said motion, plaintiff clearly and unequivocally states that it will no longer pursue the claims for damages in these cases. It is a hornbook rule that it is not the caption of a pleading but the allegations thereat that determines its nature,” the resolution stated.
“As such, this Court rules that plaintiff Republic’s Manifestation and Motion dated July 15,2024, which amounts to a motion to withdraw, must be granted,” it said.
During a July 2024 hearing, there were no objections from the defendants so the anti-graft court granted the withdrawal of the remaining causes for action of damages.
Civil Case No. 0033-A involves the alleged anomalous purchase and use of First United Bank, now known as United Coconut Planter’s Bank, by Cojuangco Jr. in 1975.
The complaint alleged that Cojuangco Jr. “took advantage of his association and acted in unlawful concert” with the Marcoses to use the Philippine Coconut Authority (PCA) and the Coconut Consumers Stabilization Fund (CCSF) in the purchase of 72.2 percent capital stock of First United Bank, later converted to United Coconut Planters Bank.
