Not enough evidence: SC affirms Lucio Tan’s win vs gov’t in P51-billion claim

MANILA, Philippines– The Supreme Court (SC) affirmed a 2012 ruling of the Sandiganbayan effectively ending the Philippine government’s claim on 60% of the holdings of taipan Lucio Tan in his various companies.

The 62-page SC en banc decision penned by Associate Rodil Zalameda dated October 3 and uploaded online on Tuesday, November 14, also junked the Philippine government’s petition for damages and legal fees amounting to P51 billion.

The High Court said there was insufficient evidence to support allegations that Tan amassed ill-gotten wealth through his ties with late dictator Ferdinand E. Marcos.

Tan and Marcos, as well as former first lady Imelda Marcos and 23 other people were named as respondents to the consolidated cases lodged by the Presidential Commission on Good Governance (PCGG) nearly four decades ago. An amended complaint filed in 1992 included 18 of Tan’s companies in the case.

The SC said the government failed to establish all elements of ill-gotten wealth and some evidence presented are “even of doubtful admissibility.”

“None of the pieces of evidence relied upon by the Republic was successful in establishing the manner by which respondents allegedly acquired ill-gotten wealth. It was not shown, through these pieces of evidence, if and how respondents took undue advantage of their office, authority, influence, connections, or relationship,” the SC said. (READ: As Philippine president, Marcos could control hunt for his family’s wealth)

State lawyers presented evidence that Imelda Marcos claimed ownership of 60% of several of Tan’s companies, but the SC said this was merely hearsay and she was never cross-examined about it.

The High Court also ruled inadmissible Tan’s disclosures submitted to former PCGG chairman Jovito Salonga made in 1986, since it was not authenticated by Tan.

“Since respondent Tan did not take the witness stand to testify on the contents of his Written Disclosure, the statements therein are considered hearsay and inadmissible in evidence,” the decision read.

President Ferdinand Marcos Jr. testified in court to deny his late father and Tan discussed business deals, but the SC likewise ruled that it was also hearsay, noting he had no knowledge of the transactions. (READ: Nine ways the Marcoses stole public funds)

“After due consideration of the foregoing, it is clear that Marcos, Jr. does not have personal knowledge of the alleged 60-40 business arrangement or the share transfers between and among the various corporations. It does not appear that he was privy to any of these transactions.” –Rappler.com