Business tycoon Lucio Tan scored another legal victory after the Sandiganbayan junked the plea of a former Presidential Commission on Good Government (PCGG) lawyer to allow Tan’s brother Mariano Tanenglian to testify against him and prove that his assets are owned by the Marcoses.
In a six-page resolution of the Sandiganbayan 5th Division, promulgated on Feb. 8 and was penned by Associate Justice Roland Jurado, the court denied the reopening of the alleged graft case for lack of merit.
The anti-graft court said former PCGG lawyer Catalino Generillo is not a real party in interest and has no legal personality anymore to represent the case after he was sacked by the government to act as lawyer for the case.
“It bears emphasis that Atty. Generillo is not the real party in interest in the instant case. He has no legal personality to ask for a reopening of the trial as he does not stand to be benefited or be prejudiced by the judgment in the instant suit. Neither is he the party entitled to the avails of the suit. Hence, the Motion for Reopening of Trial must be denied,” the ruling states.
It pointed out that Generillo “cannot claim ownership over the (documents of the case) as the works are the result of the performance of his regularly-assigned duties, hence, ownership belongs to his employer, the PCGG.”
The Sandiganbayan also junked the motion for reconsideration filed by Generillo that the motion for partial summary judgment be allowed. The court ruled the issue has long been resolved by them as early as March 17, 2008.
The magistrates led by Justice Jurado, along with Justices Teresita Diaz-Baldos and Napoleon Inoturan, denied the prayer of Generillo that they must recuse themselves from handling the case for there is no legal grounds to allow it.
It pointed out that they are not relatives of any lawyer or litigants to the case or acted as guardian or executor in the present case. Thus, the plea for inhibition has no leg to stand on.
“Not one of the above instances is present which would warrant the inhibition of the magistrates in the instant case. Hence, the Respectful Motion for Inhibition must be denied,” it states.
Generillo was relieved by then Solicitor General Agnes Devanadera of handling the case against Tan after the Sandiganbayan ordered the prosecution to terminate its presentation of evidence, junking its motion asking for more time to present more witnesses.
Generillo earlier had stated with Tanenglian’s testimony it would open the doors against Tan and to roll the wheels of justice.
He said Tanenglian is a competent state witness against his brother because he was an “insider” because of his knowledge of the alleged deals between Tan and the late dictator Ferdinand Marcos.
Generillo added Tanenglian himself made transactions with Marcos. He stressed that Tanenglian was ready to testify that Lucio Tan “is a mere trustee or agent” of Marcos.
The Marcoses claimed they owned the 60 percent of the corporations of Tan. But the Philippine government and the Marcos cannot produce the originals of the documents supposedly proving that business Tan acted as dummy for the late strongman Marcos.
The corporations of Tan which were allegedly claimed by the Marcoses are Fortune Tobacco Corp., Asia Brewery Inc., Allied Banking Corp., Foremost Farms, Himmel Industries Inc., Grandspan Development Corp., Silangan Holdings Inc., Dominium Realty and Construction Corp. and Shareholdings Inc.
Source:
Charlie V. Manalo,
The Daily Tribune
February 11, 2010
Retrieved from http://www.tribune.net.ph/metro/20100211met4.html
In a six-page resolution of the Sandiganbayan 5th Division, promulgated on Feb. 8 and was penned by Associate Justice Roland Jurado, the court denied the reopening of the alleged graft case for lack of merit.
The anti-graft court said former PCGG lawyer Catalino Generillo is not a real party in interest and has no legal personality anymore to represent the case after he was sacked by the government to act as lawyer for the case.
“It bears emphasis that Atty. Generillo is not the real party in interest in the instant case. He has no legal personality to ask for a reopening of the trial as he does not stand to be benefited or be prejudiced by the judgment in the instant suit. Neither is he the party entitled to the avails of the suit. Hence, the Motion for Reopening of Trial must be denied,” the ruling states.
It pointed out that Generillo “cannot claim ownership over the (documents of the case) as the works are the result of the performance of his regularly-assigned duties, hence, ownership belongs to his employer, the PCGG.”
The Sandiganbayan also junked the motion for reconsideration filed by Generillo that the motion for partial summary judgment be allowed. The court ruled the issue has long been resolved by them as early as March 17, 2008.
The magistrates led by Justice Jurado, along with Justices Teresita Diaz-Baldos and Napoleon Inoturan, denied the prayer of Generillo that they must recuse themselves from handling the case for there is no legal grounds to allow it.
It pointed out that they are not relatives of any lawyer or litigants to the case or acted as guardian or executor in the present case. Thus, the plea for inhibition has no leg to stand on.
“Not one of the above instances is present which would warrant the inhibition of the magistrates in the instant case. Hence, the Respectful Motion for Inhibition must be denied,” it states.
Generillo was relieved by then Solicitor General Agnes Devanadera of handling the case against Tan after the Sandiganbayan ordered the prosecution to terminate its presentation of evidence, junking its motion asking for more time to present more witnesses.
Generillo earlier had stated with Tanenglian’s testimony it would open the doors against Tan and to roll the wheels of justice.
He said Tanenglian is a competent state witness against his brother because he was an “insider” because of his knowledge of the alleged deals between Tan and the late dictator Ferdinand Marcos.
Generillo added Tanenglian himself made transactions with Marcos. He stressed that Tanenglian was ready to testify that Lucio Tan “is a mere trustee or agent” of Marcos.
The Marcoses claimed they owned the 60 percent of the corporations of Tan. But the Philippine government and the Marcos cannot produce the originals of the documents supposedly proving that business Tan acted as dummy for the late strongman Marcos.
The corporations of Tan which were allegedly claimed by the Marcoses are Fortune Tobacco Corp., Asia Brewery Inc., Allied Banking Corp., Foremost Farms, Himmel Industries Inc., Grandspan Development Corp., Silangan Holdings Inc., Dominium Realty and Construction Corp. and Shareholdings Inc.
Source:
Charlie V. Manalo,
The Daily Tribune
February 11, 2010
Retrieved from http://www.tribune.net.ph/metro/20100211met4.html
