The Sandiganbayan Wednesday junked with finality the petition filed by his brother Mariano Tanenglian against business tycoon Lucio C. Tan for the reopening of the case against Tan in order to prove that his assets are owned by the Marcoses.
The anti-graft court has denied Tanenglian’s motion for reconsideration (MR) for lack of merit based on the five-page resolution of the Sandiganbayan 5th Division.
The court also junked the plea of Mariano Tan to order the Presidential Commission on Good Government (PCGG) to grant him immunity from suit if ever he testifies against his brother.
The Sandiganbayan said the MR filed by Tanenglian last March 15, 2010 did not raise any new matters which would warrant of their ruling last Feb. 12, 2010. The Sandiganbayan earlier ruled that it was without jurisdiction to direct the PCGG to act on, much less accept, the offer of defendant Tanenglian to be a witness.
Since Mariano Tanenglian was also a defendant in the case, it was absurd of him, instead of the government, to ask for the reopening of the trial. It even blamed the prosecution for failing to present all its witnesses despite being given every chance to do so during a full-blown trial.
Recently, the Anti-Graft Court opined that 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. Hence, he cannot ask for a reopening of the case.
It pointed out that Generillo cannot claim ownership over the (documents of the said case) as the said works are the result of the performance of his regularly-assigned duties, hence, ownership belongs to his employer, the PCGG.
The Marcoses claimed that they owned the 60 percent of the corporations of Tan. But the Philippine government and the Marcos cannot produce the original documents supposedly proving that Lucio C. Tan acted as dummy for Marcos.
The said 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
Posted April 30, 2010 at http://www.tribuneonline.org/metro/20100430met1.html
