The coco levy funds decision

ABS-CBN News

Posted at Apr 13 2011 03:43 PM | Updated as of Apr 14 2011 12:15 AM

MANILA, Philippines - The Supreme Court has ruled that the stake of businessman Eduardo "Danding" Cojuangco in diversifying conglomerate San Miguel Corp. was not acquired using coco levy funds.

In a 73-page decision penned by Associate Justice Lucas Bersamin, the Court en banc dismissed the petition filed by the Presidential Commission on Good Government (PCGG), seeking the reversal of the 2007 Sandiganbayan ruling, which declared that Cojuangco did not use coco levy funds to acquire 20% of San Miguel.

The Supreme Court said the government, through PCGG, failed to present evidence that would substantiate its allegation that Cojuangco’s shares in San Miguel are part of the ill-gotten wealth of late dictator Ferdinand Marcos and his family.

At the same time, it affirmed Sandiganbayan's order lifting the writ of sequestration over the said block of shares, saying this did not constitute grave abuse of discretion.

You may find below the votes of the Justices, as well as the promulgation and dissenting opinion.

PCGG petition on reversal of 2007 Sandiganbayan ruling on coco levy funds: HOW THE JUSTICES VOTED

 
 
 
 
CORONA, Renato
Chief Justice
 
CARPIO, Antonio
 
CARPIO-MORALES, Conchita
Vote to dismiss case   Abstained
One of the petitioners to declare the coco levy fund public funds
  Dissenting vote
 
 
 
 
 
 
 
 
 
VELASCO, Presbitero
 
NACHURA, Eduardo
 
LEONARDO-DE CASTRO, Teresita
Vote to dismiss case   Abstained
Signed pleadings pertaining to the coco levy funds during his stint as solicitor general
  Vote to dismiss case
 
 
 
 
 
 
 
 
 
BRION, Arturo
 
PERALTA, Diosdado
 
BERSAMIN, Lucas
Dissenting vote   Abstained  

Vote to dismiss case; Ponente

 
 
 
 
 
 
 
 
 
DEL CASTILLO, Mariano
 
ABAD, Roberto
 
VILLARAMA, Martin Jr.
Vote to dismiss case   Vote to dismiss case   Vote to dismiss case
 
 
 
 
 
 
 
 
 
PEREZ, Jose
 
MENDOZA, Jose
 
SERENO, Maria Lourdes
Vote to dismiss case   Dissenting vote   Dissenting vote

FOR DOWNLOAD

Decision (Bersamin, ponente)
Disenting Opinion (Carpio-Morales)
Dissenting Opinion (Brion)