Sandiganbayan junks Marcos claim on Payanig property
abs-cbnNEWS.com | 11/28/2008 10:19 PM
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The Sandiganbayan has junked the Marcos family’s claim over an 18.4-hectare prime property in Pasig City, echoing similar rulings by the Supreme Court and the anti-graft court's Third Division.
In an 18-page resolution promulgated last October 31, the court's First Division dismissed a motion for intervention filed in June last year by Ilocos Norte Rep. Ferdinand ‘Bongbong’ R. Marcos Jr., the former strongman’s only son and designated special administrator of his estate.
The court said the congressman's motion was a mere duplicate of an earlier complaint filed by his mother, former First Lady Imelda Romualdez-Marcos, on August 29, 1996. The complaint by Mrs. Marcos was dismissed by the Third Division on May 26, 1998. Likewise, her appeal before the Supreme Court was denied on April 21, 2003.
Pursuant to said rulings, the Sandiganbayan declared that the motion for intervention Rep. Marcos is now barred under the principle of "res judicata" which prohibits revival of a matter that has already been ruled upon by the courts with finality on a judgment on merits.
“A close study of the reliefs sought in the complaint filed by Imelda Marcos (Civil Case No. 0168) would reveal that they are similar the reliefs sought by Ferdinand R. Marcos Jr. in the present complaint-in-intervention. Although the modes used are different, there is no mistaking the common result sought,” the Sandiganbayan pointed out.
Likewise dismissed by the anti-graft court for lack of merit was a separate motion for intervention filed by property holding firm, INTI, Inc.
The Sandiganbayan said INTI’s interest is not on the properties involved in litigation but "merely a money claim" against Ortigas and Company Limited Partnership (OCLP), one of the parties in the pending case.
“Such claim shall only arise in the event that OCLP will be able to obtain a fvorable judgment in this case (Civil Case No. 0093). Hence, the remedy resorted to by INTI is premature and its rights may be best heard in a separate proceeding,” it declared.
The Marcos claim
In his motion for intervention, the Marcos scion claimed the 18.4-hectare property was legally purchased by his father on May 31, 1968 from OCLP for P6.4 million at P40 per square meter.
The lot, bordered by Ortigas, Doña Julia Vargas and Meralco Avenues, was previously the site of the theme park Payanig sa Pasig. At present a big portion of it is occupied by Metrowalk, an upscale shopping-dining-recreation center.
Silverio and Francisco Ortigas Jr., president of Ortigas and Co., claimed former president Marcos coerced them into giving up their rights over the property for a losing price.
A copy of the Deed of Conditional Sale presented by Rep. Marcos showed that Jose Yao Campos, his godfather, represented the President in the land deal and had the land registered under the name of Maharlika Estates Corporation.
Maharlika later on changed its name to Anchor Estate Corporation. In 1971 Anchor Estate transferred its rights to the said property in favor of Mid-Pasig Land Development Corporation.
Bongbong said all three real estate firms – Maharlika, Anchor and Mid-Pasig – were created by Campos in behalf of the President.
In 1986, threatened with several graft charges and confiscation of his assets after Marcos was ousted, Campos signed a compromise deal with the PCGG.
In exchange for immunity from criminal and civil lawsuits, Campos agreed to turn state witness and surrendered to the PCGG several corporations and properties allegedly entrusted to him by Marcos including the so-called Payanig Property and the Independent Realty Corp. (IRC) Building which now houses the offices of the PCGG.
