MANILA — The Supreme Court has affirmed the Sandiganbayan's dismissal of the complaint filed by the Republic of the Philippines for the recovery of supposed P41 billion in ill-gotten wealth of the Marcoses involving business tycoon Lucio Tan.

In a decision dated October 3, 2023, the court en banc denied the petition for review on certiorari filed by the Republic for lack of merit.

The complaint filed before the Sandiganbayan in 1987, docketed as Civil Case No. 005, involves shares of stocks valued at P41.058 billion, as estimated by the Presidential Commission on Good Government in 2020.

Aside from former President Ferdinand Marcos, Sr. and his wife Imelda, the respondents in the complaint included their son President Ferdinand Marcos, Jr., and daughters Sen. Imee Marcos and Irene Araneta, among others.

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In the decision of the Sandiganbayan dated June 11, 2012, the court dismissed the complaint for the failure of the Republic to prove that the assets and properties were ill-gotten wealth because it was not shown that they originated from the government’s resources.

The Supreme Court decision noted that the testimony of Marcos Jr. on August 21, 2007 and February 13, 2018 — which the Republic used to prove its allegations of ill-gotten wealth by Marcos Sr. in relation to Tan —was hearsay.

The salient portion of the testimony of Marcos Jr. related to the supposed meetings with his father and the tycoon regarding the alleged interest of the Marcoses in Tan's businesses.

The court, however, stressed that Marcos Jr. did not have personal knowledge of the alleged 60-40 business arrangement or share transfers between and among various corporations involved in the case.

“Thus the court finds that Marcos, Jr.’s testimony is hearsay and may not be used to prove the truth of the facts asserted,” the Supreme Court said in the en banc decision penned by Associate Justice Rodil Zalameda.

The affidavit of Rolando Gapud, the supposed financial executor of Marcos Sr. and Imelda, was also dismissed as hearsay.

While the Republic insisted that Gapud’s affidavit was personally taken by former PCGG Chairman Jovito Salonga, his statement is not admissible for being hearsay.

“Gapud’s affidavit remains devoid of probative value for purposes of establishing the truth of Gapud’s claims on the alleged 60-40 business arrangement between Marcos and respondent Tan,” the court said.

The Supreme Court also noted that most of the documentary evidence relating to companies such as Fortune Tobacco, Allied Bank and other holding companies were merely copies of private documents.

“That most of the documents were in the custody of the PCGG does not make them public in character,” the Supreme Court said.

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