Marcos family. Photo by Malacanang Photo Library

MANILA – The Sandiganbayan has dismissed the P276-million wealth forfeiture case against the late former President Ferdinand Marcos Sr., former First Lady Imelda Marcos, and their alleged crony Roman Cruz.

The Presidential Commission on Good Government (PCGG) filed the complaint on July 21, 1987, seeking to recover P276 million worth of funds and properties allegedly accumulated by the accused over the 20 years of the presidency of the former President.

In a 30-page resolution promulgated on October 4, the anti-graft court's Second Division granted the motion to dismiss filed by Imelda Marcos and the estate of the late former President.

"Clearly, there was a violation of the defendants' right to the speedy disposition of their case since the records show scarcely anything besides the plaintiff's lack of diligence in handling the case," it said.

"In its Comment, the plaintiff did not argue against the averment of the defendants about inordinate delay and due process violation. It did not oppose the move of the defendants to dismiss the case. In fact, the plaintiff tends to agree with the dismissal of the case when it emphasized that there are no more allegations against the estate of Marcos," the Sandiganbayan added.

The anti-graft court said it dismissed the 37-year-old case due to "inordinate delay."

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"They [defendants] can no longer be afforded a fair trial since the witnesses may have already died and the documentary evidence may no longer be located after more than 30 years from the filing of the complaint," it said.

"Considering that the extant living defendant is 95 years old, her ability to testify and recall the events has assuredly declined, as her health," the Sandiganbayan added, referring to the former First Lady.

The Second Division said the heirs of the late former President, President Marcos Jr., Sen. Imee Marcos and Irene Marcos-Araneta cannot competently testify on the matter since they were minors when transactions in question involving the Pinugay Estate transpired around 53 years ago.

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The Sandiganbayan said the failure of the defendants to assert their right cannot be concluded as equivalent to a waiver of their right to the speedy disposition of their case.

"The burden is not upon them [defendants] to ensure that the wheels of justice continue to turn or to expedite the pre-trial and start the trial within the bounds of reasonable timeliness," it added.