THE Sandiganbayan on Wednesday dismissed a civil case to recover alleged ill-gotten wealth from former president Ferdinand E. Marcos Sr. and several others.
In a 156-page decision promulgated on Feb. 21, 2023, the court junked for lack of evidence the case for reversion and reconveyance against Marcos Sr., Peter A. Sabido, Luis A. Yulo, Nicolas Dehesa, Rafael Sison and Don M. Ferry.
The court said the plaintiff failed to prove “by preponderance of evidence the material allegations contained in the amended complaint.”
The Sandiganbayan’s Fifth Division thus lifted the sequestration order for Lianga Bay Logging Co. and Yulo King Ranch.
The court said that “the evidence is lacking to show that the properties listed under Annex 1, are dummy or front corporations beneficially owned and controlled by Marcos.”
It added, “no competent evidence was submitted to show that the former president had any hand in the matter.”
The court said the plaintiff relied heavily on the affidavit of Rolando Gapud, who was not presented in court to testify on the matters alleged.
“In a replete number of case, the Supreme Court ruled that failure to put the affiant on the witness stand is fatal to the case as it renders the affidavit inadmissible under the hearsay rule,” it added.
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