Sandiganbayan junks P267-M ill-gotten wealth case against Marcos over photocopied evidence

Sandiganbayan Fourth Division dismissed another case to recover the alleged P267.371 million ill-gotten wealth of former President Ferdinand Marcos, according to a document released this Friday.

Sandiganbayan said the evidence against the Marcos family and alleged cronies Fe Roa Gimenez and Ignacio Gimenez is not enough.

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The Philippine government is fighting the case through the Presidential Commission on Good Government and the Office of the Solicitor General.

According to the anti-graft court, the documents filed in court were photocopied and unauthenticated. Also, the witnesses who signed the affidavits and declarations failed to show up in the witness stand to prove the contents of the papers.

“Considering the defects present in almost all of the pieces of evidence that were submitted by the Republic, this Court finds that the Republic has failed to discharge its burden and so rules that the respective demurrers of the Spouses Gimenez should be granted,” the Sandiganbayan 4th Division said in a 37-page decision signed on October 14.

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Associate Justice Alex Quiroz signed the decision with concurrences from Associate Justices Reynaldo Cruz and Maria Theresa Mendoza-Arcega.

Sandiganbayan junks ill-gotten wealth case against Marcos because of defects in evidence

“Absent a clear showing that the original of these exhibits have been lost, destroyed or cannot be produced in court, the Republic’s photocopied exhibits must be disregarded, being unworthy of any probative value,” the Sandiganbayan said, citing the Best Evidence Rule.

“The Republic failed to authenticate and identify its exhibits which are private documents,” said the Sandiganbayan.

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Also this month, Sandiganbayan junks P1.05-B ill-gotten wealth case vs. Marcoses.