Sunday, October 16, 2011

Republic of the Philippines v. Sandiganbayan, Eduardo M. Cojuangco, et al, G.R. No. 166859, G.R. No. 169203, G.R. No. 180702, April 12, 2011.

E.O. 1; Ill-gotten wealth.  (J. Abad)

The distinction laid down by E.O. 1 and its related issuances, expounded by relevant judicial pronouncements, unavoidably required competent evidentiary substantiation made in appropriate judicial proceedings to determine: (a) whether the assets or properties involved had come from the vast resources of government; and (b) whether the individuals owning or holding such assets or properties were close associates of President Marcos. The requirement of competent evidentiary substantiation made in appropriate judicial proceedings was imposed because the factual premises for the reconveyance of the assets or properties in favor of the government due to their being ill-gotten wealth could not be simply assumed. Accordingly, the Republic should furnish to the Sandiganbayan in proper judicial proceedings the competent evidence proving who were the close associates of President Marcos who had amassed assets and properties that would be rightly considered as ill-gotten wealth.

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