The Sandiganbayan fourth division, in a resolution promulgated on January 25, 2023, denied the motion for the issuance of a writ of execution filed by the Marcoses in August 2022 due to lack of merit.
The anti-graft court also wants clarification on the status of the properties, noting that there were court decisions where the plaintiff, Republic of the Philippines, failed to sustain a valid cause of action for the reversion, reconveyance, restitution, accounting and damages and thus the properties should be released, but has yet to reach finality for execution.
“Considering that an appeal was timely filed in the instant case, the prayer for the issuance of a writ of execution under Section 1, Rule 39 of the Rules of Court cannot prosper as the judgment or order that disposes of the action is not yet final,” read the resolution, penned by Division Chairperson Michael Frederick Musngi, with the concurrence of Associate Justices Maria Theresa Mendoza-Arcega and Maryann Corpus-Mañalac.
“What remains to be determined, however, is the list of properties which are included in the dismissal of the Third Amended Complaint for failure of the plaintiff to prove its allegations by preponderance of evidence,” it added.
The Marcoses’ motion involves the properties denominated as frozen accounts, surrendered by virtue of compromise agreements, sequestered (but) not in the Presidential Commission on Good Government (PCGG) custody and sequestered under the PCGG’s control and supervision. (SunStar Philippines)