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The Case
Before this Court is a petition for review on certiorari seeking to set aside the
Resolutions of the Sandiganbayan (First Division) dated 18 November 1991 and
25 March 1992 in Civil Case No. 0037.
Petitioner prays for the grant of the reliefs sought in its Amended Complaint, or
in the alternative, for the remand of this case to the Sandiganbayan (First
Division) for further proceedings allowing petitioner to complete the
presentation of its evidence.
Statement of Facts
o The AFP Board, in line with its mandate, investigates Major General Q.
Josephus Ramas.
o On July 1987, the AFP Board issues a resolution and findings on Ramas
alleged ill gotten wealth. It submits the following findings:
o The AFP Board finds a prima facie case against Major General Josephus
Ramas for ill-gotten wealth and unexplained wealth in the amount of
P2,974,134.00 and $50,000 US Dollars.
o The Amended Complaint also alleged that the AFP Board, after a
previous inquiry, found reasonable ground to believe that respondents
have violated RA No. 1379. The Amended Complaint prayed for, among
others, the forfeiture of respondents properties, funds and equipment
in favor of the State.
Ramas Answer:
The Sandiganbayan
o Petitioner fails to present witnesses and delays the court for over a
year.
o The records of this case are hereby remanded and referred to the
Hon. Ombudsman, who has primary jurisdiction over the forfeiture
cases under R.A. No. 1379, for such appropriate action as the evidence
warrants. This case is also referred to the Commissioner of the Bureau
of Internal Revenue for a determination of any tax liability of
respondent Elizabeth Dimaano in connection herewith.
(1.) The actions taken by the PCGG are not in accordance with
the rulings of the Supreme Court in Cruz, Jr. v.
Sandiganbayan[10] and Republic v. Migrino[11] which involve
the same issues.
Issues
1. First issue:
1. The PCGG, through the AFP Board, can only investigate the
unexplained wealth and corrupt practices of AFP personnel who fall
under either of the two categories mentioned in Section 2 of EO No. 1.
These are: (1) AFP personnel who have accumulated ill-gotten wealth
during the administration of former President Marcos by being the
latters immediate family, relative, subordinate or close associate,
taking undue advantage of their public office or using their powers,
influence x x x; or (2) AFP personnel involved in other cases of graft
and corruption provided the President assigns their cases to the PCGG.
2. Ramas case should fall under the first category of AFP personnel before
the PCGG could exercise its jurisdiction over him. Petitioner argues that
Ramas was undoubtedly a subordinate of former President Marcos
because of his position as the Commanding General of the Philippine
Army. Petitioner claims that Ramas position enabled him to receive
orders directly from his commander-in-chief, undeniably making him a
subordinate of former President Marcos.
2. Second issue:
3. Third issue:
2. Petitioner wants the Court to take judicial notice that the raiding team
conducted the search and seizure on March 3, 1986 or five days after
the successful EDSA revolution. Petitioner argues that a revolutionary
government was operative at that time by virtue of Proclamation No. 1
announcing that President Aquino and Vice President Laurel were
taking power in the name and by the will of the Filipino
people. Petitioner asserts that the revolutionary government
effectively withheld the operation of the 1973 Constitution
which guaranteed private respondents exclusionary right.
5. The correct issues are: (1) whether the revolutionary government was
bound by the Bill of Rights of the 1973 Constitution during the
interregnum, that is, after the actual and effective take-over of power
by the revolutionary government following the cessation of resistance
by loyalist forces up to 24 March 1986 (immediately before the
adoption of the Provisional Constitution); and (2) whether the
protection accorded to individuals under the International Covenant on
Civil and Political Rights (Covenant) and the Universal Declaration of
Human Rights (Declaration) remained in effect during the interregnum.
6. We hold that the Bill of Rights under the 1973 Constitution was not
operative during the interregnum. However, we rule that the protection
accorded to individuals under the Covenant and the Declaration
remained in effect during the interregnum.
The Dispositive
WHEREFORE, the petition for certiorari is DISMISSED. The questioned Resolutions of the
Sandiganbayan dated 18 November 1991 and 25 March 1992 in Civil Case No. 0037,
remanding the records of this case to the Ombudsman for such appropriate action as the
evidence may warrant, and referring this case to the Commissioner of the Bureau of
Internal Revenue for a determination of any tax liability of respondent Elizabeth
Dimaano, are AFFIRMED.