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Advocates Philippines
SC Denies Bid To Recover Alleged Ill-Gotten Wealth
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The Supreme Court En Banc, led by Associate Justice Rodil V. Zalameda, upheld its decision to dismiss the Republic of the Philippines' consolidated petitions for the recovery of unlawfully acquired property and ill-gotten wealth.

The case centered around allegations made by the Presidential Commission on Good Government (PCGG) against prominent figures including Lucio Tan, former President Ferdinand E. Marcos, and former First Lady Imelda R. Marcos.

The PCGG's complaint detailed various schemes and abuses of power, asserting that Marcos, Imelda, and Tan had unjustly enriched themselves through actions such as the liquidation of General Bank and Trust Company, questionable acquisitions of assets, and the sale of the controlling interest in the Development Bank of the Philippines.

The Court, however, found that the Republic failed to establish, through a preponderance of evidence, the presence of all elements of ill-gotten wealth.

The Court clarified that, under relevant laws and jurisprudence, ill-gotten wealth involves assets acquired through improper or illegal use of funds, abuse of office, or undue advantage of influence.

Despite the PCGG's efforts to substantiate its claims with documents and testimonies, the Court ruled that the evidence presented did not conclusively prove how the respondents acquired ill-gotten wealth.

The decision emphasized the necessity for the Republic to meet the burden of proof, stating, "When preponderance of evidence is required, the courts must necessarily weigh the evidence presented by the parties and determine who was able to adduce evidence more conclusive and credible than that of the other."

Furthermore, the Court highlighted that ill-gotten wealth is not confined to assets originating from the government, stating, "Private properties may likewise be considered ill-gotten if they were acquired by taking undue advantage of official position, authority, relationship, or influence."
Nov 14, 2023
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