Vol. XXII, No. 91 [ BusinessWorld Online ]
Monday, December 1, 2008 | MANILA, PHILIPPINES
THE SON of former President Ferdinand E. Marcos has appealed a court ruling over a prime property dispute in Ortigas Center, Pasig City.
Ilocos Norte Rep. Ferdinand R. Marcos, Jr. (2nd district) asked the Sandiganbayan to reconsider its decision junking the lawmaker’s motion for intervention in the ownership dispute over 18.4 hectares of prime property in what previously known as "Payanig sa Pasig."
The property has since been fully developed into a commercial strip now known as Metrowalk bounded by Ortigas, Meralco and Doña Julia Vargas avenues.
In his 12-page motion filed on Nov. 27 before the first division, Mr. Marcos said that there had been no previous ruling on his family’s claim.
"Hence, the principle res juridicata does not apply," Mr. Marcos said, referring to a legal principle barring re-litigation of a case previously ruled upon with finality.
On Oct. 31, 2008, the Sandiganbayan invoked res juridicata in dismissing Mr. Marcos’ motion for intervention, noting that the lawmaker sought similar cases under Civil Case (CC) 0169 filed in 1996 by hi mother, former first lady Imelda R. Marcos.
CC 0168 was dismissed by the third division in 1998 and eventually by the Supreme Court in 2003 on an appeal by Mrs. Marcos.
However, Mr. Marcos said CC 0168 was dismissed due to technical grounds, thus the res juridicata Sandiganbayan did not address his motion for intervention.
"CC 0168 was dismissed in the Sandiganbayan principally because of the unresolved issue of representation of the estate of the late President Marcos, and it was thrown out by the Supreme Court for late filing and for lack of proof of service," he said. "Res juridicata does not apply in this instance because not all of its requisites are present. There was no judgment on the merits," Mr. Marcos added.
The Marcoses are seeking permission from the anti-graft court to jointly litigate CC 0093 (Ortigas and Co. Ltd. Partnership vs. PCGG) and 0147 (Ricardo S. Silverio vs. PCGG).
On Oct. 27, 2008, the Court of Appeals sided with the Presidential Commission on Good Government (PCGG), which argued that the former "Payanig sa Pasig" had been relinquished to the government in 1986 by Marcos crony Jose Yao Campos.
Mr. Campos used to be the owner of the controlling stake in Mid-Pasig and Independent Realty Corp., which owns the property. After the overthrow of President Marcos in 1986, Mr. Campos voluntarily surrendered the asset in exchange for immunity from suit. — Jhoanna Frances S. Valdez
