Sandiganbayan gives Marcos family another chance to present evidence vs ill-gotten wealth case

THE Sandiganbayan today allowed the family of President-elect Ferdinand “Bongbong” Marcos, Jr. to present evidence for their defense against the ill-gotten wealth case filed against them in 1987.

In a 13-page resolution, the anti-graft court junked the motion by government prosecutors to declare that the Marcos family waived their right to offer evidence since they failed to appear during the hearing held last August 13, 2019.

The Sandiganbayan said that it is also the right of the Marcos to be given a chance to air their side and be heard in the interest of justice.

Admittedly, defendant Marcos, Jr. et. al. did not attend the hearing dated 13 August 2019 set for the presentation of defendants’ evidence. However, in the higher interest of substantial justice, and, considering the nature of the case where defendants stand to lose their properties, the Court denies the instant motion and hereby gives the defendants another chance to present their evidence in support of their defense,” the Sandiganbayan resolution said.

To allow the defendants to present their evidence and proceed with the trial of the case would be in furtherance of seeking the truth. Court litigants are primarily for the search of truth, and a liberal interpretation of the rules by which both parties are given the fullest opportunity to adduce is the best way to ferret out the truth,” the anti-graft court’s resolution adds.

The Sandiganbayan emphasized that the disposition of justice and vindication of legitimate grievances should not hindered by mere technicalities.

The anti-graft court made mention of the Supreme Court’s decision on Regalado Samartino vs. Leonar Raon et. al. case, where the court allowed a more liberal interpretation of regulations.

It is more in accord with justice that a party-litigant is given that fullest opportunity to establish the merits of his claim of defense than for him to lose his life, liberty, honor or property on mere technicalities,” the Sandiganbayan pointed out.

Truly, the rules of procedure are intended to promote substantial justice, not to defeat it, and should not be applied in a very rigid and technical sense. Wherefore, premises considered, the Motion to Declare Defendants to have Waived their Right to Present Evidence, filed by the plaintiff Republic of the Philippines, represented by the Presidential Commission on Good Government through the Office of the Solicitor General, is hereby denied,” the resolution said.

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