EN BANC
(479 SCRA 1; 515 Phil. 1)
[G.R. NO. 149802 - January 20, 2006]
ALFONSO T. YUCHENGCO AND Y REALTY CORPORATION, Petitioners, v. THE HONORABLE SANDIGANBAYAN, FOURTH DIVISION, REPUBLIC OF THE PHILIPPINES, PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, ESTATE OF FERDINAND E. MARCOS, IMELDA R. MARCOS, PRIME HOLDINGS, INC., ESTATE OF RAMON U. COJUANGCO, represented by IMELDA O. COJUANGCO, and IMELDA O. COJUANGCO, Respondents.
[G.R. NO. 150320 - January 20, 2006]
ALFONSO T. YUCHENCGO AND Y REALTY CORPORATION, Petitioners, v. THE HONORABLE SANDIGANBAYAN, FOURTH DIVISION, REPUBLIC OF THE PHILIPPINES, PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, ESTATE OF FERDINAND E. MARCOS, IMELDA R. MARCOS, PRIME HOLDINGS, INC., ESTATE OF RAMON U. COJUANGCO represented by IMELDA O. COJUANGCO, and IMELDA O. COJUANGCO, Respondents.
[G.R. NO. 150367 - January 20, 2006]
REPUBLIC OF THE PHILIPPINES, Petitioner, v. HON. SANDIGANBAYAN (FOURTH DIVISION), ESTATE OF FERDINAND E. MARCOS (represented by its Administrator, the Bureau of Internal Revenue), IMELDA R. MARCOS, PRIME HOLDINGS, INC., ESTATE OF RAMON U. COJUANGCO (represented by its Administratrix, IMELDA O. COJUANGCO), IMELDA O. COJUANGCO, ALFONSO T. YUCHENGCO, and Y REALTY CORPORATION, Respondents.
[G.R. NO. 153207 - January 20, 2006]
ALFONSO T. YUCHENGCO AND Y REALTY CORPORATION, Petitioners, v. REPUBLIC OF THE PHILIPPINES, PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, ESTATE OF FERDINAND E. MARCOS, IMELDA R. MARCOS, PRIME HOLDINGS, INC., ESTATE OF RAMON U. COJUANGCO represented by IMELDA O COJUANGCO, and IMELDA O. COJUANGCO, Respondents.
[G.R. NO. 153459 - January 20, 2006]
REPUBLIC OF THE PHILIPPINES, represented by the PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, Petitioner, v. ESTATE OF FERDINAND E. MARCOS, IMELDA R. MARCOS, IMELDA (IMEE) R. MARCOS-MANOTOC, TOMAS MANOTOC, IRENE R. MARCOS-ARANETA, GREGORIO MA. ARANETA, III, FERDINAND R. MARCOS, JR., IMELDA COJUANGCO, ESTATE OF RAMON COJUANGCO (represented by the Administratrix, IMELDA COJUANGCO), PRIME HOLDINGS, INC., ALFONSO T. YUCHENGCO, AND Y. REALTY CORPORATION, Respondents.
CALLEJO, SR., J.:
We are therefore constrained to find that the Republic's documentary evidence, to the extent that they are mere photocopies, or are otherwise unidentified, unauthenticated, and constitutive of hearsay, may not be justifiably relied upon by this Court, nor may their integrity be assumed, for their purpose of establishing the facts, or for supporting the theory pursued by the Republic.The Sandiganbayan, in fine, ruled that the Republic failed to prove by preponderant evidence that PTIC as well as the disputed shares in PLDT belonged to the Marcoses.
More particularly, there is no competent evidence to show that defendant Ferdinand Marcos had any hand in PTIC, or in the acquisition by the defendants Cojuangco in their own names of any of their shares therein. There is no competent evidence to establish or even infer, the existence of a relationship of trust between the defendants Cojuangco and defendant Ferdinand Marcos with PTIC, or to establish that presidential concessions, benefits, or other incentives that could have improved the financial and operational situation of PTIC, PLDT, and PHI, were accorded said companies by defendant Ferdinand Marcos. Accordingly, there is no competent evidence to prove the Republic's allegation that the PLDT shares herein were ill-gotten.
On the other hand, there is evidence for the defense which establishes the fact that all shares in PHI were vested upon defendant Ramon U. Cojuangco and his family. Thus documents were offered in evidence plainly naming and identifying Ramon U. Cojuangco and members of his family as assignees of PHI shares, and in the absence of blank Deeds of Assignment and/or Deeds of trust executed by stockholders of PHI, said corporation may not be said to have been organized for defendant Marcos's benefit. To reiterate, it is the existence of such blank Deeds of Assignment and/or Deeds of Trust that distinguishes corporations asserted to be owned by defendant Ferdinand Marcos from the others.
More importantly, with the assignment of PHI shares specifically to defendant Ramon U. Cojuangco and members of his family, defendant Ferdinand Marcos lost the essential legal instrumentation or mechanism upon which he could have claimed the shares in ownership or compel the reconveyance thereof to him.
Likewise, there is, by the evidence, sufficient basis to conclude that the defendants Cojuangco acquired the shares in their names in PTIC as the actual and beneficial owners thereof. In fact, based on plaintiff's own offered document, it is clear and indubitable that defendants Cojuangco were original stockholders of PTIC, hence held some of their shares therein as early as 1967. These shares have been claimed by them in actual and beneficial ownership. When defendant Ramon U. Cojuangco died on May 6, 1984, the 76,779 PTIC shares registered in his name were declared as part of his estate. 1
VICE CONSUL HERNANDEZ. –As gleaned from the deposition of Gapud, there is practically no consideration for the transfer by Gapud of his shares to Cojuangco:
So the aforesaid Deeds of Assignments obviously were with the knowledge and upon authorization and order of former President Ferdinand E. Marcos, is this correct?
MR. GAPUD. Considering that Prime Holdings, Inc. was incorporated upon the instructions of former President Marcos, obviously all the nominees would act only upon his authorization. That's my answer.
CONSUL AGUILUCHO. How much did you receive as consideration for assigning your shares to him?Deposition of de Guzman
MR GAPUD. The consideration for the assignment was that upon my assignment, first, my fiduciary responsibilities as nominee were extinguished, and secondly, I had transferred and extinguished any and all liabilities under the subscription payable.
The preponderance of evidence lies with the Republic with respect to the 111,415 shares of PTIC registered in the name of PHI. Such evidence consists of the statement of Campos as corroborated by the statements of Gapud and De Guzman.
- Cojuangco was elected President and took over the management of PHI on 1981 with the cooperation of the Marcos nominees who, it must be emphasized, still held the majority stockholding as of that date;
- As the remaining incorporators on the Board divested their shares only in 1983, Cojuangco managed a Marcos-controlled corporation for at least two years;
- The simultaneous divestment of shares by the three remaining incorporators on the Board to Cojuangco's close relatives in 1983 were with the knowledge and authorization of their Principal - President Marcos.
Annex A referred to by Campos included PHI.
- My relationship with the then President Ferdinand E. Marcos dates back to the time when he was first elected as Congressman of the then Philippine Congress. The relationship continued when he was then elected President of the Republic of the Philippines. Thereafter I assisted in the organization and acquisition of some business ventures for the former President. Following his directive I instructed my lawyers and requested the assistance of my other business associates and officers of the company to organize, establish and manage these business ventures for and on behalf of the President;
- The companies that we have organized for and on behalf of former President Marcos are listed in Annex "A" attached herewith;
- In the organization, administration and management of the abovenamed corporations, it was my policy that whenever such a corporation is organized for and on behalf of the intended beneficiaries, I execute and I require all my said business associates to execute a Deed of Trust or Deed of Assignment duly signed in favour of an unnamed beneficiary and to deliver the original copy thereof to the former President. It is in fact my policy and procedure that we disclaim completely any interest in any of such businesses and make it clear to the former President that we hold such interests on his behalf;
- In the latter part of 1979 suffered a severe heart attack and was confined in the intensive care unit of the Makati Medical Center. x x x
- Occasioned by the withdrawal of my active participation in the management of the abovenamed corporations, Mr. Rolando C. Gapud who was my financial consultant took over the direct responsibility of directing, managing and administering all the activities of the said corporations. However, since Mr. Gapud did not have the administrative staff to efficiently manage the businesses, he requested me that all the employees and officers involved in the organization should continue to remain in the companies even only in a nominal capacity considering that they had previously disclaimed any interest therein. It is for this reason that Rolando C. Gapud and my business associates, namely, Mariano K. Tan, Jose D. Campos, Jr., Luciano E. Salazar, Francisco G. De Guzman, Guillermo C. Gastrock, Ernesto S. Abalos, Gervasio T. Gaviola, Rodolfo Dimaano, Manuel Engwa, Lourdes F. Florentino, Florentin, Daniel Q. Tan and Elizabeth S. Campos continued to be named stockholders in these corporations although they did not have any financial interest therein. (Emphasis and underscoring supplied).
3. In your Sworn Statement, page 2, you stated that with respect to the corporations you held in trust for President Marcos, it was your "policy" that whenever such a corporation was organized, you executed, and you required all your business associates to execute, A Deed of Trust or Deed of Assignment in favor of an "unnamed beneficiary", and delivered the originals thereof to President Marcos. x x x Was this "policy" followed in the case of [PHI]? x x xThe admissions of Campos are judicial; hence, conclusive on him and his successors-in-interest. The same can be contradicted only by showing that it was made through palpable mistake or that no such admission was made. 2All proofs submitted by him and his successors contrary thereto or inconsistent therewith should be ignored, whether objection is interposed by him or not. 3The admissions of Campos are even admissions against interest, and, hence, trustworthy. For their part, the Cojuangcos failed to allege, much less show, that the admissions of Campos were made through palpable mistake or that no such admission was made.
ANSWER: All the corporations I organized " that was the standard policy " that we surrendered direct to President Marcos.
3.1 Was it also your policy to deliver to President Marcos the stock certificates that you and your business associates held in trust for him?
ANSWER: Yes, Ma'm.
3.2 If stock certificates that you and your business associates held in trust for President Marcos were delivered to him was it also your policy to have the stock certificates indorsed in blank? Were the stock certificates in {PHI} indorsed in blank?
ANSWER: If there are certificates issued in Prime Holdings, it is the same way it was delivered to him. If there is such certificate issued, it is indorsed in blank and follow the same pattern for all the corporations. Whatever we have decided, we deliver, sign in blank and deliver to him.
3.3. Did you and your business associates deliver to President Marcos the stock certificates issued by [PHI]" If not, what did you and your business associates do with the stock certificates?
ANSWER: If Prime Holdings certificates have been issued, as I said Ma'm, it is delivered to the President.
4. In your Sworn Statement, page 2, you also stated that "it is in fact my policy and procedure that we disclaim completely any interest" in the business organized for President Marcos and "make it clear to the former President that we held such interests in his behalf" . . . . Was this "policy and procedure" followed in the case of [PHI]? xxx
ANSWER: The policy is followed by every corporation that we organized for the President.
4.1 Did you and your business associates also "disclaim completely any interest" in ... (PTIC) and "make it clear to the former President that we hold such interests on his behalf"?
ANSWER: Ma'm, as I said, I don't know that Prime Holdings has such holdings of the PTIC shares that you referred to. ("Emphasis and underscoring supplied)
CONSUL AGUILUCHO: How much did you receive as consideration for assigning your shares to him [referring to Ramon Cojuangco]?This lack of consideration renders the acquisition by the Cojuangcos of the said PHI shares of no juridical effect.
MR. GAPUD: The consideration for the assignment was that upon my assignment, first, my fiduciary responsibilities as nominee were extinguished, and secondly, I had transferred and extinguished any and all liabilities under the subscription payable.
VICE CONSUL HERNANDEZ: Can we note your objection and let Mr. Gapud answer.Given the lack of consideration and the authority given by Pres. Marcos therefor, it would thus appear that the deeds of assignment executed by the PHI incorporators in favor of Ramon Cojuangco and his family were forged for the purpose of conveying management and control of PHI to the latter who likewise acted for and in behalf of Pres. Marcos.
So the aforesaid Deeds of Assignments obviously will be with the knowledge and upon authorization and order of former Pres. Ferdinand E. Marcos, is this correct?
MR. GAPUD: Considering that Prime Holdings, Inc. was incorporated upon the instructions of former President Marcos, obviously all the nominees would act only upon his authorization. That's my answer.
VICE CONSUL HERNANDEZ: So the deposition ends.
Endnotes:
1 Assailed Partial Decision, pp. 32-33.
2 Rule 129, Section 4, Revised Rules of Evidence.
3Cunanan v. Amparo, 80 Phil. 229.
4 Executive Order No. 14 provides that "civil suits for restitution, reparation of damages, forfeiture proceedings provided for under Republic Act No. 1379, or any other civil action under the Civil Code or other existing laws, in connection with (said EO Nos. 1 and 2) may be filed separately from and proceed independently of any criminal proceedings and may be proved by preponderance of evidence.
5Republic v. Court Appeals, 204 SCRA 160.