Forfeiture case vs ex-DPWH exec junked, but gov’t allowed to seize one property

MANILA, Philippines – The Sandiganbayan has dismissed the government’s petition to forfeit the properties of a former Department of Public Works and Highways (DPWH) official but allowed the state to seize one property in Laguna.

According to a decision from the Second Division last January 14, the government’s petition against former DPWH Central Luzon director Romeo Panganiban and four of his relatives — including wife Fe Panganiban — was dismissed for failing to outweigh the accused’s evidence.

But even with the dismissal, one of the properties involved — a 256 square meter lot in Los Baños, Laguna worth P1.28 million — was forfeited.

“Wherefore, premises considered, for failure of the plaintiff to prove by a preponderance of evidence that the Sta. Cruz Property and Los Angeles Property are ill-gotten wealth of the defendants […] the petition against these properties are hereby dismissed,” the dispositive portion of the decision, which was written by Associate Justice Lorifel Pahimna, said.

“However, in view of the evidence preponderantly adduced by the plaintiff, the Residential house and lot covered by and described under TCT No. 307495 in the name of spouses Romeo G. Panganiban and Fe L. Panganiban […] located at the Grand Sacay Villas, Batong Malake, Los Baños, Laguna, is forfeited in favor of the government,” the court added.

The anti-graft court said that the prosecution was able to establish that the Los Baños property was ill-gotten because the property was disproportionate to his salary as a public official.

In addition to that, Sandiganbayan noted that Panganiban did not include the said property in his 1994 Statement of Assets, Liabilities, and Net Worth (SALN) even if the property was already acquired by that year.

“It can be shown from his (SALN) that he has acquired a substantial amount of property during his incumbency as the Regional Director of (DPWH),”  the court explained.

“It is also worth noting that the Los Baños Property was not reflected in his SALN for the year 1994, considering that it was acquired by Romeo Panganiban on June 28, 1994,” they added.

Meanwhile, other properties that were not forfeited include a commercial four-story building in Sta. Cruz, Laguna worth P2 million; an Ayala Alabang village house and lot worth P24.8 million; a P12.54 million house in Los Angeles, California; and a 200-meter lot in Barangay Callos, Sta. Cruz, Laguna.