Sandigandbayan affirms ruling for Tan, junks tycoon’s counterclaim

Lucio Tan. INQUIRER FILE PHOTO

The Sandigandbayan on Wednesday affirmed its decision dismissing the government’s claim on 60 percent of the holdings in various companies of ethnic Chinese tycoon Lucio Tan.

The antigraft court’s Fifth Division, however, junked the counter claims of Tan, his codefendants and his companies seeking payment of damages and compensation for legal expenses amounting to P900 million.

A separate counterclaim by the heirs of the late Central Bank governor Gregorio Licaros, another codefendant in the case, for P205 million was also denied.

In affirming its June 11 ruling, the Sandiganbayan said all defendants failed to prove that they suffered pecuniary loss as a result of the litigation that lasted 25 years.

It said the defendants failed to introduce evidence to prove that the state’s filing of the case against them was “a wrongful act and accompanied by bad faith.”

In the June 2012 decision, the Sandiganbayan ruled that the government’s evidence by the government against Tan and his  codefendants were inadequate, and that the testimonies, unverified affidavits and photocopied documents presented were hearsay.

The government, through the Office of the Solicitor General, immediately filed a motion for reconsideration of the decision.

The government had sought the forfeiture of 60 percent blocks of Fortune Tobacco Corp., Himmel Industries, Foremost Farms, Asia Brewery, Grandspan Development Corp., Silangan Holdings  and Dominium Realty and Construction Corp. shares, and sought another P51 billion in various damages and fees.

But the Sandiganbayan said there was neither proof that any of the Tan companies had benefited from the favors allegedly extended by the Marcos government nor evidence that any of these special favors were actually implemented.