The Supreme Court (SC) granted a petition by the Presidential Commission on Good Government (PCGG) to stop the Marcoses from taking over a property in Cabuyao, Laguna province, that the government claims is part of the late dictator Ferdinand Marcos’ ill-gotten wealth.
The Supreme Court Second Division ruled that the Sandiganbayan erred when it canceled a notice of lis pendens, or legal notice of pending suit, on the Marcos mansion in Cabuyao which was seized by the PCGG in 1988.
“Wherefore, the petition for certiorari is granted. The assailed resolutions dated Jan. 11, 2010, and Dec. 1, 2010, insofar as they direct the cancellation of the notice of lis pendens, are annulled,” the court said in a decision dated Oct. 5, 2016, but released only recently.
Associate Justice Marvic Leonen wrote the decision, which was concurred in by Associate Justices Presbitero Velasco Jr., Mariano del Castillo and Jose Catral Mendoza.
The Supreme Court ordered the register of deeds of Cabuyao to reannotate the notice of lis pendens on the Transfer Certificate of Title.
The Sandiganbayan had canceled the notice of lis pendens, claiming that it was not necessary to protect the interest of the PCGG.
But the Supreme Court ruled that the the graft court committed grave abuse of discretion in denying PCGG’s motion for issuance of a writ of preliminary attachment.
The property was under the name of Marcos’s wife, Imelda, and children—former Sen. Ferdinand “Bongbong” Marcos Jr., Maria Imelda “Imee” Marcos and Irene Marcos Araneta.