Former PCGG counsel to file motion for reconsideration (The Philippine Star)

MANILA, Philippines - A former special counsel of the Presidential Commission on Good Government said that he appealed the Sandiganbayan’s ruling that rejected a former government lawyer’s move to have business tycoon Lucio Tan’s brother Mariano Tanenglian testify against him to supposedly prove that some of the corporations he owns actually belong to the Marcoses.

Catalino Generillo, former PCGG special counsel handling the government’s ill-gotten wealth case vs Tan, said that he was plodding on in fighting the ill-gotten wealth case despite moves of government lawyers to stop him from doing so. “I will file a motion for reconsideration, definitely,” Generillo told The Star in a phone interview.

Generillo also shrugged off questions on his legal personality in the case, saying the Supreme Court allows private citizens to pursue such cases with “transcendental importance” to public interests.

Generillo cited a doctrine of the Supreme Court raised when it ruled on an ill-gotten wealth case involving the PCGG previously filed by former Solicitor General Frank Chavez where the High Tribunal said that “the matter of recovering the ill-gotten wealth of the Marcoses is an issue of ‘transcendental importance to the public.”

“Ordinary taxpayers have a right to initiate and prosecute actions questioning the validity of acts or orders of government agencies or instrumentalities, if the issues raised are of ‘paramount public interest,’ and if they ‘immediately affect the social, economic and moral well being of the people,” the Supreme Court said in a previous decision, Generillo cited.

Forfeiture case

Generillo was one of the “special counsels” recruited by the late PCGG chairman Haydee Yorac to pursue several important ill-gotten wealth cases against the Marcoses and their cronies in view of the OSG’s previous neglect to pursue the cases supposedly due to a lack of lawyers.

Generillo’s ouster from the case came in the heels of his recent achievement of successfully coordinating with Tanenglian and getting him to agree to be a witness for the government.

Tan’s chief legal counsel Estelito Mendoza, earlier claimed that laws prohibit the hiring of private lawyers to litigate government cases, saying that OSG lawyers should be the ones to do so.

The PCGG had filed the forfeiture case on Tan asset’s on the strength of a public declaration of the widow of the late deposed president Ferdinand Marcos, former First Lady Imelda Marcos, that 60 percent of the tycoon’s companies were owned by her late husband.

Mrs. Marcos had submitted before the anti-graft court deeds of assignment signed by Marcos and Tan where the 60 percent secret ownership by Marcos of Tan’s Shareholdings, Inc., the holding company that holds control of the tycoon’s Fortune Tobacco, Asia Brewery, Foremost Farms and other companies, was laid out.


Source:
Rainier Allan Ronda
The Philippine Star
February 14, 2010
Retrieved from http://www.philstar.com/Article.aspx?articleId=549421&publicationSubCategoryId=65

Sandiganbayan dismisses petition to reopen graft case against taipan

Business tycoon Lucio Tan scored another legal victory after the Sandiganbayan junked the plea of a former Presidential Commission on Good Government (PCGG) lawyer to allow Tan’s brother Mariano Tanenglian to testify against him and prove that his assets are owned by the Marcoses.

In a six-page resolution of the Sandiganbayan 5th Division, promulgated on Feb. 8 and was penned by Associate Justice Roland Jurado, the court denied the reopening of the alleged graft case for lack of merit.

The anti-graft court said former PCGG lawyer Catalino Generillo is not a real party in interest and has no legal personality anymore to represent the case after he was sacked by the government to act as lawyer for the case.

“It bears emphasis that Atty. Generillo is not the real party in interest in the instant case. He has no legal personality to ask for a reopening of the trial as he does not stand to be benefited or be prejudiced by the judgment in the instant suit. Neither is he the party entitled to the avails of the suit. Hence, the Motion for Reopening of Trial must be denied,” the ruling states.

It pointed out that Generillo “cannot claim ownership over the (documents of the case) as the works are the result of the performance of his regularly-assigned duties, hence, ownership belongs to his employer, the PCGG.”

The Sandiganbayan also junked the motion for reconsideration filed by Generillo that the motion for partial summary judgment be allowed. The court ruled the issue has long been resolved by them as early as March 17, 2008.

The magistrates led by Justice Jurado, along with Justices Teresita Diaz-Baldos and Napoleon Inoturan, denied the prayer of Generillo that they must recuse themselves from handling the case for there is no legal grounds to allow it.

It pointed out that they are not relatives of any lawyer or litigants to the case or acted as guardian or executor in the present case. Thus, the plea for inhibition has no leg to stand on.

“Not one of the above instances is present which would warrant the inhibition of the magistrates in the instant case. Hence, the Respectful Motion for Inhibition must be denied,” it states.

Generillo was relieved by then Solicitor General Agnes Devanadera of handling the case against Tan after the Sandiganbayan ordered the prosecution to terminate its presentation of evidence, junking its motion asking for more time to present more witnesses.

Generillo earlier had stated with Tanenglian’s testimony it would open the doors against Tan and to roll the wheels of justice.

He said Tanenglian is a competent state witness against his brother because he was an “insider” because of his knowledge of the alleged deals between Tan and the late dictator Ferdinand Marcos.

Generillo added Tanenglian himself made transactions with Marcos. He stressed that Tanenglian was ready to testify that Lucio Tan “is a mere trustee or agent” of Marcos.

The Marcoses claimed they owned the 60 percent of the corporations of Tan. But the Philippine government and the Marcos cannot produce the originals of the documents supposedly proving that business Tan acted as dummy for the late strongman Marcos.

The corporations of Tan which were allegedly claimed by the Marcoses are Fortune Tobacco Corp., Asia Brewery Inc., Allied Banking Corp., Foremost Farms, Himmel Industries Inc., Grandspan Development Corp., Silangan Holdings Inc., Dominium Realty and Construction Corp. and Shareholdings Inc.


Source:
Charlie V. Manalo,
The Daily Tribune
February 11, 2010
Retrieved from http://www.tribune.net.ph/metro/20100211met4.html

Lawyer foiled on Tan case reopening

THE Sandiganbayan said in a ruling it would not re-open the case against business tycoon Lucio Tan and allow his estranged brother, Mariano Tanenglian, to testify that his assets belonged to the late President Ferdinand Marcos.

The anti-graft court’s ruling thrashed the plea of Catalino Generillo, a former lawyer of the Presidential Commission on Good Government, saying he was no longer directly involved in the case after the commission had sacked him.

“It bears emphasis that Atty. Generillo is not the real-party-in interest in the instant case. He has no legal personality to ask for a re-opening of the trial, as he does not stand to be benefited or be prejudiced by the judgment in the instant suit. Neither is he the party entitled to the avails of the suit, Associate Justice Roland Jurado of the Sandiganbayan Fifth Division said in a six-page resolution.

Generillo said that Tanenglian had a change of heart and would like to tell the truth and serve the cause of justice, which should impel the court to reopen the trial. The former PCGG lawyer’s motion in September 2009 came after the court ordered the prosecution to stop presenting evidence in the case.

Generillo said Tanenglian’s testimony would open the doors against Tan and to roll the wheels of justice. Tanenglian was ready to testify that Tan “is a mere trustee or agent of Marcos.”

The government was seeking to forfeit 60 percent of Tan’s companies, including Fortune Tobacco Corp., Asia Brewery Inc., Allied Banking Corp., Foremost Farms, Himmel Industries Inc., Grandspan Development Corp., Silangan Holdings Inc., Dominium Realty and Construction Corp. and Shareholdings Inc. The estate of the late president Marcos was pursuing the same assets.

Source
Macon Ramos-Araneta, Manila Standard Today
http://www.manilastandardtoday.com/insideNation.htm?f=2010/february/11/nation2.isx&d=2010/february/11

Sandigan junks plea to reopen ownership case

The Sandiganbayan has junked the plea made by a former lawyer of the Presidential Commission on Good Government (PCGG), to reopen the case of businessman Lucio Tan on the ownership of his assets by allowing his brother Mariano Tanenglian to testify against him and prove that his assets are owned by the Marcoses.

In a six-page resolution promulgated on February 8, the Tribunal’s 5th Division denied the motion filed by lawyer Catalino Generillo, saying he is not a “real party” in interest, therefore “has no legal personality anymore to represent the case after he was sacked by the government to act as lawyer for the case.”

It was written by Associate Justice Roland Jurado and concurred in by Associate Justices Teresita Diaz-Baldos and Napoleon Inoturan.

“It bears emphasis that Atty. Generillo is not the real party in interest in the instant case. He has no legal personality to ask for a reopening of the trial as he does not stand to be benefited or be prejudiced by the judgment in the instant suit. Neither is he the party entitled to the avails of the suit. Hence, the Motion for Reopening of Trial must be denied,” the Anti-Graft Court said.

It pointed out that Generillo “cannot claim ownership over the (documents of the said case) as the said works are the result of the performance of his regularly-assigned duties.”

“Hence, ownership belongs to his employer, the PCGG,” it added.

The Sandiganbayan also junked the lawyer’s motion for reconsideration on its decision denying his motion to allow partial summary judgment on the case. It ruled that the issue has long been resolved by them as early as March 17, 2008.

The three justices also refused to grant the Generillo’s prayer for their inhibition in the case, saying “there is no legal ground” to do so allow it.
It pointed out that they are not relatives of any lawyer or litigants to the case or acted as guardian or executor in the present case. Thus, the plea for inhibition has no leg to stand on.

Source:
GABRIEL S. MABUTAS
Manila Bulletin
February 11, 2010
http://www.mb.com.ph/articles/243017/sandigan-junks-plea-reopen-ownership-case

Sandigan junks motion vs tycoon

The antigraft court Sandiganbayan junked the motion of a private lawyer to reopen the presentation of evidence in a forfeiture case to allow the businessman Mariano Tanenglian, to testify against his own brother, tobacco magnate Lucio Tan.

In denying the motion of lawyer Catalino Generillo, a former government prosecutor who was taken off the case by the Solicitor General more than a year ago, the Sandiganbayan 5th Division said he was not a “real party in interest” in the case.

The court said: “He has no legal personality to ask for a reopening of the trial as he does not stand to be benefited or be prejudiced by the judgment in the instant suit.”

The government is seeking to prove that Tan’s assets form part of the ill-gotten wealth of the late dictator Ferdinand Marcos.

In a July 13, 2009 ruling, the Sandiganbayan ordered the prosecution to terminate its presentation of evidence, junking its motion to present more witnesses.

Generillo appealed the ruling, saying Tanenglian was already willing to be a state witness.

Tanenglian is also a defendant in the civil case. He told the court he was willing to testify against his own brother in exchange for immunity.

The court also rejected the appeal of Generillo to reconsider another court ruling on July 31, 2009 granting the Solicitor General’s motion declaring him out of the prosecution team and demanding that he return documentary exhibits in his possession.


Source:
Edson C. Tandoc Jr.
Philippine Daily Inquirer
February 11, 2010
http://newsinfo.inquirer.net/breakingnews/nation/view/20100211-252553/Sandigan-junks-motion-vs-tycoon

Sandiganbayan junks bid to reopen graft raps vs Lucio Tan

The anti-graft court Sandiganbayan dismissed on Wednesday the petition of a former Presidential Commission on Good Government (PCGG) lawyer seeking the reopening of a case by allowing business tycoon Lucio Tan's brother Mariano Tanenglian to testify against him and prove that his assets are owned by the Marcoses.

In a six-page resolution penned by Associate Justice Roland Jurado, the anti-graft court denied the reopening of the trial of the case for lack of merit.

The Sandiganbayan said that former PCGG lawyer Catalino Generillo is not a real party in interest and has no legal personality anymore to represent the case after he was sacked by the government to act as lawyer for the case.

"It bears emphasis that Atty. Generillo is not the real party in interest in the instant case. He has no legal personality to ask for a reopening of the trial as he does not stand to be benefited or be prejudiced by the judgment in the instant suit. Neither is he the party entitled to the avails of the suit. Hence, the Motion for Reopening of Trial must be denied," the ruling of the anti-graft court said.

It stressed that Generillo "cannot claim ownership over the (documents of the said case) as the said works are the result of the performance of his regularly-assigned duties, hence, ownership belongs to his employer, the PCGG."

The Sandiganbayan also dismissed the motion for reconsideration filed by Generillo seeking that the motion for partial summary judgment be allowed.

It ruled that the issue has long been resolved by them as early as March 17, 2008.

The anti-graft court justices led by Associate Justice Jurado, along with Associate Justices Teresita Diaz-Baldos and Napoleon Inoturan, denied the prayer of Generillo that they must recuse themselves from handling the case for there is no legal grounds to allow it.

It stressed that they are not relatives of any lawyer or litigants to the case or acted as guardian or executor in the present case.

Thus, it said, the plea for inhibition has no leg to stand on.

"Not one of the above instances is present which would warrant the inhibition of the magistrates in the instant case. Hence, the Respectful Motion for Inhibition must be denied," it said.

It can be recalled that Generillo was relieved by then Solicitor General Agnes Devanadera in handling the case against Tan after the Sandigan-bayan ordered the prose-cution to terminate its presentation of evidence, junking its motion that sought for more time to present more witnesses.

Generillo recently said that with Tanenglian's testimony, it would open the doors against Tan and to turn the wheels of justice.

He claimed that Tanenglian is a competent state witness against his brother because he was an "insider" because of his knowledge of the alleged deals between Tan and the late dictator Ferdinand Marcos.

Generillo further said that Tanenglian himself made transactions with Marcos.

He pointed out that Tanenglian was ready to testify that Lucio Tan "is a mere trustee or agent" of Marcos.

The Marcoses claimed that they owned 60 percent of the corporations of Tan.

But the government and the Marcoses cannot produce the originals of the documents supposedly proving that business tycoon Tan acted as a "dummy" for the late president.

The corporations owned by Tan which were allegedly claimed by the Marcoses are Fortune Tobacco Corp., Asia Brewery Inc., Allied Banking Corp., Foremost Farms, Himmel Industries Inc., Grandspan Development Corp., Silangan Holdings Inc., Dominium Realty and Construction Corp. and Shareholdings Inc.

Source:
The Mindanao Daily Mirror
February 11, 2010
http://www.dailymirror.ph/Feb-2010/Feb1110/nat1.html

More child abuse raps vs Tanenglians raffled off (The Philippine Star)

The Quezon City regional trial court (RTC) has raffled off the seven counts of child abuse against businessman Mariano Tanenglian and his family in connection with the alleged maltreatment of one of their underage housemaids.

The case, which went to Quezon City RTC Branch 94 Judge Roslyn Rabara-Tria, stemmed from a complaint filed by Aljane Bacanto, a former housemaid of the Tanenglians.

The Tanenglians have filed a motion to suspend the proceedings, according to the court calendar of cases.

The DOJ recommended P80,000 bail for each count of child abuse as well as the filing of charges serious illegal detention and trafficking, which are non-bailable offenses.

Tanenglian’s lawyer, Raymund Quiroz, said they have asked the court to hold the issuance of the warrant of arrest on grounds that their motion for reconsideration is pending with the DOJ.

Source:
Reinir Padua
The Philippine Star
February 06, 2010
Retrieved from
http://www.philstar.com/Article.aspx?articleId=547067

Tycoon’s brother, kin face more child abuse charges (Philippine Daily Inquirer)

Charges of child abuse were formally filed anew against the family of the brother of tycoon Lucio Tan, Mariano Tanenglian, in a Quezon City court for allegedly maltreating a 16-year-old housemaid.

The seven counts of child abuse were formally filed last week in the Quezon City Regional Trial Court and were raffled off to Branch 94, presided by Judge Roslyn Rabara-Tria.

This is the second case to be filed against the Tanenglians; a the first case, based on a complaint by Mary Jane Sollano, has been assigned to Branch 102 under Judge Lourdes Giron.


Source:
Julie M. Aurelio
Philippine Daily Inquirer
February 05, 2010
http://newsinfo.inquirer.net/inquirerheadlines/metro/view/20100205-251541/Tycoons-brother-kin-face-more-child-abuse-charges