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
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
