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
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
