Monday, September 15, 2025

Govt is lone claimant to sequestered Learjet

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THE Philippine government is now the only claimant for a Learjet sequestered in 1986 by the Presidential Commission on Good Government (PCGG) as part of alleged illegally acquired assets bought with coconut levy funds.

In an 11-page resolution dated September 12, 2025, the Sandiganbayan second division noted that the only other erstwhile claimant, Subic International Air Charter Inc. (Subic Air), has filed a motion withdrawing its Complaint-in-Intervention regarding the Gates Learjet Model 35-A subject of Civil Case No. 0033-A, one of eight subdivided coconut levy cases.

The PCGG, represented by the Office of the Solicitor General (OSG), already won forfeiture of 72.2 percent of UCPB in 2012 before the Supreme Court, but the claims for damages against the defendants remained under litigation for more than a decade after.

But during a case conference on July 3, 2024, the Office of the Solicitor General told the Sandiganbayan that the Republic would rather waive the claims.

On July 15, 2024, the government filed a Motion and Manifestation with an attached Resolution of the PCGG stating that “the Commission will no longer pursue its claim for the actual, moral, temperate, nominal, and exemplary damages” in both Civil Case Nos. 0033-A (involving 72.2 percent of United Coconut Planters Bank or UCPB) and 0033-F (involving 33 percent of San Miguel Corporation).

This was granted by the court in a resolution issued on December 6, 2004.

On March 24, 2025, Subic Air filed its Motion to Leave to Withdraw Complaint-in-Intervention, officially ending 21 years of efforts to collect payment for services rendered.

“With the withdrawal of Subic Air’s claim to enforce the mechanic’s lien, there remains no opposition to the claim of plaintiff Republic for the recovery of the subject aircraft,” the Sandiganbayan noted.

While it looks good on paper, the Sandiganbayan left a caveat noting that the passage of years has caused “significant deterioration of the subject aircraft’s condition, which also necessarily results in the substantial depreciation of its monetary value.”

This much was stated in Subic Air’s justification for its withdrawal, saying the Learjet has become “derelict and (is) unserviceable” so that pursuing its claim “has become impracticable.”

UCPB had previously challenged the validity of the government sequestration of the aircraft, saying neither the bank nor Cojuangco is the owner.

It said the plane was rented on January 10, 1984 by the bank from Hemix International, Ltd. (Hemix), a corporation organized under Hong Kong law. Before the lease expired in 1986, the jet was sequestered by the PCGG and has since remained on the ground for decades.

In August 2000, UCPB, upon the approval of the PCGG, engaged the services of Subic Air for the repair and rehabilitation of the aircraft.

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