BY Peter Tabingo
THE Sandiganbayan Seventh Division has thrown out a third-party claim on a property in Iligan City that was part of the assets surrendered by businessman Roberto Benedicto to the Philippine government in a compromise agreement signed on November 3, 1990.
In an eight-page resolution dated October 15, 2024, the anti-graft court held it cannot take cognizance of the petition of cancellation of land title filed by Vicente F. Belmonte Jr. for being outside of its jurisdiction.
Belmonte filed the court action hoping to get the property transferred under his name after submitting a bid for the lot registered in the name of the Banahaw Broadcasting Corp. previously owned by Benedicto.
The lot was levied by the National Labor Relations Commission (NLRC) as part of a labor case involving monetary claims against the media outfit in the amount of P12,002,157.28.
During a public auction on July 31, 2013, Belmonte submitted the highest bid of P13.5 million. The redemption period lapsed without Banahaw Broadcasting exercising its right of redemption, leading to the issuance of a Sheriff’s Deed of Final Conveyance dated August 5, 2014.
However, records showed the subject property had already been under government custody since it was part of the assets ceded by Benedicto under Civil Case No. 0034, a case for recovery of alleged ill-gotten wealth filed by the Philippine government in 1987.
In return for surrendering billions of assets, the Presidential Commission on Good Government (PCGG) lifted the writs of sequestration on Benedicto’s remaining assets and granted absolute immunity from suit to him, members of his family, and officers and employees of his corporations.
The immunity was extended to include “past, present, and future cases and investigations” of the government.
According to a list released by the PCGG, among the Benedicto assets turned over to the government were the IBC, including rights over its franchise; land, relay stations, and provincial and radio stations worth P3.074 billion and three parcels of land in Bataan in the name of Piedras Petroleum Corp. with a combined value of P70.016 million.
Also included were a 6,000 square-meter lot from Banahaw Broadcasting Corp (BBC) – Iligan City (P17.83 million); two lots with a combined area of 5,161 sqm from BBC-Legazpi City (P22.19 million); 5,952 sqm lot from BBC-Naga City (P19.046 million); BBC-DWAN Radio (P1.362 million); 12,445 shares in Oceanic Wireless Network Inc. (OWNI) (P13.63 million); and 4.16 million shares in Radio Philippine Network Inc (RPN-9) (P33.29 million).
He also agreed to “assign to the government all his rights, interest and/or participations, if any, in Radio Philippines Network (RPN) which operated TV-9, its seven provincial TV stations and seven provincial radio stations, as well as the Banahaw Broadcasting Corporation (BBC).
The Supreme Court affirmed the compromise deal which became final with an entry of judgment on December 22, 1993.
In its ruling, the Sandiganbayan noted that the PCGG filed a petition for the issuance of a new owner’s copy of Transfer Certificate Title (TCT) No. T-21,216 (a.f.) on February 22, 2013 with the Regional Trial Court of Lanao del Norte, Branch 6, which was granted.
The Sandiganbayan said that regardless of the surrender of the property to the PCGG, challenges regarding its ownership do not automatically fall under its jurisdiction.
It explained that for a case to be within the Sandiganbayan domain, it must involve an effort to recover the ill-gotten wealth of former President Ferdinand E. Marcos, his relatives, his dummies, or agents.
“There is no issue on any illegally acquired or misappropriated property at this instance. This case does not relate to the recovery of ill-gotten wealth or any property that needs to be sequestered or assets that have already been placed under sequestration,” the court pointed out.
