THE Sandiganbayan Second Division has affirmed its May 16, 2023 decision dismissing Civil Case No. 0033-B, one of eight subdivided coconut levy cases, against Coconut Producers Federation Inc. (Cocofed), Coconut Investment Co. (CIC), and Cocofed Marketing Corp. (Cocomark).
In its eight-page resolution dated July 31, 2023 penned by Associate Justice Artur O. Malabaguio, the anti-graft court held that the government’s appeal failed to raise any new argument that would warrant a modification or reversal of the assailed ruling.
“The motion for reconsideration must be denied. Primarily, the grounds relied upon by the plaintiff have already been carefully and exhaustively considered and passed upon in the assailed resolution,” the Second Division ruled.
Associate Justices Oscar C. Herrera Jr. and Edgardo M. Caldona concurred.
Government lawyers have attempted to convince the Sandiganbayan to reinstate Civil Case No. 0033-B after it was thrown out on the ground that the Republic of the Philippines failed to present its evidence more than two decades after pre-trial was set.
The original complaint docketed as Civil Case No. 0033 was filed way back July 31, 1987 by the Presidential Commission on Good Government (PCGG), but due to the number of respondents as well as the interlocking interests of firms funded by the coconut levy funds, the Sandiganbayan ordered the case subdivided into eight separate actions in 1995.
For some of the subdivided cases like Civil Case No. 0033-A involving the United Coconut Planters Bank (UCPB) and Civil Case 0033-F involving 27 percent of San Miguel Corporation, the strategy worked as the PCGG won both cases.
It was a different story for Civil Case No. 0033-B.
Despite pendency in court for 36 years since the filing of the original complaint and 24 years since being separated from seven other cases, this case did not see even a single day of trial.
In denying the government’s appeal, the court stressed that the State carries the burden of proof that there was no violation of defendants’ right to speedy disposition of cases.
“The records show that more than two decades have passed, and yet no conclusion of pre-trial proceedings or even initiation for the setting of the next pre-trial schedule has been issued,” the Sandiganbayan pointed out.
Over the years, the court recorded “countless times” when government lawyers failed to appear in court without any justification.
