GARCIA vs. SANDIGANBAYAN | G.R. No. 165835 | June 22, 2005

GARCIA vs. SANDIGANBAYAN
G.R. No. 165835, June 22, 2005  
 
Facts

This is a petition filed by Clarita Garcia, wife or retired Major General Carlos F. Garcia, with application for injunctive relief in order issued by the Fourth Division of Sandiganbayan denying the motion to quash or dismiss Civil Case No. 0193. This is a suit for the forfeiture commenced by the Republic against petitioner and her immediate family. 
 
The forfeiture suit was to recover unlawfully acquired funds and properties that the Garcias allegedly acquires and amassed. Then Republic then filed the Sandiganbayan through the OMB a petition for forfeiture of those alleged unlawfully acquires properties of the Garcias. The case was docketed as civil case 0193(forfeiture I) and subsequently another case of forfeiture involving the same parties was filed docketed as Civil Case 0196(forfeiture II). Thus the two cases were consolidated for convenience and clarity. Before the filing of Forfeiture II but subsequent to the filing of Forfeiture I, the OMB charged the Garcias with violation of RA 7080(plunder) and the case raffled to the second division of SB. The plunder charge covered substantially the same properties identified in both Forfeiture I and II. 
 
Petitioner now contends, after denying there motion to dismiss the Forfeiture I case, that the plunder case and the Forfeiture I case should be consolidated in the second division of SB pursuan to R 8249. On May 20, 2005, the SB 4th Division denied the motion for the reason that the forfeiture case is not the corresponding civil action for the recovery of civil liability arising from the criminal case of plunder. 
 
Issue 

Whether or not the Sandiganbayan has jurisdiction over petitions for forfeiture under RA 
1379. 
 
Ruling

The Sandiganbayan has jurisdiction over forfeiture proceedings pursuant to RA 1379. Forfeiture proceedings are actions in rem and civil in nature. It is a divestiture of property without compensation in consequence of an offense. 

Comments

Post a Comment

Popular posts from this blog

MICIANO vs. BRIMO | G.R. No. L-22595 | November 1, 1927

MICIANO vs. BRIMO G.R. No. L-22595, November 1, 1927  Facts Joseph G. Brimo, a citizen of Turkey, died and left a partition of the estate. Juan Miciano, the judicial administrator of the estate left filed a scheme of partition. However, Andre Brimo, one of the brothers of the deceased, opposed it. Brimo‘s opposition is based on the fact that the partition in question puts into effect the provisions of Joseph Brimo‘s will which are not in accordance with the laws of his Turkish nationality, for which reason they are void as being in violation of Article 10 of the Civil Code.  Issue Whether or not the national law of the testator is the one to govern his testamentary disposition.  Ruling Joseph Brimo, a Turkish citizen, though he declared in his will that Philippine laws must govern the disposition of his estate; however, it must not prejudice the heir or legatee of the testator. Therefore, the testator‘s national law must govern in accordance wit...
Read more

MICHAEL C. GUY vs. COURT OF APPEALS | G.R. No. 163707 | September 15, 2006

MICHAEL C. GUY vs. COURT OF APPEALS G.R. No. 163707, September 15, 2006    Facts On October 29, 1992, Sima Wei died in Makati City leaving an estate valued 10 million more or less. His known heirs are his spouse Shirley Guy with their children five children. On June 13, 1997, private respondents Karen Oanes Wei and Kamille Oanes Wei represented by their mother Remedios filed a petition for letters of administration before the Regional Trial Court alleging that they are duly acknowledged illegitimate children of Sima Wei. However, petitioner and co-heirs alleged that private respondent‘s claim had been paid, waived, abandoned, or otherwise extinguished by Remedios‘ June 7, 1993 Release and Waiver of Claim stating that in exchange for the financial and educational support received from petitioner, Remedios and her minor children discharge the estate of Sima Wei and any and all liabilities.   The petition was denied in the lower court and the motion for reconsidered dis...
Read more

EDUARDO MANUEL vs. PEOPLE | GR. No. 165842 | November 29, 2005

EDUARDO MANUEL vs. PEOPLE GR. No. 165842, November 29, 2005    Facts This case is a petition for review on certiorari of the decision of Court of Appeals affirming the decision of the Regional Trial Court of Baguio City, convicting the petitioner for the crime of bigamy.    Eduardo P. Manuel, herein petitioner, was first married to Rubylus Gaña on July 18, 1975, who, according to the former, was charged with estafa in 1975 and thereafter imprisoned and was never seen again by him after his last visit. Manuel met Tina B. Gandalera in January 1996 when the latter was only 21 years old. Three months after their meeting, the two got married through a civil wedding in BaguioCity without Gandalera‘s knowledge of Manuel‘s first marriage. In the course of their marriage, things got rocky and Gandalera learned that Eduardo was in fact already married when he married him. She then filed a criminal case of bigamy against Eduardo Manuel. The latter‘s defense being that his decla...
Read more