Best of Centurioparko

Court issues new arrest warrant vs Tanenglian, family (The Philippine Star)

noreply@blogger.com (CenturioParko) — Tue, 08 Jun 2010 18:47:00 +0000

Quezon City Regional Trial Court Branch 102 Judge Ma. Lourdes Giron has issued a new warrant of arrest and hold departure order against Mariano Tanenglian and his family due to criminal charges filed against them by a former maid.

The order was released after finding probable cause for violation of the Anti-Child Abuse Law (RA 7610) in five cases pending against Mariano, his wife Aleta, and children Fayette and Maximilian.

Giron set bail at P80,000 for each count of the charges against the Tanenglians by their former housemaid, Mary Jane Sollano.

Giron, however, cleared the Tanenglians of charges for alleged violation of the Anti-Trafficking of Persons and for kidnapping and serious illegal detention.

Quezon City RTC Branch 94 Judge Roslyn Rabara-Tria also issued a warrant of arrest and directed the issuance of an HDO against the Tanenglians in connection with similar charges filed earlier by Aljane Bacanto, another former maid of Mariano Tanenglian.

The Tanenglians also have pending cases for nine counts of violating RA 7610, Republic Act 9208 (Anti-Trafficking of Persons Act), kidnapping, and serious illegal detention.

Members of the women’s group Gabriela attended the hearing in a show of support. Lana Linagan, Gabriela secretary general, said they hope the arrest warrants are served to show that justice does not discriminate between the poor and the rich.

The parents of the two maids, who were present at the hearing, said they would pursue the separate cases of their children and would not accept any settlement if any was offered.

Source:
Jerry Botial, The Philippine Star
June 05, 2010
http://www.philstar.com/Article.aspx?articleId=581383&publicationSubCategoryId=65

Taipan’s brother gets another arrest warrant (Manila Standard Today)

noreply@blogger.com (CenturioParko) — Tue, 08 Jun 2010 18:46:00 +0000

Mariano Tanenglian—-taipan Lucio Tan’s brother—-again faces arrest over criminal charges filed by another former maid as Judge Ma. Lourdes Giron of the Quezon City Regional Trial Court Branch 102 also directed the issuance of a hold departure order on him, wife Aleta along with children Fayette and Maximilian for violation on five counts of the Anti-Child Abuse law.

A bail of P80,000 was set for each of the charges filed against the Tanenglians by former maid Mary Jane Sollano.

But Giron has cleared them of violating the Anti-Trafficking of Persons law, and for kidnapping and serious illegal detention.

Last May 4, QC RTC Branch 94 Judge Roslyn Rabara-Tria issued a warrant of arrest and hold order against the accused on similar charges filed by former maid Aljane Bacanto.

Women’s advocacy group led by Gabriela secretary general Lana Linagan said that they hope that the warrants of arrest would be eventually served to show that justice does not discriminate between the poor and the rich.

Source:
Roy Pelovello, Manila Standard Today
June 5 - 6, 2010
http://www.manilastandardtoday.com/insideMetro.htm?f=2010/june/5/metro2.isx&d=2010/june/5

Arrest warrant, HDO for tycoon’s brother (People's Journal)

noreply@blogger.com (CenturioParko) — Tue, 08 Jun 2010 18:45:00 +0000

Quezon City Judge Ma. Lourdes Giron ordered the issuance of another warrant of arrest and hold departure order for the brother of tycoon Lucio Tan, Mariano Tanenglian, his wife Aleta and their two children after finding probable cause to indict them for violation of Republic Act 7610 or the Anti-Child Abuse Law in five sets of cases pending against the accused based on the complaint filed by their ex-maid Mary Jane Sollano.

The court set a bail of P80,000 for the accused for each of the five charges filed against them.

However, Giron cleared the accused of the charges of violation of the Anti-Trafficking of Persons and for kidnapping and serious illegal detention.

Last May 4, Judge Roslyn Rabara-Tria issued an arrest warrant against the Tanenglians in connection with similar charges filed by Aljane Bacanto, another former maid of the accused.

In yesterday’s hearing, the accused filed a motion to quash the warrant of arrest and HDO issued against them.

Source:
Melnie Ragasa-Jimena, People's Journal
June 4, 2010
http://www.journal.com.ph/index.php/metro/11015-arrest-warrant-hdo-for-tycoons-brother.html

Bagong warrant, HDO inisyu vs utol ni Lucio Tan (Pilipino Star Ngayon)

noreply@blogger.com (CenturioParko) — Tue, 08 Jun 2010 18:45:00 +0000

Nagpalabas ng panibagong warrant of arrest at hold departure order (HDO) ang Quezon City Regional Trial Court (QC RTC) Branch 102 laban kay Mariano Tanenglian, kapatid ni Tycoon Lucio Tan, at sa pamilya nito kaugnay ng kasong kriminal na isinampa laban sa kanila ng dating kasambahay na si Mary Jane Sollano na nag-aakusang minaltrato siya ng mga naging amo.

Sa 7-pahinang desisyon na ipinalabas noong Mayo 18, 2010 ni QC Judge Ma. Lourdes Giron ipinag-utos nito ang pagpapalabas ng warrant of arrest at HDO laban sa mga Tanenglian matapos mabatid na may batayan ang inihaing limang kaso ni Sollano kaugnay ng paglabag sa Anti-Child Abuse Law (R.A. 7610).

Kabilang sa mga akusadong bababaan ng mga warrant sina Mariano, ang asawa nitong si Aleta, at mga anak na sina Fayette at Maximilian.

Sa kabilang dako, ipinawalang-sala naman ni Judge Giron ang mga Tanenglian sa paglabag sa Anti-Trafficking of Persons, kidnapping at serious illegal detention—na pare-parehong hindi napipiyansahang kaso.

Nauna na si QC RTC Branch 94 Judge Roslyn Rabara-Tria na nag-isyu ng warrant of arrest at nag-atas na maglabas ng HDO laban sa mga Tanenglian na kaugnay naman sa kasong inihain ng isa ring dating kasambahay na si Aljane Bacanto.

Source:
Angie dela Cruz, Pilipino Star Ngayon
June 05, 2010
http://www.philstar.com/Article.aspx?articleId=581326&publicationSubCategoryId=93

New warrants, hold orders for tycoon's brod over child abuse raps (Philippine Daily Inquirer)

noreply@blogger.com (CenturioParko) — Sat, 05 Jun 2010 04:00:00 +0000

Judge Lourdes Giron of Quezon City Regional Trial Court Branch 102 has issued new hold departure orders and warrants for the arrest of Mariano Tanenglian, brother of businessman Lucio Tan, his wife Aleta, and children Fayette and Maximilian after finding probable cause that they violated the Anti-Child Abuse Law in connection with the criminal case filed against them by a former maid, Mary Jane Sollano.

The court however cleared the accused of other charges for violation of the Anti-Trafficking of Persons, for kidnapping and for serious illegal detention. The court set a bail of P80,000 for the accused for each of the eight counts of child abuse against them.

In clearing the Tanenglians of the other charges, Giron said there was no involuntary servitude committed by the accused as the complainant was recruited by an employment agency and later deployed to the Tanenglians. The court also said there was no illegal detention because it was necessary for the maid to stay at the house of the accused.

The Tanenglians are still facing another case filed by another former housemaid, Aljane Bacanto, before Judge Roslyn Rabara-Tria of RTC Branch 94.

Charges pending before Branch 94 are for nine counts of violation of the Anti-Child Abuse Law, violation of Republic Act 9208 or Anti-Trafficking of Persons, kidnapping, and serious illegal detention.

The Tanenglians have filed a motion to quash the warrants of arrest and hold departure orders before Branch 94.

Source:
Julie M. Aurelio
Philippine Daily Inquirer
Posted June 4, 2010
http://newsinfo.inquirer.net/inquirerheadlines/metro/view/20100604-273843/New-warrants-hold-orders-for-tycoons-brod-over-child-abuse-raps

Warrants out for tycoon's kin (Philippine Daily Inquirer)

noreply@blogger.com (CenturioParko) — Mon, 17 May 2010 01:33:00 +0000

A QUEZON CITY court has issued warrants of arrest for businessman Mariano Tanenglian and members of his family in connection with a case filed by their former househelp, who they allegedly maltreated.

Judge Roslyn Rabara-Tria, of Regional Trial Court Branch 94, also issued a hold departure against Tanenglian, his wife Aleta and children Fayette and Maximilian.

The charges of illegal detention, trafficking and child abuse were based on a complaint by Aljane Bacanto, a former housemaid of the family.

Illegal detention and trafficking are nonbailable offenses. A bail of P80,000 for each of the accused was set by the court for child abuse cases.

The prosecution asked for the issuance of a hold departure order, saying the accused are “very influential and prominent people” who have access to both domestic and international transportation.

Defense lawyers opposed the move, citing a pending motion to hold in abeyance the issuance of arrest warrants because of a pending motion for reconsideration in the Department of Justice.

Source:
Julie M. Aurelio
Philippine Daily Inquirer
Posted May 15, 2010 at http://newsinfo.inquirer.net/inquirerheadlines/metro/view/20100515-270047/Warrants-out-for-tycoons-kin

Court orders arrest of businessman, family for maid abuse (The Philippine Star)

noreply@blogger.com (CenturioParko) — Mon, 17 May 2010 01:33:00 +0000

Quezon City Regional Trial Court (RTC) Branch 94 has ordered the arrest of businessman Mariano Tanenglian, his wife and two children over the alleged maltreatment of one of their underage housemaids.

In an order dated May 4, Judge Roslyn Rabara-Tria also issued a hold departure against Tanenglian, estranged brother of businessman Lucio Tan; his wife Aleta and children Fayette and Maximilian.

The charges of illegal detention, trafficking and child abuse were based on a complaint filed by Aljane Bacanto, a former housemaid of the Tanenglians. The case of another former helper, Mary Jane Sollano, who was also allegedly maltreated by the family, was raffled to the sala of Quezon City RTC Branch 102 Judge Lourdes Giron.

The STAR tried contacting Tanenglian’s lawyer, Raymund Quiroz, but to no avail. In past interviews, Quiroz had denied the charges against the Tanenglians. He had linked the case to Mariano Tanenglian’s move to testify against his estranged brother, tycoon Lucio Tan, in a government case.

The Bureau of Immigration and Department of Foreign Affairs were both given a copy of the hold departure order against the accused. The court also denied the motion to suspend proceedings filed by the defense.

The prosecution had asked for the issuance of the hold departure order, claiming that the accused are “very influential and prominent people” and have access to both domestic and international transportation.

But the defense had opposed this, citing a pending motion to hold in abeyance the issuance of arrest warrants due to a pending motion for reconsideration filed with the Department of Justice. However, the court found no ground for the court to suspend proceedings and defer issuance of warrants of arrest.

Source:
Reinir Padua
The Philippine Star
Posted May 15, 2010 at http://www.philstar.com/Article.aspx?articleId=575309&publicationSubCategoryId=65

Court orders arrest of tycoon’s brother (People's Journal)

noreply@blogger.com (CenturioParko) — Mon, 17 May 2010 01:33:00 +0000

The Quezon City Regional Trial Court ordered the arrest of a brother of business tycoon Lucio Tan, Mariano Tanenglian, and his family over charges of illegal detention, trafficking and child abuse for allegedly maltreating their former housemaid.

Presiding Judge Roslyn Rabara-Tria issued the warrants of arrest for Mariano Tanenglian, his wife Aleta and their children Fayette and Maximillian. The family court also issued a hold departure order (HDO) against the Tanenglians.

The Department of Justice (DoJ) filed the cases against the respondents based on the complaint of Aljane Bacanto, who was a minor when she was hired as housemaid of the Tanenglians.

No bail was recommended for the accused on the illegal detention and trafficking charges while a bail of P80,000 was recommended for the child abuse case.

The judge granted the appeal of the prosecution for the issuance of the HDO, saying the accused are “very influential and prominent people” and have access to both domestic and international transportation.

The defense, however, said there is a pending motion to hold in abeyance the issuance of arrest warrants against the accused pending resolution of the motion for reconsideration they filed before the DoJ.

Soruce:
Cory Martinez
People's Journal
Posted May 15, 2010 at http://www.journal.com.ph/index.php/metro/9528-court-orders-arrest-of-tycoons-brother-.html

Court issues hold order against taipan’s brother (Manila Standard Today)

noreply@blogger.com (CenturioParko) — Mon, 17 May 2010 01:33:00 +0000

Branch 94 of the Regional Trial Court of Quezon City has issued arrest warrants against Mariano Tanenglian—brother of business tycoon Lucio Tan—and his family following the child abuse and illegal detention charges filed against them by a former maid.

The defense lawyers asked the court to defer issuing the warrants because they had a pending motion before the Justice Department, but the court denied them in its order dated May 4 since they found "no ground for the court to suspend proceedings and defer [the] issuance of warrants of arrest.”

Mariano Tan aside, the others for whom arrest warrants have been issued were his wife Aleta and children Fayette and Maximillian. The court also issued a hold order on them so they may not leave the country.

The four have been charged with nine counts of violating the Anti-Child Abuse Law, for which the court has set bail at P80,000 each, as well as child trafficking and illegal detention for which bail is not allowed.

The complainant, Aljane Bacanto, says she started working for the accused at their Quezon City residence in May 2006, but for three years she was not allowed to go out, was not paid, was not given enough food, and was hurt physically over the slightest error.

Another maid had filed a separate case of serious illegal detention and child abuse against the Tanenglians, and it was raffled off to Quezon City Branch 102 under Presiding Judge Lourdes Giron, another family court where the proceedings are confidential.

Source:
Roy Pelovello
Manila Standard Today
Posted May 15, 2010 at http://www.manilastandardtoday.com/insideNews.htm?f=2010/may/15/news4.isx&d=2010/may/15

Court junks brother’s plea to testify vs Lucio Tan (Philippine Daily Inquirer)

noreply@blogger.com (CenturioParko) — Tue, 04 May 2010 19:31:00 +0000

The Sandiganbayan Fifth Division has junked two motions related to businessman Mariano Tanenglian’s efforts to turn state witness and testify against his own brother, tobacco magnate Lucio Tan.

In two resolutions released on Friday, the Sandiganbayan’s dismissed Tanenglian’s motion to reconsider his offer to turn state witness, and another motion filed by lawyer Catalino Generillo seeking the reopening of the presentation of evidence against Tan.

In both resolutions, the court said that no new issues were raised in the new motions to warrant the reversal or modification of the earlier rulings.

Mariano Tanenglian is charged together with Tan with allegedly holding assets that are part of the ill-gotten wealth of the late dictator Ferdinand Marcos. But after a falling-out with his brother, Tanenglian offered to turn state’s evidence in exchange for immunity.

In January, the court denied Tanenglian’s manifestation and motion which asked the court to direct the Presidential Commission on Good Government (PCGG) to resolve his offer to become a government witness, to reopen the trial so he could testify, and to order the PCGG and the Office of the Solicitor General (OSG) to give him copies of their recommendations.

In again denying his appeal, the court said it agreed with Tan as well as with government lawyers that Tanenglian raised the same issues the court had already resolved. The court noted that it was the prosecution that should be asking for a reopening of the presentation of evidence and not Tanenglian, who is one of the defendants in the case.

In February, the court denied an omnibus motion of Atty. Catalino Generillo that sought, among other things, the reopening of the trial so Tanenglian could testify.

The court said Generillo, who was part of the prosecution panel against Tan until the OSG terminated his services, was no longer a “real party in interest” in the case.

Generillo filed a second motion for reconsideration in March but this was also denied by the court in the resolution released on Friday.

Source:
Edson C. Tandoc Jr.
Philippine Daily Inquirer
First Posted May 2, 2010 at http://newsinfo.inquirer.net/breakingnews/nation/view/20100502-267651/Court-junks-brothers-plea-to-testify-vs-Lucio-Tan

Court rejects plea of Lucio’s brother (Manila Standard Today)

noreply@blogger.com (CenturioParko) — Sat, 01 May 2010 19:40:00 +0000

The Sandiganbayan’s Fifth Division dismissed with finality an appeal to reopen the case against Lucio Tan to prove that his assets are owned by the family of the late dictator Ferdinand Marcos.

The court denied the appeal of Mariano Tanenglian, Tan’s brother, for lack of merit, and likewise rejected his plea that the Presidential Commission on Good Government grant him immunity from suit if ever he testified against Tan.

The court said the appeal that Tanenglian filed on March 15 did not raise anything new to warrant changing its decision rejecting his first appeal on Feb. 12. It said Tanenglian was a co-defendant in the case against Tan, and that it was absurd of him to ask for its reopening instead of the government, the complainant.

Source:
Macon Ramos Araneta
Manila Standard Today
Posted April 30, 2010 at http://www.manilastandardtoday.com/insideNews.htm?f=2010/april/30/news6.isx&d=2010/april/30

Anti-graft court junks case vs Lucio Tan (Business World)

noreply@blogger.com (CenturioParko) — Sat, 01 May 2010 19:39:00 +0000

The Sandiganbayan has dismissed an appeal by Mariano Tanenglian for the reopening of the illegal wealth case against businessman and brother Lucio C. Tan.

In a five-page resolution, the court’s fifth division dismissed the motion for reconsideration filed by Mariano Tanenglian for lack of merit.

Mr. Tanenglian has also asked the court to order the Presidential Commission on Good Government (PCGG) to grant him immunity in case he testifies against his brother.

The court originally quashed the appeal last Feb. 12. The court then ruled that it would be unreasonable for Mr. Mariano Tanenglian to file for the reopening of the case since he is also one of the defendants.

Source:
Business World
Posted on April 29, 2010 at http://www.bworldonline.com/main/content.php?id=10192

Sandiganbayan nixes reopening of Lucio Tan case (Malaya)

noreply@blogger.com (CenturioParko) — Sat, 01 May 2010 19:35:00 +0000

The Sandiganbayan Fifth Division has ruled with finality against reopening the presentation of evidence in Civil Case No. 0005, a lawsuit filed by the government against assets of businessman Lucio Tan.

In a resolution promulgated April 28, the Sandiganbayan junked the appeal of Tan’s estranged brother, Mariano Tanenglian, seeking a court order to compel the Presidential Commission on Good Government (PCGG) to grant him immunity in exchange for his proposed testimony against his own brother.

Tanenglian, named co-accused in the case, offered to testify for the government but the Office of the Solicitor General and the PCGG turned him down saying his proposition was suspicious coming this late as the state has already been ordered by the court to terminate its presentation.

The court had earlier said that it has no jurisdiction to direct the PCGG to act on the offer of Mariano Tanenglian to be a witness.

According to the Marcos family’s claim, former President Ferdinand Marcos was the real owner of numerous companies and Tan was simply the late strongman’s nominee.

Source:
Peter J.G. Tabingo
Malaya
Posted April 30, 2010 at http://www.malaya.com.ph/04302010/metro4.html

SB junks with finality plea on reopening of raps vs. Lucio Tan (Philippine News Agency)

noreply@blogger.com (CenturioParko) — Sat, 01 May 2010 19:33:00 +0000

Sandiganbayan denied with finality the plea filed by Mariano Tanenglian against businessman Lucio Tan in connection with the re-opening of the case against him seeking to prove that his assets are owned by the Marcoses.

In a five-page resolution penned by Associate Justice Roland Jurado, the Sandiganbayan 5th Division denied the motion for reconsideration filed by Tanenglian due to lack of merit.

Sandiganbayan also dismissed the plea of Tan’s brother to order the Presidential Commission on Good Government (PCGG) to grant him immunity from suit if ever he testifies against his brother.

The anti-graft court earlier ruled that it was “without jurisdiction to direct the PCGG to act on, much less accept, the offer of defendant Tanenglian to be a witness”. Since Mariano Tanenglian was also a defendant in the case, it was “absurd” of him, instead of the government, to ask for a reopening of the trial, the Sandiganbayan said.

The Sandiganbayan recently opined that ex-PCGG lawyer Catalino Generillo is not a real party of interest and has no legal personality anymore to represent the case after he was sacked by the government to act as lawyer for the case.

The Marcoses claimed that they owned 60 percent of the corporations of Tan. However, the Philippine government and the Marcoses cannot produce the originals of the documents supposedly proving that Tan acted as a dummy for the late strongman.

The said corporations of Tan which were allegedly claimed by the Marcoses are Fortune Tobacco Corp.: Asia Brewery, Inc.; Allied Banking Corp.; Foremost Farms; Himmel Industries, Inc.; Grandspan Development Corp.: Silangan Holdings, Inc.; Dominium Realty and Construction Corp. and Shareholdings, Inc.

Source:
Philippine News Agency
Posted April 29, 2010 at http://balita.ph/2010/04/29/sb-junks-with-finality-plea-on-reopening-of-raps-vs-lucio-tan/

Sandiganbayan junks case vs Lucio Tan on Marcos wealth (The Daily Tribune)

noreply@blogger.com (CenturioParko) — Sat, 01 May 2010 19:29:00 +0000

The Sandiganbayan Wednesday junked with finality the petition filed by his brother Mariano Tanenglian against business tycoon Lucio C. Tan for the reopening of the case against Tan in order to prove that his assets are owned by the Marcoses.

The anti-graft court has denied Tanenglian’s motion for reconsideration (MR) for lack of merit based on the five-page resolution of the Sandiganbayan 5th Division.

The court also junked the plea of Mariano Tan to order the Presidential Commission on Good Government (PCGG) to grant him immunity from suit if ever he testifies against his brother.

The Sandiganbayan said the MR filed by Tanenglian last March 15, 2010 did not raise any new matters which would warrant of their ruling last Feb. 12, 2010. The Sandiganbayan earlier ruled that it was “without jurisdiction to direct the PCGG to act on, much less accept, the offer of defendant Tanenglian to be a witness.”

Since Mariano Tanenglian was also a defendant in the case, it was “absurd” of him, instead of the government, to ask for the reopening of the trial. It even blamed the prosecution for failing to present all its witnesses despite being given every chance to do so during a full-blown trial.

Recently, the Anti-Graft Court opined that former PCGG lawyer Catalino Generillo is not a real party in interest and has no legal personality anymore to represent the case after he was sacked by the government to act as lawyer for the case. Hence, he cannot ask for a reopening of the case.

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.”

The Marcoses claimed that they owned the 60 percent of the corporations of Tan. But the Philippine government and the Marcos cannot produce the original documents supposedly proving that Lucio C. Tan acted as dummy for Marcos.

The said corporations of Tan which were allegedly claimed by the Marcoses are Fortune Tobacco Corp., Asia Brewery Inc., Allied Banking Corp., Foremost Farms, Himmel Industries Inc., Grandspan Development Corp., Silangan Holdings Inc., Dominium Realty and Construction Corp. and Shareholdings Inc.

Source:
Charlie V. Manalo
The Daily Tribune
Posted April 30, 2010 at http://www.tribuneonline.org/metro/20100430met1.html

Tan asks court to expedite trial of PCGG case (Malaya)

noreply@blogger.com (CenturioParko) — Fri, 16 Apr 2010 00:50:00 +0000

Businessman Lucio Tan and his co-defendants have asked the Sandiganbayan Fifth Division to consider as ended the government's presentation of evidence with the submission into the record of 419 documentary exhibits.

In a motion filed last April 12, the defendants noted that the graft court has already declared the government presentation terminated on April 23, 2009 after lawyers for the Presidential Commission on Good Government repeatedly failed to produce its witnesses. Despite the said ruling government still did not make a formal offer of evidence on the ground that former PCGG lawyer Calatino Generillo Jr. refused to turn over several documents in his possession after his deputation was not renewed by the Office of the Solicitor General.

But Estelito Mendoza and Orlando Santiago, counsel for Tan, pointed out that the OSG has already "reconstituted" copies of exhibits withheld by Generillo and these were submitted to the court on Sept. 18, 2009.

In a resolution promulgated last Feb. 8, the Sandiganbayan also denied Generillo's motion seeking to reopen the government presentation and the inhibition of justices handling Civil Case no. 0005. On Feb. 22, 2010, the graft court also issued a separate resolution denying a request by defendant Mariano Tanenglian for a directive from the court that would compel the PCGG and the OSG to resolve his application for immunity in exchange for testifying against Tan, his estranged brother.

Generillo and Tanenglian have both filed their respective motions for reconsideration which remain pending.

"The holding in abeyance of the proceedings in the instant case because of the pendency of those motions are prejudicial to the other defendants particularly to the herein defendants, and do not justify perpetuating a violation of defendants' right to a speedy disposition of this case which has been pending for nearly 23 years now," Tan's lawyers argued.

The defendants' lawyers asked to be allowed to file their objections to the government exhibits.

They said they are prepared to start their presentation of evidence starting July to give the court sufficient time to resolve challenges to the admissibility of government evidence.

Source:
Peter Tabingo, Malaya
April 15, 2010
Retrieved from http://www.malaya.com.ph/04152010/metro6.html

Lucio Tan's brother insists on testifying (Philippine Daily Inquirer)

noreply@blogger.com (CenturioParko) — Fri, 26 Mar 2010 04:28:00 +0000

MANILA, Philippines - Businessman Mariano Tanenglian has appealed the anti-graft court Sandiganbayan's ruling denying his offer to testify against his own brother, magnate Lucio Tan, in the government's 22-year-old forfeiture case.

In a motion for reconsideration, Tanenglian asked the Sandiganbayan's Fifth Division to reconsider and set aside its ruling last month that denied all his three motions filed last year asking to be allowed to tell all he knew against his brother.

The government wants to prove that Tan's assets form part of the ill-gotten wealth of the Marcoses so it could seize these in favor of the state. Tanenglian is also a defendant in a civil case but after a falling out with his brother he offered to be a government witness in exchange for immunity.

Last month, the court denied Tanenglian's September 2009 manifestation and motion which asked the court to direct the Presidential Commission on Good Government to resolve his offer to be a government witness, to reopen the trial so he could testify and to order the PCGG and the Office of the Solicitor General to give him copies of their recommendation and resolution that purportedly junked his offer to testify.

The court ruled that directing the PCGG to act on Tanenglian's offer and to provide him copies of documents against him were beyond its jurisdiction and that it was "absurd" for Tanenglian to ask for the reopening of trial considering that he was one of the defendants.

The court also faulted the prosecution for failing to present all of its witnesses despite being given sufficient time to do so.

But in his appeal, Tanenglian said his motion only asked the court to direct the PCGG to resolve his offer, not necessarily to resolve it in his favor.

Tanenglian said: "It is respectfully submitted therefore that the motion to direct resolution does not seek impingement on any of the exclusive powers of the PCGG."

He said that it also comes with the court's power to direct the PCGG to resolve his offer, to direct the PCGG and the OSG to furnish him with copies of their resolutions about his offer.

Tanenglian also argued that the conditions the court cited in faulting the prosecution for wasting several chances to present evidence "is no longer existing" following his readiness and willingness to cooperate with the government.

Last month, the court also denied the omnibus motion of private lawyer Catalino Generillo that sought the reopening of the trial so Tanenglian could testify.

The court said Generillo, who had helped the prosecution until the OSG kicked him out of the case more than a year ago, was no longer a real party in interest in the case.

Generillo also appealed the court's ruling.

Source:
Edson C. Tandoc Jr.
Philippine Daily Inquirer
First Posted March 24, 2010
Retrieved from http://newsinfo.inquirer.net/breakingnews/nation/view/20100324-260647/Lucio-Tans-brother-insists-on-testifying

Court rules brother can’t testify vs Tan (Philippine Daily Inquirer)

noreply@blogger.com (CenturioParko) — Wed, 03 Mar 2010 02:31:00 +0000

MANILA, Philippines—The Sandiganbayan has shut the door to any testimony by businessman Mariano Tanenglian against his brother, taipan Lucio Tan, in a 22-year-old forfeiture case filed by the government.

In a resolution issued last Friday, the anti-graft court’s fifth division denied all three motions Tanenglian filed last year asking to be allowed to testify in the case against his elder brother.

Two weeks ago the same court junked efforts by a private lawyer to present evidence in the government’s case which would have paved the way for Tanenglian to testify.

The government is seeking to prove that Tan’s assets form part of the ill-gotten wealth of the Marcos family, the heirs of the late President Ferdinand Marcos. Marcos and Tan were supposedly partners in business ventures that Tan successfully grew to multibillion-peso enterprises today.

Tan has denied the allegation, while the Marcoses are trying to get what they claim is their share of the enterprises. The government wants to seize all the assets.

Tanenglian is also a defendant in the case against his brother but after they had a falling-out he offered to turn state’s evidence in exchange for immunity.

In a manifestation he filed in September last year, Tanenglian asked the Sandiganbayan to direct the Presidential Commission on Good Government to rule on his long-pending offer to become a government witness and to order the PCGG and the Office of the Solicitor General (OSG) to furnish him copies of their resolution junking his offer to testify.

The Sandiganbayan dismissed all of his motions.

First, the court said, it was “without jurisdiction to direct the PCGG to act on, much less accept, the offer of defendant Tanenglian to be a witness.”

Second, the court ruled that since Tanenglian was also a defendant in the case, it was “absurd” of him, instead of the government, to ask for the reopening of the trial.

Instead, the court again faulted the prosecution for failing to present all its witnesses despite being given every chance to do so.

“The plaintiff had been given several chances and sufficient time to present its evidence. However, from the start of the presentation of its evidence, it has repeatedly requested for postponements and cancellations of hearings due to lack of witnesses, aside from other reasons,” the court said.

Source:
Edson C. Tandoc Jr.
Philippine Daily Inquirer (Posted March 2, 2010)
Retrieved from
http://newsinfo.inquirer.net/breakingnews/nation/view/20100302-256218/Court-rules-brother-cant-testify-vs-Tan

Former PCGG counsel to file motion for reconsideration (The Philippine Star)

noreply@blogger.com (CenturioParko) — Mon, 15 Feb 2010 01:00:00 +0000

MANILA, Philippines - A former special counsel of the Presidential Commission on Good Government said that he appealed the Sandiganbayan’s ruling that rejected a former government lawyer’s move to have business tycoon Lucio Tan’s brother Mariano Tanenglian testify against him to supposedly prove that some of the corporations he owns actually belong to the Marcoses.

Catalino Generillo, former PCGG special counsel handling the government’s ill-gotten wealth case vs Tan, said that he was plodding on in fighting the ill-gotten wealth case despite moves of government lawyers to stop him from doing so. “I will file a motion for reconsideration, definitely,” Generillo told The Star in a phone interview.

Generillo also shrugged off questions on his legal personality in the case, saying the Supreme Court allows private citizens to pursue such cases with “transcendental importance” to public interests.

Generillo cited a doctrine of the Supreme Court raised when it ruled on an ill-gotten wealth case involving the PCGG previously filed by former Solicitor General Frank Chavez where the High Tribunal said that “the matter of recovering the ill-gotten wealth of the Marcoses is an issue of ‘transcendental importance to the public.”

“Ordinary taxpayers have a right to initiate and prosecute actions questioning the validity of acts or orders of government agencies or instrumentalities, if the issues raised are of ‘paramount public interest,’ and if they ‘immediately affect the social, economic and moral well being of the people,” the Supreme Court said in a previous decision, Generillo cited.

Forfeiture case

Generillo was one of the “special counsels” recruited by the late PCGG chairman Haydee Yorac to pursue several important ill-gotten wealth cases against the Marcoses and their cronies in view of the OSG’s previous neglect to pursue the cases supposedly due to a lack of lawyers.

Generillo’s ouster from the case came in the heels of his recent achievement of successfully coordinating with Tanenglian and getting him to agree to be a witness for the government.

Tan’s chief legal counsel Estelito Mendoza, earlier claimed that laws prohibit the hiring of private lawyers to litigate government cases, saying that OSG lawyers should be the ones to do so.

The PCGG had filed the forfeiture case on Tan asset’s on the strength of a public declaration of the widow of the late deposed president Ferdinand Marcos, former First Lady Imelda Marcos, that 60 percent of the tycoon’s companies were owned by her late husband.

Mrs. Marcos had submitted before the anti-graft court deeds of assignment signed by Marcos and Tan where the 60 percent secret ownership by Marcos of Tan’s Shareholdings, Inc., the holding company that holds control of the tycoon’s Fortune Tobacco, Asia Brewery, Foremost Farms and other companies, was laid out.

Source:
Rainier Allan Ronda
The Philippine Star
February 14, 2010
Retrieved from http://www.philstar.com/Article.aspx?articleId=549421&publicationSubCategoryId=65

Sandiganbayan dismisses petition to reopen graft case against taipan

noreply@blogger.com (CenturioParko) — Fri, 12 Feb 2010 01:00:00 +0000

Business tycoon Lucio Tan scored another legal victory after the Sandiganbayan junked the plea of a former Presidential Commission on Good Government (PCGG) lawyer to allow Tan’s brother Mariano Tanenglian to testify against him and prove that his assets are owned by the Marcoses.

In a six-page resolution of the Sandiganbayan 5th Division, promulgated on Feb. 8 and was penned by Associate Justice Roland Jurado, the court denied the reopening of the alleged graft case for lack of merit.

The anti-graft court said former PCGG lawyer Catalino Generillo is not a real party in interest and has no legal personality anymore to represent the case after he was sacked by the government to act as lawyer for the case.

“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 ruling states.

It pointed out that Generillo “cannot claim ownership over the (documents of the case) as the works are the result of the performance of his regularly-assigned duties, hence, ownership belongs to his employer, the PCGG.”

The Sandiganbayan also junked the motion for reconsideration filed by Generillo that the motion for partial summary judgment be allowed. The court ruled the issue has long been resolved by them as early as March 17, 2008.

The magistrates led by Justice Jurado, along with Justices Teresita Diaz-Baldos and Napoleon Inoturan, denied the prayer of Generillo that they must recuse themselves from handling the case for there is no legal grounds to 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.

“Not one of the above instances is present which would warrant the inhibition of the magistrates in the instant case. Hence, the Respectful Motion for Inhibition must be denied,” it states.

Generillo was relieved by then Solicitor General Agnes Devanadera of handling the case against Tan after the Sandiganbayan ordered the prosecution to terminate its presentation of evidence, junking its motion asking for more time to present more witnesses.

Generillo earlier had stated with Tanenglian’s testimony it would open the doors against Tan and to roll the wheels of justice.

He said Tanenglian is a competent state witness against his brother because he was an “insider” because of his knowledge of the alleged deals between Tan and the late dictator Ferdinand Marcos.

Generillo added Tanenglian himself made transactions with Marcos. He stressed that Tanenglian was ready to testify that Lucio Tan “is a mere trustee or agent” of Marcos.

The Marcoses claimed they owned the 60 percent of the corporations of Tan. But the Philippine government and the Marcos cannot produce the originals of the documents supposedly proving that business Tan acted as dummy for the late strongman Marcos.

The corporations of Tan which were allegedly claimed by the Marcoses are Fortune Tobacco Corp., Asia Brewery Inc., Allied Banking Corp., Foremost Farms, Himmel Industries Inc., Grandspan Development Corp., Silangan Holdings Inc., Dominium Realty and Construction Corp. and Shareholdings Inc.

Source:
Charlie V. Manalo,
The Daily Tribune
February 11, 2010
Retrieved from http://www.tribune.net.ph/metro/20100211met4.html

Lawyer foiled on Tan case reopening

noreply@blogger.com (CenturioParko) — Fri, 12 Feb 2010 01:00:00 +0000

THE Sandiganbayan said in a ruling it would not re-open the case against business tycoon Lucio Tan and allow his estranged brother, Mariano Tanenglian, to testify that his assets belonged to the late President Ferdinand Marcos.

The anti-graft court’s ruling thrashed the plea of Catalino Generillo, a former lawyer of the Presidential Commission on Good Government, saying he was no longer directly involved in the case after the commission had sacked him.

“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 re-opening 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, Associate Justice Roland Jurado of the Sandiganbayan Fifth Division said in a six-page resolution.

Generillo said that Tanenglian had a change of heart and would like to tell the truth and serve the cause of justice, which should impel the court to reopen the trial. The former PCGG lawyer’s motion in September 2009 came after the court ordered the prosecution to stop presenting evidence in the case.

Generillo said Tanenglian’s testimony would open the doors against Tan and to roll the wheels of justice. Tanenglian was ready to testify that Tan “is a mere trustee or agent of Marcos.”

The government was seeking to forfeit 60 percent of Tan’s companies, including Fortune Tobacco Corp., Asia Brewery Inc., Allied Banking Corp., Foremost Farms, Himmel Industries Inc., Grandspan Development Corp., Silangan Holdings Inc., Dominium Realty and Construction Corp. and Shareholdings Inc. The estate of the late president Marcos was pursuing the same assets.

Source
Macon Ramos-Araneta, Manila Standard Today
http://www.manilastandardtoday.com/insideNation.htm?f=2010/february/11/nation2.isx&d=2010/february/11

Sandigan junks plea to reopen ownership case

noreply@blogger.com (CenturioParko) — Fri, 12 Feb 2010 01:00:00 +0000

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

Sandigan junks motion vs tycoon

noreply@blogger.com (CenturioParko) — Fri, 12 Feb 2010 01:00:00 +0000

The antigraft court Sandiganbayan junked the motion of a private lawyer to reopen the presentation of evidence in a forfeiture case to allow the businessman Mariano Tanenglian, to testify against his own brother, tobacco magnate Lucio Tan.

In denying the motion of lawyer Catalino Generillo, a former government prosecutor who was taken off the case by the Solicitor General more than a year ago, the Sandiganbayan 5th Division said he was not a “real party in interest” in the case.

The court said: “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.”

The government is seeking to prove that Tan’s assets form part of the ill-gotten wealth of the late dictator Ferdinand Marcos.

In a July 13, 2009 ruling, the Sandiganbayan ordered the prosecution to terminate its presentation of evidence, junking its motion to present more witnesses.

Generillo appealed the ruling, saying Tanenglian was already willing to be a state witness.

Tanenglian is also a defendant in the civil case. He told the court he was willing to testify against his own brother in exchange for immunity.

The court also rejected the appeal of Generillo to reconsider another court ruling on July 31, 2009 granting the Solicitor General’s motion declaring him out of the prosecution team and demanding that he return documentary exhibits in his possession.

Source:
Edson C. Tandoc Jr.
Philippine Daily Inquirer
February 11, 2010
http://newsinfo.inquirer.net/breakingnews/nation/view/20100211-252553/Sandigan-junks-motion-vs-tycoon

Sandiganbayan junks bid to reopen graft raps vs Lucio Tan

noreply@blogger.com (CenturioParko) — Fri, 12 Feb 2010 01:00:00 +0000

The anti-graft court Sandiganbayan dismissed on Wednesday the petition of a former Presidential Commission on Good Government (PCGG) lawyer seeking the reopening of a case by allowing business tycoon Lucio Tan's brother Mariano Tanenglian to testify against him and prove that his assets are owned by the Marcoses.

In a six-page resolution penned by Associate Justice Roland Jurado, the anti-graft court denied the reopening of the trial of the case for lack of merit.

The Sandiganbayan said that former PCGG lawyer Catalino Generillo is not a real party in interest and has no legal personality anymore to represent the case after he was sacked by the government to act as lawyer for the case.

"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 ruling of the anti-graft court said.

It stressed 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."

The Sandiganbayan also dismissed the motion for reconsideration filed by Generillo seeking that the motion for partial summary judgment be allowed.

It ruled that the issue has long been resolved by them as early as March 17, 2008.

The anti-graft court justices led by Associate Justice Jurado, along with Associate Justices Teresita Diaz-Baldos and Napoleon Inoturan, denied the prayer of Generillo that they must recuse themselves from handling the case for there is no legal grounds to allow it.

It stressed that they are not relatives of any lawyer or litigants to the case or acted as guardian or executor in the present case.

Thus, it said, the plea for inhibition has no leg to stand on.

"Not one of the above instances is present which would warrant the inhibition of the magistrates in the instant case. Hence, the Respectful Motion for Inhibition must be denied," it said.

It can be recalled that Generillo was relieved by then Solicitor General Agnes Devanadera in handling the case against Tan after the Sandigan-bayan ordered the prose-cution to terminate its presentation of evidence, junking its motion that sought for more time to present more witnesses.

Generillo recently said that with Tanenglian's testimony, it would open the doors against Tan and to turn the wheels of justice.

He claimed that Tanenglian is a competent state witness against his brother because he was an "insider" because of his knowledge of the alleged deals between Tan and the late dictator Ferdinand Marcos.

Generillo further said that Tanenglian himself made transactions with Marcos.

He pointed out that Tanenglian was ready to testify that Lucio Tan "is a mere trustee or agent" of Marcos.

The Marcoses claimed that they owned 60 percent of the corporations of Tan.

But the government and the Marcoses cannot produce the originals of the documents supposedly proving that business tycoon Tan acted as a "dummy" for the late president.

The corporations owned by Tan which were allegedly claimed by the Marcoses are Fortune Tobacco Corp., Asia Brewery Inc., Allied Banking Corp., Foremost Farms, Himmel Industries Inc., Grandspan Development Corp., Silangan Holdings Inc., Dominium Realty and Construction Corp. and Shareholdings Inc.

Source:
The Mindanao Daily Mirror
February 11, 2010
http://www.dailymirror.ph/Feb-2010/Feb1110/nat1.html

More child abuse raps vs Tanenglians raffled off (The Philippine Star)

noreply@blogger.com (CenturioParko) — Sun, 07 Feb 2010 01:02:00 +0000

The Quezon City regional trial court (RTC) has raffled off the seven counts of child abuse against businessman Mariano Tanenglian and his family in connection with the alleged maltreatment of one of their underage housemaids.

The case, which went to Quezon City RTC Branch 94 Judge Roslyn Rabara-Tria, stemmed from a complaint filed by Aljane Bacanto, a former housemaid of the Tanenglians.

The Tanenglians have filed a motion to suspend the proceedings, according to the court calendar of cases.

The DOJ recommended P80,000 bail for each count of child abuse as well as the filing of charges serious illegal detention and trafficking, which are non-bailable offenses.

Tanenglian’s lawyer, Raymund Quiroz, said they have asked the court to hold the issuance of the warrant of arrest on grounds that their motion for reconsideration is pending with the DOJ.

Source:
Reinir Padua
The Philippine Star
February 06, 2010
Retrieved from
http://www.philstar.com/Article.aspx?articleId=547067