REPUBLIC VS. SANDIGANBAYAN G.R. No. 152154 July 15, 2003 406 SCRA 190 AC!S" On December 17, 1991, petitioner Republic, through the Presidential Commission on Good Government (PCGG), AC!S" On represented b the (O!G), "led a petition #or #or#eiture be#ore the !andiganbaan, entitled Republic of the Philippines vs. Ferdinand E. Marcos, represented by his Estate/Heirs and Imelda R. Marcos, Marcos , pursuant to R$ 1%79 1 in relation to &'ecutive Order os 1, *,1+ and 1+$ -n said case, petitioner sought the declaration o# the aggregate amount o# .!/%0 million (no2 estimated to be more than .!/03 million inclusive o# interest) deposited in escro2 in the P4, as illgotten 2ealth 5he #unds 2ere previousl held b the #ollo2ing "ve account groups, using various #oreign #oundations in certain !2iss ban6s (1) $8ioersoibur :oundation accounts; (*)
aler :oundation accounts -n addition, the petition sought the #or#eiture o# .!/*0 million and .!/0 million in treasur notes 2hich e'ceeded the >arcos couple?s salaries, other la2#ul income as 2ell as income #rom legitimatel ac@uired propert propert 5he treasur notes are #ro8en at the Central 4an6 o# the Philippines, no2 4ang6o !entral ng Pilipinas, b virtue o# the #ree8e order issued b the PCGG the "led their ans2er 4e#ore the case 2as set #or pretrial, a General $greement and the !upplemental $greements dated December *3, 199% 2ere e'ecuted b the >arcos children and then PCGG Chairman >agtanggol Gunigundo #or a global settlement o# the assets o# the >arcos #amil, and subse@uentl "led #or the approval o# said agreements and #or the en#orcement thereo# petitioner "led a motion #or summar Audgment andBor Audgment on the pleadings Respondent >rs >arcos "led her opposition thereto 2hich 2as later adopted b respondents >rs >anotoc, >rs $raneta and :erdinand, r On >arch *+, *, a hearing on the motion #or summar Audgment 2as conducted -n a decision9 dated !eptember 19, *, the !andiganbaan granted petitioner?s motion #or summar Audgment COCE.!-O 5here is no no issue o# #act #act 2hich calls calls #or the presentation presentation o# evidence 5he >otion #or !ummar udgment udgment is hereb hereb granted granted 5he !2iss deposits 2hich 2ere 2ere transmitted to and no2 held in escro2 at the P4 are deemed unla2#ull unla2#ull ac@uired as ill gotten 2ealth D-!PO!-5-O =F&R&:OR&, Audgment is hereb rendered in #avor o# the Republic o# the Philippines and against the respondents, declaring the !2iss deposits 2hich 2ere trans#erred to and no2 deposited in escro2 at the Philippine ational 4an6 in the total aggregate value e@uivalent to .!/*7,3,0++90 as o# $ugust %1, * together 2ith the increments thereo# #or#eited in #avor o# the !tate Respondent >arcos "led motion #or reconsideration the !$D-G$4$$ granted the motion #or reconsideration and reversed its "rst decision, hence this petition -!!.& 2hether or not respondents raised an genuine issue o# #act 2hich 2ould either Austi# or negate summar Audgment F&ED #1$ !%E PR&PRIE!Y & SU''ARY JUDG'EN! =e hold that respondent >arcoses #ailed to raise an genuine issue o# #act in their pleadings 5hus, on motion o# petitioner Republic, summar Audgment should ta6e place as a matter o# right -n the earl case o# Auman o# Auman vs. Esteno*+, summar Audgment 2as described as a Audgment 2hich a court ma render be#ore trial but a#ter both parties have pleaded -t is ordered b the court upon application b one part, supported b aHdavits, depositions or other documents, 2ith notice upon the adverse part 2ho ma in turn "le an opposition supported also b aHdavits, depositions or other documents 5his is a#ter the court summaril hears both parties 2ith their respective proo#s and "nds that there is no genuine issue bet2een them !ummar Audgment is sanctioned in this Aurisdiction Aurisdicti on b !ection !ection 1, Rule Rule %0 o# the 1997 1997 Rules Rules o# Civil Proced Procedure ure !&C5-O 1 !ummar Audgment #or claimant $ part see6ing to recover upon a claim, counterclaim, or crossclaim or to obtain a declarator relie# ma, at an time a#ter the pleading in ans2er thereto has been served, move 2ith supporting aHdavits, depositions or admissions #or a summar Audgment in his #avor upon all or an part thereo# *0 !ummar Audgment is proper 2hen there is clearl no genuine issue as to an material #act in the action * 5he theor o# summar sum mar Au Audg dgmen mentt is th that, at, alt althou hough gh an an ans2e s2err ma on its #ac #ace e ap appea pearr to ten tende derr iss issues ues re@uiri re@uiring ng tri trial, al, i# it is demonstrated b aHdavits, depositions depositions or admissions that those issues are not genuine but sham or "ctitious, the Court is Austi"ed in dispensing 2ith the trial and rendering summar Audgment #or petitioner Republic
O G&.-& -!!.& 4&C$.!& -n their ans2er, ans2er, asid aside e #rom admitting admitting the e!istence o# the subAect #unds, #unds, res respon pondent dents s li6 li6e2is e2ise e admi admitted tted o"nership thereo# Paragraph ** o# respondents? ans2er stated ** Re Respon spondent dents s spec speci"ca i"call ll D& P$R $R$GR $GR$PF $PF *% inso inso#ar #ar as it alle alleges ges that res respond pondents ents clan clandesti destinel nel stashed the countr?s 2ealth in !2it8erland and hid the same under laers and laers o# #oundations and corporate entities #or being #alse, the truth being that ()*+o-)*/ o()*- +(o+)()* )() lully u()- (emphasis supplied supplied))
4 @uali#ing their ac@uisition o# the !2iss ban6 deposits as la2#ul, respondents un2ittingl admitted their o2nership thereo# Respondent >rs >arcos also admitted o2nership o# the !2iss ban6 deposits b #ailing to den under oath the genuineness and due e'ecution o# certain actionable documents bearing her signature attached to the petition $s discussed earlier, !ection 11, Rule 3 3 o# the 1997 Rules o# Civil Procedure provides that material averments in the complaint shall be deemed admitted 2hen not speci"call denied
-n their ans2er, respondents #ailed to speci"call den each and ever allegation contained in the petition #or #or#eiture in the manner re@uired b the rules $ll the gave 2ere stoc6 ans2ers li6e Ithe have no suHcient 6no2ledgeI or Ithe could not recall because it happened a long time ago,I and, as to >rs >arcos, Ithe #unds 2ere la2#ull ac@uired,I 2ithout stating the basis o# such assertions !ection 1, Rule 3 o# the 1997 Rules o# Civil Procedure, provides $ de#endant must speci# each material allegation o# #act the truth o# 2hich he does not admit and, 2henever practicable, shall set #orth the substance o# the matters upon 2hich he relies to support his denial =here a de#endant desires to den onl a part o# an averment, he shall speci# so much o# it as is true and material and shall den the remainder =here a de#endant is 2ithout 6no2ledge or in#ormation suHcient to #orm a belie# as to the truth o# a material averment made in the complaint, he shall so state, and this shall have the eJect o# a denial *3 5he purpose o# re@uiring respondents to ma6e a speci"c denial is to ma6e them disclose #acts 2hich 2ill disprove the allegations o# petitioner at the trial, together 2ith the matters the rel upon in support o# such denial Our Aurisdiction adheres to this rule to avoid and prevent unnecessar e'penses and 2aste o# time b compelling both parties to la their cards on the table, thus reducing the controvers to its true terms $s e'plained in Alonso vs. #illamor ,*9
&videntl, this particular denial had the earmar6 o# 2hat is called in the la2 on pleadings as a ne$ative pre$nant , that is, a denial pregnant 2ith the admission o# the substantial #acts in the pleading responded to 2hich are not s@uarel denied -t 2as in eJect an admission o# the averments it 2as directed at %+ !tated other2ise, a negative pregnant is a #orm o# negative e'pression 2hich carries 2ith it an aHrmation or at least an implication o# some 6ind #avorable to the adverse part -t is a denial pregnant 2ith an admission o# the substantial #acts alleged in the pleading =here a #act is alleged 2ith @uali#ing or modi#ing language and the 2ords o# the allegation as so @uali"ed or modi"ed are literall denied, has been held that the @uali#ing circumstances alone are denied 2hile the #act itsel# is admitted
