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CITING neglect on the part of government lawyers, the Sandiganbayan dismissed a decades-long ill-gotten wealth case against Ferdinand Marcos Sr., his wife Imelda, and their government photographer.

Filed in July 30, 1987 and docketed as Civil Case 0032, the complaint sought for reconveyance, reversion, accounting, restitution, and damages for the “unlawful acquisition” of P5 million worth of vehicles in the name of Timbol.

In its resolution dated February 18, the Sandiganbayan Second Division cited the failure of the Presidential Commission on Good Government (PCGG) and the Office of the Solicitor General (OSG) to hold the defendant, the Marcos couple, in defaul after Imelda Marcos, failed to response to court order.

Holding the Marcos couple in default could have continued the prosecution of the Marcos couple, including the demand for damages.

“Regardless of the passage of time, the plaintiff's duty to move for a default order is unchanged. Yet, the plaintiff failed to do so and for all intents and purposes, left the present complaint pending without resolution,” read the resolution written by Presiding Justice Geraldine Econg.

Under the 1997 Rules of Civil Procedure, an accused declared in default means the court could move ahead with the judgement of the case.(Johanna Sumalinog, USJ-R Intern)

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