Supreme Court acquits Imelda Marcos in graft case

THE Supreme Court (SC) overturned the conviction of former first lady Imelda R. Marcos on seven counts of graft over her alleged financial interest in Swiss foundations, finding the prosecution failed to prove her guilt beyond reasonable doubt. In a 50-page decision promulgated Jun. 10 and made public on Wednesday, the SC’s First Division acquitted Mrs. Marcos of violating Section 3(h) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, in relation to Article IX, Section 8 of the 1973 Constitution. The ruling reversed the Sandiganbayan’s Nov. 9, 2018 decision, which sentenced Mrs. Marcos to six years and one month to 11 years’ imprisonment for each count and perpetual disqualification from public office. She was acquitted in three other cases. The charges involved alleged financial or pecuniary interests in, and management of, foreign foundations, including accounts with Swiss financial institutions. The SC found a fundamental defect in four cases involving the Maler, Trinidad, Rayby and Palmy foundations. The informations identified Mrs. Marcos as an Interim Batasang Pambansa member, but the Sandiganbayan applied the constitutional restriction for Cabinet members. The charges were never amended. The court also found the prosecution’s evidence insufficient. Swiss bank documents were not properly authenticated, while its witnesses lacked personal knowledge of their contents. It also ruled that the foundations were not proven to be “businesses” under the law, noting that asset management, bank accounts, fund transfers, and investment profits did not establish commercial activity. “Doubts on the coverage of the term ‘business’ should be resolved against the State and in favor of the accused-appellant,” the court said, in the decision penned by Associate Justice Rodil V. Zalameda. The ruling does not resolve separate forfeiture proceedings concerning alleged ill-gotten wealth. — Mark Joseph M. Sanchez