Samuel C. Samuela Jr.

Republic of the Philippines vs Sandiganbayan, Major-General Josephus Q. Ramas & Elizabeth Dimaano

Petitioners: RP
Respondents: Sandiganbayan et.al
G.R. No. 104768 | July 21, 2003
Ponente: Justice Antonio Carpio

Facts:

Upon the successful revolution, President Corazon Aquino mandated Executive Order no. 1 creating the
Philippine Commission for Good Governance (PGCC) and tasked said commission to retrieve or recover
the ill-gotten wealth accumulated by Former President Ferdinand Marcos and his cronies. As such, the
PCGG entrusted the Armed Forces of the Philippines (AFP) Board and investigated the alleged
unexplained wealth of Major General Josephus Q. Ramas (Ramas). It was disclosed by affidavits from
members of Philippine Army, Military Security Unit, Military Security Command stationed at Camp
Eldridge that one Elizabeth Dimaano (Dimaano) is a mistress of Ramas and they allegedly sleep together
in her residence at Brgy. Tengga, Itaas, Batangas. Affidavits states that Ramas was seen bringing 4
attaches in said residence and embracing and kissing Dimaano. The house of Dimaano was raided and
the raiding team search and seize military items, communication equipment, firearms, land titles and
sum of money valued at Php 2,974,134.00 and 50, 000 US Dollars. The PCGG filed an amended
complaint to Sandiganbayan which was dismissed and a motion for reconsideration. Hence, the
petitioners file a review on certiorati to the Supreme Court which was also DISMISSED.

Issues:

1. Whether the PCGG as the jurisdiction to investigate Private Respondents

2. Whether the Propriety of Dismissal of Case before Completion of Presentation of Evidence
3. Legality of the Search and Seizure

Rulling/Held:

1. No. The PCGG has no jurisdiction to investigate the respondents Ramas and Dimaano. SC
decided that Ramas holding a position of Commanding General in the Philippine Army does not
make him automatically a subordinate if Marcoses, its relative and its cronies. The PCGG sought
to investigate and prosecute the respondents under EO 1, 2, 14, 14-A but the result yields
violations of RA 3019 and 1379 with no relation to EO 1, 2, 14 and 14-A. Such allegations pressed
against Ramas should be in the jurisdictions of Ombudsman and Solicitor General for violations
of 3019 and 1379. PCGG’s sole task is only to recover the ill-gotten wealth of the Marcoses, their
relatives and cronies. Without these elements, the PCGG cannot claim jurisdiction over a case.

2. No. given that the PCGG has no jurisdiction to investigate and prosecute the case against the
respondents this alone is sufficient to dismiss the case. The Sandiganbayan also blame the
petitioners for their failure to present evidence and proceed to trial, the Sandiganbayan has
given the petitioners ample time to present its evidence but the petitioners failed to do so,
hence the Sandiganbayan correctly observed that a case already pending for years would revert
to its preliminary stage if the court were to accept the Re-Amended Complaint.
3. No. The constabulary raiding team served at Dimaano’s residence and the Sandiganbayan ruled
that it is an illegal search and seizure, petitioners claims that Sandiganbayan erred in this
decision, the raid happened 5 days after the EDSA revolution, suspending the 1973 Philippine
Constitution thus making the Bill of Rights ineffective. Although the revolutionary government
suspended the 1973 Constitution, causing an integrum, the revolutionary government is still
bounded by Universal Declaration of Human Rights (Declaration) and International Covenant of
Civil and Political Rights (Covenant) specifically Art. 2(1) of the Covenant to respect and to
ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in
the present Covenant Art. 17(1) of the Declaration to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the right recognized in the present Covenant.
However, constabulary raiding team raided the residence of Dimaano exceeding theirs rights
and despite the search warrant containing only for search and seizure of firearms and
ammunition. The constabulary team opt to take military items, communication equipment,
firearms, land titles and sum of money valued at Php 2,974,134.00 and 50, 000 US Dollars.