Sandigan affirms dismissal of civil case vs coconut firms

By Joel R. San Juan @jrsanjuan1573

eight cases in 1995 with the case against Cocofed, CIC and Cocomark going to Civil Case No. 0033-B. Cojuangco subsequently sought the dismissal of the cases filed against him, citing violation of his constitutional right to speedy disposition of cases.

In 2021 or a year after his death, the Supreme Court ruled to grant his plea to dismiss the civil cases against him.

C iting the SC ruling, the Cocofed, Cocomark, and CIC sought the dismissal of the civil case against them before the Sandiganbayan.

sideration should be dismissed due to its failure to raise new arguments that would warrant the reversal of its resolution. “ The motion for reconsideration must be denied. Primarily, the grounds relied upon by the plaintiff have already been carefully and exhaustively considered and passed upon in the assailed resolution,” the Sandiganbayan ruled.

In an eight-page resolution dated July 31, 2023, the anti-graft court denied the PCGG’s motion for reconsideration filed on May 31, 2023 assailing its May 16, 2023 resolution which granted the motion to dismiss the civil case filed against Coconut Producers Federation, Inc. (Cocofed), Coconut Investment Co. (CIC), and Cocofed Marketing Corp. (Cocomark).

T he Sandiganbayan granted these companies’ motion to dismiss on the ground of inordinate delay that violated their constitutional right to speedy disposition of cases.

B ased on the records of the case, Civil Case No. 0033 was instituted by the PCGG against several businessmen including the late businessman Eduardo M. Cojuangco Jr. and several companies allegedly formed using coco levy funds. The case was subdivided into

I n its motion for reconsideration, the PCGG argued that the three companies were not similarly situated with Cojuangco, Jr. and that their constitutional rights to due process and speedy disposition of cases were not violated since they failed to timely assert the same.

T he PCGG also accused the three companies of filing dilatory motions which contributed to the delay in the proceedings of the case.

H owever, the Sandiganbayan held that PCGG’s motion for recon -

T he Sandiganbayan stressed that the SC has already ruled that the subject cases (Civil Case Nos. 0033) have been pending for 32 years from the filing of the original complaint and 24 years from the subdivision of the complaint, yet, the trial proper has yet to commence.

T he SC also held that “the right to speedy disposition of a case is deemed violated when, without cause or justifiable motive, a long period of time is allowed to elapse without the party having his case tried.” beneficiaries of the EU GSP+ arrangement as it is a “special incentive arrangement for sustainable development and good governance, which reduces tariffs to 0 percent for broadly the same tariff lines as Standard GSP.”

To rule otherwise will make a mockery of the precedential value or doctrinal authority vested in the cases decided by the Supreme Court,” the Sandiganbayan said.

According to the EU, this arrangement is granted to vulnerable lowand lower-middle income countries that implement 27 international conventions related to human rights, labor rights, protection of the environment, and good governance.

O n top of the key industries that the Philippines is benefitting from— in the areas of agricultural products like coconut oil, tuna, bicycles, and some electrical devices including hair dryers and vacuum cleaners, among others -- under the GSP plus, Pascual said that under the PH-EU FTA, the Trade department is looking at negotiating for more sectors.

Definitely, we’ll negotiate for the sectors but this is a give and take unlike with GSP plus, it’s one way you know, we’re getting preferential trade concessions with an FTA we’ll get the tariff concessions but at the same time we have to give,” Pascual added.

O n Monday, the EU and the Philippines announced their intention to explore the relaunch of negotiations for an ambitious, modern, and balanced free trade agreement (FTA)—with sustainability at its core, according to the EU website.

For her part, European Commission President Ursula Von der Leyen said, “The Philippines is a key partner for us in the Indo-Pacific region, and with the launch of this scoping process we are paving the way to taking our partnership to the next level. Together, we will realize the full potential of our relationship, creating new opportunities for our companies and consumers while also supporting the green transition and fostering a just economy.”