G.R. No. 189434 - Marcos, Jr. vs. Republic

On December 17, 1991, the Presidential Commission on Good Government (PCGG) filed Petition for Forfeiture before the Sandiganbayan (Civil Case No. 0141) under Republic Act No. 1379 and Executive Orders Nos. 1, 2 and 14.
The Republic sought forfeiture of:

Swiss bank accounts totaling USD 356 million (later USD 658 million) held in escrow at the Philippine National Bank;
Two U.S. treasury notes worth USD 25 million and USD 5 million frozen by the Bangko Sentral;
Assets of dummy corporations and other real and personal properties manifestly disproportionate to lawful income.

The petition identified Arelma, Inc., a Panamanian corporation organized to maintain an account and portfolio with Merrill Lynch Asset Management in New York.
Malacañang documents (Annex V-21) revealed:

Letters of instruction (September 21, 1972) to form Arelma with directors and signatories;
Correspondence authorizing opening of the Merrill Lynch account;
A May 19, 1983 letter valuing Arelma assets at USD 3,369,975;
Swiss bank opening documents and statements showing Arelma’s account history.

December 28, 1993 – Marcos heirs and PCGG signed Compromise Agreements for global settlement; based on a Swiss Federal Tribunal judgment (December 21, 1990) recognizing USD 356 million for the Republic subject to conditions.
1996 Motion for Summary Judgment denied by Sandiganbayan due to pending Compromise Agreements; Imelda Marcos claimed 90% ownership of the funds.
March 10, 2000 – Republic filed Motion for Summary Judgment (2000 Motion) on the USD 356 million Swiss accounts; granted by Sandiganbayan on September 19, 2000, declaring them ill-gotten.
January 31, 2002 – Sandiganbayan reversed; Supreme Court (G.R. No. 152154) reinstated the September 19, 2000 Decision on November 18, 2003.
July 16, 2004 – Republic filed Motion for Partial Summary Judgment (2004 Motion) to declare Arelma assets forfeited; oppositions filed by Marcos children and motions to expunge by Irene Marcos-Araneta.
April 2, 2009 – Sandiganbayan granted the 2004 Motion, forfeiting Arelma assets (USD 3,369,975 plus accruals) in favor of the Republic.
October 22, 2009 – Ferdinand R. Marcos Jr. filed a Rule 45 petition; Imelda Marcos filed a separate petition one week later; petitions were consolidated.

Whether Civil Case No. 0141 is criminal in nature, thus precluding summary judgment.

Whether the Republic complied with Section 3(c), (d) and (e) of RA 1379 regarding allegations on property acquired and lawful income.

Whether Civil Case No. 0141 has terminated, barring further motions for partial summary judgment.

Whether petitioners raised genuine, triable issues of material fact that would preclude summary judgment.