Case Summary (G.R. No. 71980)
Petitions Filed
A petition for forfeiture was filed on October 27, 2004, by the Ombudsman against the Garcia family. Garcia filed a Motion to Dismiss on November 17, 2004, citing lack of jurisdiction of the Sandiganbayan over such forfeiture actions. Concurrently, he filed a petition for certiorari before the Supreme Court (G.R. No. 165835), questioning the Sandiganbayan's jurisdiction. The Supreme Court ruled on this petition on July 22, 2005, affirming Sandiganbayan’s jurisdiction.
Motion to Dismiss and Default Rulings
The Sandiganbayan addressed the Republic’s motion to expunge the Garcia family's Motion to Dismiss, which was deemed defective for lacking proper notice of hearing, contravening Section 5, Rule 15 of the Rules of Court. Consequently, the Sandiganbayan declared Garcia et al. in default and scheduled the case for ex parte hearings.
Sandiganbayan's Jurisdiction
The Sandiganbayan confirmed its jurisdiction over petitions for property forfeiture under R.A. No. 1379, stating that the authority to file such actions belongs to the Office of the Ombudsman for properties acquired after February 25, 1986. The resolution affirmed that a procedural defect in the Motion to Dismiss did not halt the requirement for a timely response from Garcia et al.
Appeals and Arguments
Garcia’s Motion for Reconsideration was filed on January 25, 2005, arguing that the failure to answer was impacted by the pending petition at the Supreme Court (G.R. No. 165835). The Sandiganbayan, however, ruled that the principle of judicial courtesy did not apply since the motion was procedurally defective and did not cite any legitimate reason for default relief.
Supreme Court Review
In his petition to the Supreme Court, Garcia asserted that the Sandiganbayan's refusal to acknowledge his Motion to Dismiss, which he alleged was timely and compliant with due process, was erroneous. He claimed that he deserved an extension to file an answer due to the time needed to accommodate the dismissal of his motion.
Final Determination
The Supreme Court found no merit in Garcia's claims regarding timely filing of the motion to dismiss.
...continue readingCase Syllabus (G.R. No. 71980)
Case Overview
- The case involves a petition for the forfeiture of unlawfully acquired property filed against Major General Carlos F. Garcia, his wife, and two sons before the Sandiganbayan.
- The case resulted in two petitions for certiorari that raised different legal questions.
- The first petition, G.R. No. 165835, challenged the jurisdiction of the Sandiganbayan over the forfeiture case under Republic Act No. 1379 and was dismissed on 22 July 2005, affirming the Sandiganbayan's jurisdiction.
Background of the Case
- On 27 October 2004, the Ombudsman filed a petition for forfeiture against the Garcia family before the Sandiganbayan.
- Garcia and his family filed a Motion to Dismiss on 17 November 2004, claiming lack of jurisdiction by the Sandiganbayan.
- Concurrently, Garcia filed the first certiorari petition (G.R. No. 165835) questioning the jurisdiction.
Proceedings and Motions
- While the first certiorari petition was pending, the forfeiture case proceeded.
- The Republic moved to expunge Garcia's Motion to Dismiss, asserting it was defective due to a late notice of hearing.
- The Sandiganbayan, on 20 January 2005, denied the Motion to Dismiss, declared Garcia in default, and set the case for ex parte reception of evidence.
Sandiganbayan's Rulings
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