Title
Presidential Commission on Good Government vs. Pena
Case
G.R. No. 77663
Decision Date
Apr 12, 1988
PCGG, tasked with recovering Marcos-era ill-gotten wealth, sequestered assets of joint ventures with Hongkong investors. RTC issued TRO against PCGG’s actions, but Supreme Court ruled Sandiganbayan has exclusive jurisdiction over such cases, affirming PCGG’s quasi-judicial immunity and authority.

Case Summary (G.R. No. 77663)

Issue Presented

The primary question was whether the Regional Trial Courts (RTCs) have jurisdiction over the PCGG and properties sequestered under its authority, and whether RTCs may issue orders restraining or setting aside PCGG actions involving recovery of ill-gotten wealth from the former Marcos regime. The petitioner sought to annul RTC orders issued on February 16 and March 5, 1987, contending lack of jurisdiction and grave abuse of discretion.


Background Facts

PCGG, created to recover ill-gotten wealth amassed by the Marcoses and associates, issued orders freezing assets of American Inter-fashion Corporation and De Soleil Apparel Manufacturing Corporation, both companies having joint ventures between local and Hong Kong investors (including respondents). PCGG appointed Ms. Noemi L. Saludo as Officer-in-Charge (OIC) to manage these companies and authorized certain signatories for transaction purposes. Later, Saludo revoked some authorizations due to violation of immigration status by one signatory and appointed replacements.

Respondents filed an action for damages with an injunction in RTC Pasig, challenging the revocation of authorization and seeking protection against PCGG’s order. RTC issued temporary restraining order and later granted preliminary injunction against the Commission. PCGG contested the RTC actions, alleging lack of jurisdiction and that these impede its recovery functions.


Supreme Court’s Holding on Jurisdiction

The Court unanimously held that RTCs do not have jurisdiction over PCGG or the properties sequestered under its mandate. The exclusive and original jurisdiction over all sequestration and cases involving ill-gotten wealth under the Marcos regime is vested in the Sandiganbayan, as provided by Executive Order No. 14 and confirmed by the 1987 Constitution (Art. XVIII, Sec. 26). Accordingly, RTC orders restraining PCGG actions are null and void, and the RTC case was dismissed.


Legal Basis for Exclusive Jurisdiction of Sandiganbayan

The Constitution and Executive Orders provide:

  • PCGG has primary jurisdiction over investigation, sequestration, and management of ill-gotten wealth (Executive Orders Nos. 1 and 14).
  • All cases concerning such properties, whether civil or criminal, must be filed with Sandiganbayan, which has exclusive original jurisdiction.
  • Sandiganbayan’s decisions are subject to certiorari review only by the Supreme Court.
  • The PCGG exercises quasi-judicial functions in issuing sequestration orders, which are subject to judicial determination of ownership by Sandiganbayan.

The Judiciary Reorganization Act excludes RTCs from jurisdiction over cases already within agencies with quasi-judicial powers like PCGG, unless such powers are specifically designated.


Immunity and Non-Interference in PCGG Functions

The Court emphasized the necessity of protecting PCGG from harassment by multiple suits in lower courts that would hinder its vital function. Executive Order No. 1 explicitly grants immunity from civil suits for PCGG and its members for acts done in good faith in the discharge of their duties. The provision is similar to judicial immunity, to enable efficient performance of their responsibilities without fear of vexatious litigation.

The Court underscored that interference by courts coordinate or inferior to the Supreme Court prevents PCGG from fulfilling its crucial role in recovering national wealth plundered by the previous regime, thus impairing public interest.


Administrative Jurisdiction and Exhaustion of Remedies

The Court recognized that disputes involving the validity of sequestration orders and related claims fall within PCGG’s primary administrative jurisdiction. Hence, parties disputing PCGG orders must exhaust administrative remedies, including appeals to the President, before resorting to courts, and eventually to Sandiganbayan when ownership and illegality issues arise. This follows the principles of comity and respect for agency expertise and discretion, as well as the avoidance of multiplicity of suits and conflicting rulings.


Police Power and Public Interest Justification

The Court explained that PCGG’s powers are rooted in the State’s police power to promote the public welfare by recovering public funds wrongfully appropriated. These powers include sequestering assets to prevent their dissipation and to conserve public resources. Given the gravity of the Marcos regime’s plunder, the broad and exclusive jurisdiction is warranted to ensure effective and orderly recovery, indispensable for national survival and economic rehabilitation.


Evidentiary Summary and Factual Complexity

The Court noted the detailed submission by the Solicitor General presenting prima facie evidence of ill-gotten wealth transacted through complex corporate structures and nominee arrangements. While not conclusive of fact—these matters must be proven in Sandiganbayan—the court acknowledged the necessity of such centralized jurisdiction given the intricate and widespread nature of plundered assets.


PCGG’s Accomplishments as Context

Though not central to the legal holding, the Court cited the extensive recovery efforts and substantial amounts of cash, properties, and corporate assets sequestered or surrendered since PCGG’s inception. This backdrop supports the policy rationale for protecting PCGG’s administrative jurisdiction and immunities.


Separate Opinions Overview

Concurring Opinion (Justice Feliciano):
Agreed substantially with the majority on jurisdictional exclusivity to Sandiganbayan. However, he clarified that PCGG exercises only loose quasi-judicial functions, functioning more as a prosecutor determining prima facie cases and not a tribunal adjudicating final legal rights. He expressed reservations on the broad immunity granted by Executive Order No. 1, cautioning that absolute immunity contravenes constitutional accountability mandates. Immu



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