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The Sandiganbayan has dismissed another civil case against the late President Ferdinand Marcos, Sr. and former First Lady Imelda Marcos due to failure of the Presidential Commission on Good Governance (PCGG) to prosecute the case.

In a 12-page resolution issued last February 18, the Second Division said the government prosecutors failed to act on the case for close to four decades.

“There is no question that the PCGG has failed to prosecute the case for an unreasonable length of time. As it is, the present complaint has clogged the docket of the Court for so long, and it can no longer be countenanced,” the Sandiganbayan said.

“As the law and jurisprudence dictate, plaintiff’s unexplained inaction for more than four decades warrants the dismissal of the complaint against defendant Spouses Marcos,” the anti-graft court added.

The 2nd Division said the present case is also “deemed disposed of in its entirety.”

“So viewed, the dismissal of the instant complaint against defendant Spouses Marcos for actual, moral, temperate, nominal and exemplary damages and attorney’s fees is proper,” the resolution stated.

“With the earlier adjudication of the other causes of action against defendant Fernando Timbol in the Court’s Decision dated February 8, 1989 and the satisfaction of the writ of execution issued pursuant thereto, the present complaint is deemed disposed of in its entirety,” it added.

Civil Case 0032 was filed in July 1987 as part of over 40 civil suits lodged by the PCGG against the Marcos couple and their supposed cronies, seeking to recover alleged ill-gotten wealth.

Previously, the Sandiganbayan junked some of the cases for “inordinate delay” by the PCGG and Office of the Solicitor General to present evidence.

In February 1989, the Sandiganbayan declared the motor vehicles and appliances subject of the case forfeited in favor of the State. It ruled that the items were “unlawfully acquired” by Timbol.

The resolution was penned by Sandiganbayan Presiding Justice and Second Division Chairperson Geraldine Faith Econg.

The plaintiff alleged the subject personal properties of co-accused Timbol were acquired due to his relationship, influence and connection with the Marcoses.

The PCGG’s claim for the said case was for “actual, moral, temperate, nominal and exemplary damages” and attorney’s fees.