FERDINAND MARCOS, the country’s president when Rep. Imelda Romualdez-Marcos was minister of human settlements and Manila governor, was not indicted with her in the 10 counts of corruption that the Ombudsman filed with the Sandiganbayan. He was not a co-accused, the martial law ruler having died in 1989 during his exile in Hawaii and the charges were filed only two years later.
True, then president Ferdinand Marcos (FM) was widely believed to be as much a participant as his wife in stashing away in Swiss bank accounts an estimated U.S. $200 million. The pseudonyms used included one for each of the couple: “John Lewis” and “Jeanne Ryan.”
Liability extinguished
But FM’s criminal liability ceased upon his death. His estate though, which went to Imelda and the Marcos children (Bongbong, Imee and Irene), is supposed to answer for the return of the money to the government and for other civil liabilities of the Marcos couple.
An interesting and relevant fact, obscured in the finding of guilty, is about the three cases in which she was cleared: “no sufficient evidence” against Imelda in those incidents. What the evidence reportedly showed was the role of Ferdinand: not Imelda’s but the husband’s. They related to transactions in the Philippines involving US$25 million. Former prime minister Cesar Virata’s testimony did not directly link Imelda to the deals, only her husband FM, one news report said.
Crime is personal
A crime is personal unless conspiracy was established, in which the act of one is the act of all. Prosecutors probably did not bother to prove conspiracy; after all, the alleged conspirator was no longer target of the lawsuit. Prosecutors cared more about convicting the accused than recovering the stolen wealth.
Mrs. Marcos, who was also convicted in 1993 for another criminal case but was cleared by the Supreme Court on appeal, had been slapped with a total of 28 criminal cases, the last 10 being the ones that Sandiganbayan promulgated last Nov. 9. What remain are forfeiture and other civil cases arising from the alleged criminal acts.
It is in the civil complaints that the children may be included as they are the successors to FM’s estate.
Tribute to prosecutors
The prosecutors-- who were several, led by a succession of ombudsman leaders, given the long span of time– must be credited for the win at this stage.
They must have faced formidable odds, not the least of which was the capacity of the Marcoses to delay and derail the prosecution because of wealth and power.
Etta Rosales, former Human Rights Commission chairperson, said she jumped up and down, not metaphorically, when she read the news. Even if Imelda wouldn’t spend a single day in jail, with all the signs of what’s ahead for her, the nation must be convinced that plunder was committed-- and not just by one member of the family. “Hindi nag-iisa si Madame,” a prosecutor said.