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ENBANC
NOTICE
Please take notice that the Court en bane issued a Resolution
dated JULY 9, 2013, which reads as follows:
"G.R. No. 180705 (Eduardo M. Cojuangco, Jr. vs. Republic of the
Philippines). - Before us is a Motion for Reconsideration dated December
21, 2012 filed by petitioner Eduardo M. Cojuangco, Jr. (Cojuangco) in G.R.
No. 180705.
After two motions for reconsideration filed on February 27, 2013 and
April 2, 2013, respondent Republic of the Philippines filed its Comment on
the Motion for Reconsideration on April 18, 2013. Petitioner filed its Reply
(Re: Republic's Comment, dated April18, 2013) on May 9, 2013.
Previously in our November 27, 2012 Decision, this Court affirmed
with modification, Part C of the Sandiganbayan's Partial Summary
Judgment in Civil Case No. 0033-A (PSJ-A) rendered on July II, 2003, as
amended by a Resolution issued on June 5, 2007. As modified by this Court,
the dispositive portion in Part C of the Sandiganbayan's PSJ-A reads as
follows:
C. Re: MOTION FOR PARTIAL SUMMARY JUDGMENT (RE:
EDUARDO M. COJUANGCO, JR.) dated September 18, 2002 filed by
Plaintiff.
1. Sec. 1 of P.D. No. 755 did not validate the Agreement between
PCA and defendant Eduardo M. Cojuangco, Jr. dated May 25,
1975 nor did it give the Agreement the binding force of a law
because of the non-publication of the said Agreement.
2. The Agreement between PCA and defendant Eduardo M.
Cojuangco, Jr. dated May 25, 1975 is a valid contract for having
the requisite consideration under Article 1318 of the Civil Code.
3. The transfer by PCA to defendant Eduardo M. Cojuangco, Jr. of
14,400 shares of stock of FUB (later UCPB) from the "Option
Shares" and the additional FUB shares subscribed and paid by
PCA, consisting of
Notice of Resolution - 2 - G.R. No. 180705
July 9, 2013
a. Fifteen Thousand Eight Hundred Eighty-Four (15,884) shares
out of the authorized but unissued shares of the bank,
subscribed and paid by PCA;
b. Sixty Four Thousand Nine Hundred Eighty (64,980) shares of
the increased capital stock subscribed and paid by PCA; and
c. Stock dividends declared pursuant to paragraph 5 and
paragraph 11 (iv) (d) of the PCA-Cojuangco Agreement dated
May 25, 1975 or the so-called "Cojuangco-UCPB shares"
is declared unconstitutional, hence null and void.
4. The above-mentioned shares of stock of the FUB/UCPB
transferred to defendant Cojuangco are hereby declared
conclusively owned by the Republic of the Philippines to be used
only for the benefit of all coconut farmers and for the development
of the coconut industry, and ordered reconveyed to the
Government.
5. The UCPB shares of stock of the alleged fronts, nominees and
dummies of defendant Eduardo M. Cojuangco, Jr. which form part
of the 72.2% shares of the FUB/UCPB paid for by the PCA with
public funds later charged to the coconut levy funds, particularly
the CCSF, belong to the plaintiff Republic of the Philippines as
their true and beneficial owner.
Accordingly, the instant petition is hereby DENIED.
Costs against petitioner Cojuangco.
SO ORDERED.
In their Motion for Reconsideration, petitiOner prays that the
November 27, 2012 Decision be reconsidered as the Court erred in affirming
with modification the Sandiganbayan's decision, and that it violated
petitioner's constitutional rights to due process and non-impairment of
contract. Petitioner, thus, seeks the dismissal of the complaint against him in
PSJ-A.
Considering that the Motion for Reconsideration contains a mere
reiteration or rehash of arguments that have already been previously pleaded,
submitted and resolved by this Court in its November 27, 2012 Decision,
and that the arguments therein are too unsubstantial to warrant
reconsideration or modification, the Court, therefore, finds no reason to
modify or abandon the challenged Decision.
No further pleadings shall be entertained. Let Entry of Judgment be
made in due course." Carpio and Leonardo-De Castro, JJ., no part. Brion,
J., on leave. Peralta, J., no part. (adv18)
Very truly yours,
E N R ~ ~ ~ ~ L
Resolution
Atty. Estelito P. Mendoza (reg)
Counsel for Eduardo M. Cojuangco, Jr.
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G.R. No. 180705
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G. R. No. 180705
July 9, 2013
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