G.R. No.

104768 July 21, 2003

REPUBLIC OF THE PHILIPPINES v. SANDIGANBAYAN, MAJOR-GENERAL
JOSEPHUS Q. RAMAS AND ELIZABETH DIMAANO
Doctrine: Petition for certiorari on the decision made by Sandiganbayan on the Amended Complaint by the PCGG.
Facts:
The Presidential Commission on Good Government filed a case against former major-general Josephus
Q. Ramas and his alleged mistress Elizabeth Dimaano on violating the “Anti-Graft and Corrupt
Practices Act (RA 3019)” amended as “Forfeiture of unlawfully Acquired Property (RA 1379)” last of 1
August 1987. This is because of the questionable properties owned by Gen. Ramas in Cebu and Quezon
City, as well as the found jewelries, 2, 870, 000 pesos and $50,000 in the house of Elizabeth Dimaano.
Ramas a former general of the late president Ferdinand Marcos was accused of having an “ill-gotten
wealth by the PCGG which was the reason they filled a prima facie case. Dimaano who worked as an
assistant to Gen. Ramas on the years of 19878-1979 had no other source of income. The case was
handled by the Sandiganbayan which dismissed the case on the 25 March 1990; on the grounds of the
petitioners had no jurisdiction on the cases, similar to the ruling of the case of Republic v. Migrino
(1990). The PCGG’s responsibilities according to Sec. 2 of E.O.1 was (1) first is the recovery of all ill-
gotten wealth accumulated by former President Ferdinand E. Marcos, his immediate family, relatives,
subordinates and close associates, whether located in the Philippines or abroad, including the takeover or
sequestration of all business enterprises and entities owned or controlled by them, during his
administration, directly or through nominees, by taking undue advantage of their public office and/or
using their powers, authority, influence, connections or relationship. And (2) the second was the
investigation of such cases of graft and corruption as the President may assign to the Commission from
time to time. Basing from the responsibilities given to them, the petitioners were not assigned by the
president to handle Gen. Ramos. And the plaintiffs as well failed to show that Gen. Ramas had a close
association with President Marcos. This is the reason that the PCGG had no jurisdiction to the case.
Another reason why the Sandiganbayan dismissed the case is because the petitioners’ illegal search and
seizure of the items collected that was presented as evidence. The Sandiganbayan referred the records of
the case to the Ombudsman who has the primary jurisdiction to the “Forfeiture of unlawfully Acquired
Property (RA 1379)”, the case records is also referred to the Commissioner of the Bureau of Internal
Revenue for a determination of any tax liability of Elizabeth Dimaano. The petitioner then raised the
case on the Supreme Court and also questions the decision of the Sandiganbayan.
Issues:
1. Whether or not the PCGG has the authority to investigate Ramas and Dimaano
2 Whether or not the properties and other belongings confiscated in Dimaano’s house were illegally
seized which will consequently make it inadmissible
Held:
Petition DISMISSED. The Supreme Court supported the prior decision of the Sandiganbayan, for the
reason; the plaintiffs only showed the enumeration of the properties Ramas allegedly owned, but did no
showed Ramas’ close association with the late president Ferdinand Marcos. And the president did not
single out Ramas to be investigated by the PCGG. The Supreme Court also pointed out the illegal
seizure of the money and jewelries of Dimaano, as used by the plaintiffs as one of their evidences. Capt.
Rodolfo Sebastian, the head of the raiding team that searched the house of Dimaano admitted in the
stand that they were just given a search warrant to only confiscate the firearms and not the money and
jewelries which was also used as evidence by the petitioners. The plaintiff deemed that the search on the
house of dimaano coincides with the 1973 constitution as the search occurred in 3 March 1986. But the
Supreme Court said that with the people toppling the previous administration, they as well toppled the
ruling constitution. During these times the Universal Declaration of Human Rights is in effect, for the
reason the Philippines is one of the signatory of the Covenant and Declaration.