Ex-general in P11-M suit runs to High Court for aid

From the Manila Times (Nov 14): Ex-general in P11-M suit runs to High Court for aid

Former Armed Forces Gen. Lisandro Abadia appealed before the Supreme Court to stop the Sandiganbayan from enforcing its decision that ordered the forfeiture of his P11.26-million assets.

In a 19-page petition for certiorari, the former chief of the Armed Forces asked the High Court to stall the execution of Sandiganbayan’s decision, which found that his P11.26-million asset was ill-gotten.

In a copy sent to the Sandiganbayan third division, Abadia told the High Court that his evidence for defense must be taken notice once more for the review of the anti-graft court’s ruling.

In June, the anti-graft court’s third division resolved that the P11.26-million worth of properties in Abadia’s statement of assets, liabilities and net worth (SALN) of the former general indeed came from nowhere but illegal means.

The Office Ombudsman alleged that Abadia and his late wife Violeta failed to declare the sale of a lot in 1992 worth P2.55 million. His reported amount of cash for that year jumped from P4.44 million to P8.1 million.

The Ombudsman said that in 1990, the couple had a net worth of P3.11 million, P3.78 million in 1991, P6.48 million in 1992, and a sharp increase to P13.61 million in 1993.

State prosecutors said that the net worth of Abadia from 1986 to 1993 only amounted to P2.63 million. Subtracting his P2.77-million family expense during the same years, it would yield a negative P136,876.01 as his disposable income.

When this amount is added to Abadia’s net worth for December 1986 worth P2.21 million and the proceed from the sale of his lot in Bicutan worth P280,000, this yields P2.35 million.

“The amount of P2.35 million subtracted from the net worth of Abadia as declared in his SALN for 1993 [at] P13.61 million yields P11.26 million as unexplained wealth,” the court ruled.

Abadia said that his 1993 SALN was faked, but, “he could not explain to the satisfaction of this court how.”

The anti-graft court magistrates also noticed that the Ombudsman’s 1993 SALN of Abadia is a certified true copy while his is only a mere photocopy.

After losing legal battle at the anti-graft court, Abadia elevated the case to the Supreme Court and asked top jurists to review his case.

“The execution of the [Sandiganbayan] decision . . . will most likely work injustice to the petitioner,” Abadia said.

He added that should the Supreme Court render a ruling in his favor, lack of a temporary restraining order may make the High Court ruling “ineffectual or nugatory.”

He sought for a restraining order to halt the execution of the Sandiganbayan decision and was willing to post an injunction bond.

http://manilatimes.net/ex-general-in-p11-m-suit-runs-to-high-court-for-aid/52977/