G.R. No. 180564 – 635 Phil. 402 – Political Law – Constitutional Law – Accountability of Public Officers – Ill-Gotten Wealth – Right of Government to Recover Ill-Gotten Wealth Does not Prescribe – When estoppel cannot be applied
In 1989, the Philippines, through the Presidential Commission for Good Governance (PCGG), and Atty. Jesus Disini entered into an agreement whereby Disini was granted immunity from suit in exchange of testifying against his cousin Herminio Disini, a crony of Pres. Ferdinand Marcos. The agreement was for Disini to testify in New Jersey, USA. The PCGG agreed that if Herminio will be sued in the Philippines, the government cannot compel Disini to testify against him. Disini complied with his obligations under the agreement.
In 2007, the Sandiganbayan issued a subpoena for Disini to testify against Herminio. Disini moved for the quashal of the subpoena as he invoked the 1989 immunity agreement. The Sandiganbayan did not grant the quashal. Meanwhile, the PCGG issued a resolution revoking the 1989 immunity agreement.
Disini elevated the matter to the Supreme Court. The PCGG argued that Disini may be compelled in accordance with Sec. 15, Art. XI which provides that “The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.”
ISSUE: Whether or not Disini may be compelled to testify.
HELD: No. The PCGG and Disini validly entered into the immunity agreement in 1989. The PCGG cannot be said to be acting beyond its powers as granting immunity to witnesses is part of its powers. That being, the immunity agreement may only be revoked upon mutual consent. Without Disini’s consent, the PCGG cannot unilaterally revoke the 1989 agreement.
The 1989 agreement did not estop the PCGG from recovering whatever ill-gotten wealth was in the hands of Herminio. The action against Herminio can continue, hampered only by the exclusion of Disini’s testimony. And there are other ways of proving the existence of ill-gotten wealth.
