Sandigan affirms dismissal of forfeiture vs 3 coco levy firms

The Sandiganbayan has affirmed the finality of the dismissal of a forfeiture case against three of the firms created out of the Coconut Industry Investment Fund, also known as the coco levy funds, during martial law.

- ELIZABETH MARCELO

In a six-page resolution promulgated on Feb. 28, the anti-graft court’s Second Division has granted the Motion for Issuance of Entry of Judgement filed by Coconut Producers Federation Inc. (COCOFED), Coconut Investment Corp. (CIC) and the Cocofed Marketing Corp. (COCOMARK) despite the opposition of the Presidential Commission on Good Government (PCGG).

The Second Division said the dismissal of the forfeiture case against the three coco levy firms has already attained finality as the PCGG, represented in court by the Office of the Solicitor General (OSG), failed to file any appeal or motion within the 15-day reglementary period from the date of the notice of judgement.

The Second Division cited Section 2, Rule 36 of the Rules of Court, which states that “if no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules, the judgement or final order shall forthwith be entered by the clerk in the book of entries of judgements.”