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CLARITA DEPAKAKIBO GARCIA v. SANDIGANBAYAN

This case has been cited 3 times or more.

2012-04-25
SERENO, J.
Forfeiture cases impose neither a personal criminal liability, nor the civil liability that arises from the commission of a crime (ex delicto). The liability is based solely on a statute that safeguards the right of the State to recover unlawfully acquired properties.[29] Executive Order No. 14 (E.O. No. 14), Defining the Jurisdiction Over Cases Involving the Ill-gotten Wealth of Former President Ferdinand Marcos, authorizes the filing of forfeiture suits that will proceed independently of any criminal proceedings. Section 3 of E.O. 14 empowered the PCGG to file independent civil actions separate from the criminal actions.[30]
2010-09-29
VELASCO JR., J.
Republic and De Midgely, however, have already been modified if not altogether superseded[27] by La Naval Drug Corporation v. Court of Appeals,[28] wherein the Court essentially ruled and elucidated on the current view in our jurisdiction, to wit:  "[A] special appearance before the court--challenging its jurisdiction over the person through a motion to dismiss even if the movant invokes other grounds--is not tantamount to estoppel or a waiver by the movant of his objection to jurisdiction over his person; and such is not constitutive of a voluntary submission to the jurisdiction of the court."[29]
2010-03-15
DEL CASTILLO, J.
This issue has been squarely passed upon in the recent case of Garcia v. Sandiganbayan,[47] where we reiterated our ruling in La Naval Drug Corporation v. Court of Appeals[48] and elucidated thus: Special Appearance to Question a Court's Jurisdiction Is Not