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RP, Rep By PCGG vs Sandiganbayan, Estate Of Hans Menzi, et al.

REPUBLIC OF THE PHILIPPINES, represented by the PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, petitioner, vs. SANDIGANBAYAN (Fourth Division), ESTATE OF HANS M. MENZI (through its Executor, MANUEL G. MONTECILLO), and HANS MENZI HOLDINGS AND MANAGEMENT, INC. (HMHMI), respondents.

G.R. No. 135789 | 2002-01-31

D E C I S I O N

PARDO, J.:

The Case

The Case is a petition for certiorari[1] to nullify two (2) resolutions of the Sandiganbayan,[2] namely:

(1) Resolution dated April 13, 1998 ordering the lifting of the writ of sequestration over the assets, shares of stocks, property, records and bank deposit of Hans M. Menzi Holdings and Management Inc. (HMHMI); and

(2) Resolution dated August 21, 1998 denying petitioner's Motion for Reconsideration.

The Facts

The facts, as alleged in the petition, are as follows:

On May 5, 1982, Manuel G. Montecillo, Eduardo M. Cojuangco, Jr., Cesar C. Zalamea and Jose Y. Campos organized HMHMI to serve as a...