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The Wellex Group Inc. vs. Sheriff Urieta etc. [DISSENTING OPINION, LEONEN, J.]

THE WELLEX GROUP, INC., PETITIONER, VS. SHERIFF EDGARDO A. URIETA OF THE SANDIGANBAYAN SECURITY AND SHERIFF SERVICES, THE SANDIGANBAYAN SECURITY AND SHERIFF SERVICES, AND BDO UNIBANK, INC. (FORMERLY EQUITABLE PCI BANK, INC.), RESPONDENTS.

G.R. No. 211098 | 2016-04-20

DISSENTING OPINION

LEONEN, J.:

I dissent. Third-party claims involving properties forfeited consequent to a conviction for plunder must be filed before the Sandiganbayan, regardless of the civil nature of such claims.

Before this court is a Petition for Review on Certiorari[1] assailing the Order[2] dated January 9, 2012 of Branch 139 and the Resolution[3] dated January 15, 2014 of Branch 132, both of the Regional Trial Court of Makati City. On the ground of lack of cause of action, the trial court dismissed petitioner the Wellex Group, Inc.'s Complaint for recovery of possession of 450,000,000 shares of stock in...