G.R. No. 103059 August 19, 1993
Republic of the Philippines, petitioner, vs. Sandiganbayan and Federico Moreno, respondents.

FACTS

Private respondent Federico B. Moreno, Chairman of the Philippine Virginia Tobacco Administration (PVTA), was impleaded as a co-defendant in a civil suit for recovery of alleged ill-gotten wealth before the Sandiganbayan against Lucio C. Tan, former President Ferdinand E. Marcos, and Imelda R. Marcos. The amended complaint alleged that the defendants, acting in unlawful concert, committed misappropriation of public funds, plunder, and other corrupt acts. Specifically, it alleged that Moreno, as PVTA Chairman, supervised, approved, and/or permitted importations and purchases of Virginia tobacco by Lucio Tan’s companies (Fortune Tobacco, Incorporated and Northern Redrying Co., Inc.) in excess of the ceiling allowed by law. Moreno filed his Answer, contending that Presidential Decree No. 655 permitted importation pursuant to industry exigencies and that his role was limited to submitting requests for importation to the President for approval. Subsequently, Moreno availed of a request for admission under Rule 26, submitting documents including certifications and correspondence showing that the importations were approved by President Marcos. The Republic’s answer to the request admitted the genuineness and due execution of these documents, including letters bearing President Marcos’s handwritten approval. Based on this admission and asserting no genuine factual issue existed, Moreno filed a motion for summary judgment. The Sandiganbayan granted the motion.

ISSUE

Whether the Sandiganbayan correctly granted private respondent Federico Moreno’s motion for summary judgment.

RULING

Yes, the Sandiganbayan correctly granted the motion for summary judgment. The Court affirmed the Sandiganbayan’s resolutions. The pleadings, admissions on file, and the documents submitted showed no genuine issue as to any material fact. The Republic’s answer to the request for admission constituted a judicial admission of the genuineness of the documents showing President Marcos’s approval of the importations. The Court noted that as PVTA Chairman, Moreno had no authority or discretion to approve or deny import licenses without referring the matter to the President. The expanded complaint contained no substantial allegation of ultimate facts to warrant a trial against Moreno. Furthermore, the Republic had categorically admitted there was no genuine triable issue of fact regarding Northern Redrying Co., Inc., and its attempt to distinguish the case of Fortune Tobacco Corporation was untenable given its judicial admissions. Summary judgment was proper under Section 3, Rule 34 of the Revised Rules of Court. The petition was dismissed.