By Benjamin Cuaresma
MANILA — A former Metropolitan Manila Development Authority official and his wife will return more than P5.3 million in unlawfully acquired assets to the government after the Sandiganbayan granted their motion to withdraw an appeal in an unexplained wealth case.
The Sandiganbayan Fourth Division, in an April 21 resolution, declared the appeal of former MMDA Sidewalk Clearing Operations Group director Roberto Esquivel and wife Marissa withdrawn and dismissed the case on their manifestation to pay the full judgment cost of P5,307,079.70. 77f9
“It appearing that respondents-appellants are indubitably no longer interested in pursuing their appeal…there is no longer any rhyme or reason to further maintain… the present appellate proceedings,” the anti-graft court said.
The San Pedro City, Laguna Regional Trial Court first ruled on January 18, 2023 that the couple amassed P6,859,589.70 in unexplained wealth. The figure was cut to P5.3 million after the RTC partially granted their motion for reconsideration on April 12, 2023.
The Office of the Ombudsman filed the forfeiture petition under Republic Act No. 1379, which creates a prima facie presumption of unlawfully acquired assets when a public officer’s wealth is “manifestly out of proportion” to salary and lawful income.
After losing at the trial court, the Esquivels mistakenly elevated the case to the Court of Appeals on Feb. 11, 2025. The CA’s 11th Division denied their motion to withdraw on May 19, ruling that jurisdiction lies with the Sandiganbayan under PD 1606.
They then filed a Motion to Withdraw Appeal before the RTC, saying they would pay the P5,307,079.70 embodied in the assailed decision.
The San Pedro RTC earlier issued a writ of attachment against the couple’s known properties, which remains in effect. With the appeal withdrawn, the Esquivels committed to settle the P5.3-million judgment.
RA 1379 presumes wealth beyond lawful income is ill-gotten and can be forfeited, even if registered under other names.
ia./xf
