Lucio Tan seeks P300M from gov’t

IT’S payback time.

Business tycoon Lucio Tan has asked the Sandiganbayan to act on his counterclaim that would order the Presidential Commission on Good Government (PCGG) to pay him P300 million in damages after the government lost a recent civil case against him.

In a 14-page motion for reconsideration, the 36 defendants in Civil Case 0005 led by Tan urged the Sandiganbayan’s Fifth Division to pay him P100 million as temperate damages and P200 million as exemplary damages.

Temperate damages, also reasonable damages, may be recovered when the court finds that some monetary losses had been incurred by an aggrieved party but its amount cannot be ascertained.

Exemplary damages refer to monetary compensation awarded to an injured party, in addition to actual damages, to compensate the aggrieved individual for losses and to punish the accuser.

Through lawyer Estelito Mendoza, Tan said that the filing of the civil suit “besmirched his reputation, adversely affected his business, and caused him serious anxiety and mental anguish.”

He added that he has spent P500 million in actual and moral damages and P50 million for attorney’s fees.

The business mogul also said that the case was filed in “complete disregard of both truth and law” as it accused him of grievous crimes.

Tan wanted the anti-graft court to direct state lawyers to pay the P300 million after they failed to prove that 60 percent of his wealth actually belonged to former President Ferdinand Marcos and that being ill-gotten, the government has the right to acquire ownership over the assets.

On June 11, the Sandiganbayan ruled that the assets of Tan was not part of Marcos’ wealth.

He reiterated that the June 11 decision “did not rule on defendant’s counterclaim.”

“Defendants respectfully submit that the court render a ruling on their counterclaims based on the record and the arguments of defendants,” he said.

Besides Tan, other individual and corporate defendants also asked for a P300-million counterclaim.

If granted, state lawyers will choke up P10.8-billion for each of the 36 defendants, 17 of which are corporate entities also owned by Tan.

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