G.R. NO. 129406 - REPUBLIC OF THE PHILIPPINES REPRESENTED BY THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG), VS. SANDIGANBAYAN (SECOND DIVISION) AND ROBERTO S. BENEDICTO D E C I S I O N - Supreme Court E-Library

Ruling

accordingly rendered judgment in accordance with its terms. In the process of implementing the Compromise Agreement, either of the parties would, from time to time, move for a ruling by the Sandiganbayan on the proper manner of implementing or interpreting a specific provision therein. On February 22, 1994, Benedicto filed in Civil Case No. 0034 a "Motion for Release from Sequestration and Return of Sequestered Shares/Dividends" praying, inter alia , that his NOGCCI shares of stock be specifically released from sequestration and returned, delivered or paid to him as part of the parties' Compromise Agreement in that case. In a Resolution [7] promulgated on December 6, 1994, the Sandiganbayan granted Benedicto's aforementioned motion but placed the subject shares under the custody of its Clerk of Court, thus: WHEREFORE, in the light of the foregoing, the said "Motion for Release From Sequestration and Return of Sequestered Shares/Dividends" is hereby GRANTED and it is directed that said shares/dividends be delivered/placed under the custody of the Clerk of Court, Sandiganbayan, Manila subject to this Court's disposition. On March 28, 1995, the Sandiganbayan came out with the herein first assailed Resolution, [8] which clarified its aforementioned December 6, 1994 Resolution and directed the immediate implementation thereof by requiring PCGG, among other things: (b) To deliver to the Clerk of Court the 227 sequestered shares of [NOGCCI] registered in the name of nominees of ROBERTO S. BENEDICTO free from all liens and encumbrances, or in default thereof, to pay their value at P150,000.00 per share which can be deducted from [the Republic's] cash share in the Compromise Agreement. [Words in bracket added] (Emphasis Supplied). Owing to PCGG's failure to comply with the above directive, Benedicto filed in Civil Case No. 0034 a Motion for Compliance dated July 25, 1995, followed by an Ex-Parte Motion for Early Resolution dated February 12, 1996. Acting thereon, the Sandiganbayan promulgated yet another Resolution [9] on February 23, 1996, dispositively reading: WHEREFORE, finding merit in the instant motion for early resolution and considering that, indeed, the PCGG has not shown any justifiable ground as to why it has not complied with its obligation as set forth in the Order of December 6, 1994 up to this date and which Order was issued pursuant to the Compromise Agreement and has already become final and executory, accordingly, the Presidential Commission on Good Government is hereby given a final extension of fifteen (15) days from receipt hereof within which to comply with the Order of December 6, 1994 as stated hereinabove. On April 1, 1996, PCGG filed a Manifestation with Motion for Reconsideration , [10] praying for the setting aside of the Resolution of February 23, 1996. On April 11, 1996, private respondent Benedicto filed a Motion to Enforce Judgment Levy . Resolving these two motions, the Sandiganbayan, in its second assailed Resolution [11