By CHARO LOGARTA
ABS-CBN News

Former First Lady Imelda Marcos failed to appear before the Sandiganbayan Wednesday, despite a subpoena issued by the anti-graft court to testify in government's forfeiture case versus Lucio Tan.

Mrs. Marcos' lawyer, Robert Sison, as well as her chief aide, Ding Diaz, both confirmed that the former First Lady was not feeling well and would be unable to take the witness stand.

"She's 79 years old," says Sison, "She really planned to be here, but she was just not feeling well."

Mrs. Marcos was supposed to corroborate the testimony of her son, Ilocos Norte 2nd district Rep. Ferdinand "Bongbong" Marcos Jr., regarding alleged business dealings and partnership between the late President Ferdinand Marcos and the tycoon.

The Marcoses claim ownership of 60 percent of some of Tan's biggest companies, including Allied Banking Corp, Fortune Tobacco Corp and Asia Brewery.

Two other prosecution witnesses, Foreign Affairs Secretary Alberto Romulo and Panfilo Domingo, president of the University of the East, also failed to show-up. The latter is reportedly indisposed while Romulo sent a representative.

With none of the key witnesses at hand, government lawyers again called Lourdes Magno, Chief Records Custodian at the Presidential Commission on Good Government (PCGG), to the witness stand.

"This is a waste of time," said lawyer Estelito Mendoza, counsel for Tan, "The government has no case."

But government lawyer Catalino Generillo was unfazed, noting that Mrs. Marcos' lawyer assured that his client would try to make it on the next hearing.

"These are our last witnesses for the prosecution," he said, "And these are explosive testimonies."

Generillo also confirmed that they are negotiating with representatives of Rolando Gapud for him to testify.

Gapud was the late President Marcos' business manager and had been privy to many of the late President's dealings. He is now Chairman of Del Monte Pacific Ltd and Director of India-based Greenfresh Foods Ltd.

"We are at the homestretch of negotiations," says Generillo.