Battle for Marcos funds not yet over

The government intends to challenge the decision of the Sandiganbayan rejecting the government’s claim on the $659.7-million Marcos funds held in escrow at the Philippine National Bank.

The Presidential Commission on Good Government (PCGG), a special body tasked with recovering the ill-gotten wealth of the late dictator Ferdinand Marcos, is set to meet with Solicitor General Simeon Marcelo to discuss what legal remedies to take.

The options are whether to file an appeal with the Sandiganbayan or elevate the case to the Supreme Court.

"It was very unusual. We were surprised... For a case of this importance and magnitude, the Sandiganbayan’s decision is puzzling and disappointing," said PCGG Commissioner Jorge Sarmiento.

The Sandiganbayan ruled Friday that "there is no proof on the record that the money in escrow from the Swiss banks" is really owned by the Marcos family.

Under this ruling the funds will revert to the Vigur, Avertina, Maler and Palmy foundations in whose names the bank accounts are kept.

The Marcoses allegedly set up bogus foundations to hide millions of pesos of the dictator’s alleged ill-gotten wealth.

The Sandiganbayan said the PCGG failed to present "authenticated translations" of rulings of the Swiss Federal Supreme Court declaring that the money belonged to the Marcoses and that much of it was of "illegal provenance."

The court insisted that the PCGG had submitted mere "simple photocopies" of the translation which do not properly present the decisions of the Swiss court.

But according to Sarmiento, the authenticated translation had been submitted by his agency to the anti-graft court when the forfeiture case was filed in 1991.

"We can’t understand how it happened. As far as I can recall, the authenticated translation has long been submitted. Where are they now?" he asked.

Sarmiento said if indeed the translations had not been forwarded to the court, it should have required the agency to produce the documents earlier.

"The Sandiganbayan should have told us earlier. It has been a year since the court forfeited the money in favor of the government. The case will again be delayed, hampering our recovery efforts," he added.

How could you?

"How could you, Garchitorena?"

This was the indignant and disappointed cry of the 9,539 human rights victims upon learning yesterday that the Sandiganbayan had rejected the government’s claims on the $627 million in Swiss funds allegedly stashed away by Marcos.

In an interview, Marie Hilao-Enriquez, secretary general of the Samahan ng mga Ex-Detainees Laban sa Detensyon at Para sa Amnestiya (Selda), said human rights victims were shocked that the Sandiganbayan’s division of five, with Presiding Justice Francis Garchitorena, had reversed the Sept. 19, 2000 ruling of anti-graft court’s first division, then also headed by Garchitorena, favoring the forfeiture of the Marcos Swiss accounts in favor of the government.

"We cannot understand why Garchitorena suddenly reversed the decision," said Enriquez. "We were all shocked and disappointed... because we should have been the first to know and yet they did not even give us a copy of the decision."

Enriquez said that the human rights victims, some of whom are dead or losing hope or mired in poverty, had rejoiced over the announcement by Garchitorena in September 2000 that the $27-million Swiss funds were ill-gotten and should be returned to the government.

"We thought there was at least a court in the country that (was) really concerned about the fate of the human rights victims. But we were wrong," said Enriquez.

With interest, the Swiss funds had grown to $659.7 million as of last December.

"We stick to our position that the Swiss funds were transferred to the Philippine government by the Swiss Federal Court because it recognized the fact that this money was of illegal provenance," Enriquez said.

Enriquez noted that the anti-graft court’s decision came at a time when the impeachment case of Ombudsman Aniano Desierto was in progress. "I hope this will not be a precedent for the bungling of other cases being handled by Desierto," she said.

She called on Claimants 1081, another group of human rights victims claiming compensation from the Marcoses, to join the Selda in their motion for reconsideration which they intend to file anytime next week at the Sandiganbayan.

"I call on all human rights victims, including the members of Claimants 1081, to move now and not to depend on the court solely in resolving our problem. We must unite and together show our disappointment over the decision of the Sandiganbayan," Enriquez said.

She also asked the anti-graft court to stop placing the burden of proof on human rights victims. "The government should release all the evidence. They should act swiftly on the case," she urged.

In a 3-2 vote, the anti-graft court division of five headed by Garchitorena granted on Friday the motion for reconsideration and its supplement filed by former First Lady Imelda Marcos and her children, Ilocos Norte Rep. Ma. Imelda "Imee" Marcos, Ilocos Norte Gov. Ferdinand "Bongbong" Marcos and Irene Marcos-Araneta.

In the 11-page resolution, Garchitorena apologized for erring in affixing his signature on the decision of Sept. 19, 2000. He was forced to reverse his earlier vote, he said, as he was still in doubt whether the alleged Swiss funds deposited in favor of five foundations "really belonged to Marcos’ spouse and his children or they are just merely beneficiaries thereof."

Imee Marcos hailed the recent decision as a "vindication" for the Marcos family.