SC asked to create special division for PCGG cases

The Presidential Commission on Good Government will ask the Supreme Court to order the Sandiganbayan to create a special division in the anti-graft court to solely hear and review PCGG cases, newly appointed PCGG Commissioner Narciso Nario said yesterday.

Nario said this is one of the issues he plans to raise during the PCGG’s first en banc meeting for the year on Jan. 10, which he previously discussed with PCGG Chairman Camilo Sabio.

He said he will also seek a dialogue with Sandiganbayan justices regarding the speedy disposition of PCGG cases.

"I will arrange a dialogue with Sandiganbayan justices mainly to seek their help and support for the speedy disposition of PCGG cases pending before the Sandiganbayan. So, I started calling my colleagues up in the Sandiganbayan," said Nario.

"The Commission would be making representations with the Supreme Court for them to constitute a special division at the Sandiganbayan to hear solely PCGG cases," he added. 

Nario expressed concern about the cases, especially since 20 years have passed since the end of the Marcos administration.

Nario said the special division he envisions in the Sandiganbayan would be similar to that currently hearing the plunder cases of former President Joseph Estrada.

As a former Sandiganbayan justice from 1997 to 2002, Nario is familiar with the pending PCGG cases, particularly the hidden wealth of the Marcoses and their cronies. He has yet to receive instructions, however, as to what cases he will be handling at the PCGG.

At the Sandiganbayan, the PCGG cases he handled included the shares of San Miguel Corp. (SMC) chairman Eduardo Cojuangco, former Development Bank of the Philippines (DBP) chairman Cesar Zalamea, and Jose Campos — all cronies of former President Ferdinand Marcos — in the Manila Bulletin.

The Supreme Court had upheld the Sandiganbayan ruling declaring their shares to be "ill-gotten."

In an en banc decision penned by Associate Justice Dante Tinga, the high court forfeited in favor of the government the 198,052 shares owned by the Marcos cronies, which were transferred to the estate of the late Brig. Gen. Hans Menzi and subsequently sold to the Bulletin on Feb. 21, 1986 for P23.6 million.

Nario also handled the case of the Philippine Long Distance Telephone Co. (PLDT), particularly involving the shares of its former chairman Tony Boy Cojuangco.

With regards to the pronouncement of Sabio that he would resign if no deal or resolution was made on the coconut levy funds this year, Nario said he supports the PCGG chairman’s stand.

However, he refused to say whether he would also resign with Sabio if the controversial coco levy fund issue is not resolved.

"Chairman Sabio, I believe, made that pronouncement with all sincerity, with all candor. I, for one, am supportive. We will support the chairman with respect to this, to see to it that the pronouncement will be realized. That is my position there. Best efforts will be exerted," he said.

"The most important aspect of this is the realization of this promise of commitment of the chairman. You have to focus on that. Why focus on resignation? Why focus even on the other commissioners? We have to focus on how we can set our best efforts with the end view  of realizing this commitment, this promise," he said.

"We will take bold steps (to speed up the cases)," he added.

Nario is hoping that the Sandiganbayan will be able to create the special division this month or by February.Sandy Araneta

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