‘Gov’t can’t go after Tan firms’

The government has no basis in going after the assets of beer and tobacco magnate Lucio Tan, his lawyer told The STAR yesterday.

Former solicitor general Estelito Mendoza said the government was prohibited by no less than the Supreme Court from confiscating the assets of the taipan.

Mendoza explained that the Presidential Commission on Good Government (PCGG) cannot use as basis the November 2001 admission of former First Lady Imelda Marcos that Tan’s firms were merely held in trust by the businessman for her late husband, President Ferdinand Marcos.

"It’s wrong. It has no basis. That’s a sham pleading," he told The STAR in an interview at his Makati law office.

Mendoza, whose clients include Mrs. Marcos but who does not represent her in the Sandiganbayan cases, reiterated that even the anti-graft court rejected it.

He showed The STAR a copy of the June 2002 ruling of the Sandiganbayan, then headed by Presiding Justice Minita Nazario (now a Supreme Court associate justice), which rejected the PCGG’s request to use Mrs. Marcos’ admission in the government’s effort to seize Tan’s assets.

"This is contemptuous. I will have them cited in contempt of court. They are citing something that has been rejected by the Sandiganbayan and affirmed by the SC with finality, first in March 2003 and on appeal in June of the same year," he stressed.

"As far as the courts are concerned, these documents (Imelda’s counterclaim and compulsory cross-claim and the amended one) don’t even exist. Why are they relying on Marcos’ statements if they really have evidence against Tan?" Mendoza asked.

Last Thursday, the PCGG filed a 29-page motion for partial summary judgment that seeks to sequester the 10 companies of Tan. Lawyers from the Office of the Solicitor General anchored their argument on the Marcos widow’s admissions.

Meanwhile, the PCGG has apparently issued a news blackout on the alleged shakedown against the business community after The STAR published a report that the agency is going after Tan’s assets.

Nick Suarez, PCGG Information Office chief, said the PCGG has declined to comment on the matter.

The STAR also tried to get the comments of PCGG Chairman Camilo Sabio and Commissioners Nicasio Conti and Narciso Nario, who are in-charge of legal matters of the agency, but the officials were not available.

Lawyer Jay Miguel, director for legal affairs of PCGG, also refused to comment. Miguel answered one of The STAR’s telephone calls but told the reporter to call back after 10 minutes.

Ten minutes later, Miguel’s staff claimed that the legal counsel had left for another appointment.

"He had left for the Ombudsman’s Office," the one who received the callback and who declined to be identified, said.

Sabio also declined comment.

"I’m sorry but I cannot comment on the matter. I’m sorry, but I have not read the case yet," Sabio said.

Suarez, later sent a text message after more than an hour and confirmed the story.

"We are not denying the story," he said in another phone conversation.

"We just cannot comment on the matter. It’s best to speak with (officials of) the Solgen (Solicitor General’s Office) who is our legal counsel," Suarez said.

In his text message, Suarez said "the government through the Office of the Solicitor General has filed a Motion for Summary Judgment and it’s the contention of the government that these assets are ill-gotten and we leave the matter to the discretion of the court. The schedule of oral arguments is set on February 8. Thank you, sir," said Suarez in his text message.

Suarez also said that Nario and Conti are the commissioners in charge of the legal cases of the PCGG.

"From our end, we review (the case) and forward it to the Solgen for final review. The Solgen is our (legal) counsel. Assistant Solgen John Emmanuel Madamba is also one of the signatories to the case," said Suarez.

Suarez said the PCGG filed this case. He said the OSG instructed the legal department of PCGG to file it before the Sandiganbayan. Legal department staff members Mario Navarro and Alert Yanga filed the case on Jan. 30, Suarez said.