Retired Sandigan justice is PCGG OIC

MANILA, Philippines – A 76-year-old retired Sandiganbayan justice took over yesterday as officer-in-charge of the Presidential Commission on Good Government (PCGG) following the “indefinite” leave of absence of Chairman Camilo Sabio.

Narciso Nario, a senior PCGG commissioner, said he would give priority to inventory of pending cases concerning the recovery of ill-gotten wealth since the agency was created in 1986.

“I want to reduce the backlog of cases,” he said, adding the agency would look into “high profile” cases and evaluate their status.

The inventory is meant to identify cases in which the government’s position was weak, he added.

Nario said he would push for the settlement of cases whose chances of winning are slim, especially if the evidence is weak.

“Now I will emphasize to them, especially with respect to these cases, that if these are capable of settlement, they should be settled,” he said.

“But if they are not, then we have to pursue (these) with dispatch. If we don’t have (strong) evidence, then forget it.

“Because it is a waste of energy, time and money. If the evidence is weak, we can ask the other party to a settlement.”

Nario said as one of two commissioners handling litigation for the past three years, he was aware that government counsels have been asking for postponements of hearings due to absence of new or additional evidence.

“For the last 22 years or so, these cases have been pending and we (just) keep on asking the courts for postponement,” he said. “Why? Because we don’t have any evidence. Then we’ll have to find a way to have these cases settled so that we can remit to the government.”

Nario said the PCGG can run smoothly despite the absence of a regular chairman since there are four remaining commissioners: him, Tereso Javier, Ricardo Abcede, and Jaime Bautista.

“We’re only four, but certainly we can transact business,” he said.

“I think they are here now, all the commissioners. Commissioners Abcede and Bautista must have arrived already.”

Meanwhile,businessman Francis de Borja filed yesterday his motion for reconsideration before the Supreme Court. 

Suspended Court of Appeals Justice Jose Sabio Jr. has accused De Borja of being the “emissary” who had tried to offer him P10 million in exchange for his stepping aside as chairman of the dissolved Special Ninth Division that handled the case of Government Service Insurance System vs. Manila Electric Co.

In an 84-page motion, De Borja said the SC decision based on the investigation report of the three-member panel of retired SC justices is a “prejudgment” of his guilt.

In its Sept. 9, 2008 decision, the SC said: “With respect to Mr. De Borja, the present investigation has given the Court reason to believe that Mr. De Borja may be criminally liable for his attempt to bribe a magistrate of the Court of Appeals. This matter should be referred to the Department of Justice for appropriate action.”

De Borja said: “With all due respect to the Honorable Court, it is unfortunate that this statement included in the Decision dated 09 September 2008 may be easily construed as a prejudgment of movant De Borja’s guilt. Evidently, such is not the intention of the Honorable Court for every accused is presumed innocent until proven guilty and no person shall be held to answer for a criminal offense without due process of law.”

De Borja is questioning why the SC only spent five days to examine and analyze the voluminous records submitted with the panel report to reach its conclusion of his possible criminal liability.

The SC decision violated his right to be presumed innocent as no prosecutor would dare contradict the findings of the Supreme Court, he added. – With Mike Frialde