MANILA, Philippines - The Presidential Commission on Good Government (PCGG) and the Office of the Solicitor General (OSG) are dropping their “star witness” against business tycoon Lucio Tan in the ill-gotten wealth case before the Sandiganbayan.
PCGG Commissioner for Litigation Gerard Mosquera said they decided to drop Mariano Tanenglian as a witness against his estranged brother after the PCGG and the OSG failed to reach a settlement with him on “several contentious issues.”
The development is seen to put the PCGG in a difficult position before the Sandiganbayan’s Third Division that had granted the plea to give the government an extension on its presentation of additional witnesses.
Tan’s legal counsel, former OSG chief Estelito Mendoza, said it will unduly delay the resolution of the case which has remained pending for more than 20 years.
The PCGG leadership had earlier accepted “in principle” Tanenglian’s request for civil and criminal immunity for himself, his family and his properties in exchange for his testimony against his brother.
However, PCGG’s acceptance of Tanenglian’s offer to be a government witness was subject to the latter’s submission of a formal immunity agreement and the agency’s approval of its terms and conditions.
From December 2010 to May 2011, PCGG and OSG representatives regularly met with Tanenglian and his lawyers to discuss the proposed testimony and the terms and conditions of the immunity agreement.
Despite protracted negotiations, no agreement was reached regarding the conditions for the immunity requested by Tanenglian.
In particular, the PCGG and OSG required Tanenglian to disclose the nature and extent of funds and properties he wants to exclude from government’s claim against Tan in exchange for his testimony.