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STATEMENT ON COA REPORT RE MISSING $34.14 MILLION
ILL-GOTTEN MARCOS FUNDS
Aug. 12, 2009
In behalf of the thousands of martial law victims, Claimants 1081 welcomes the COA findings disclosing the missing $34.14 million ill-gotten Marcos funds because of PCGG’s failure to submit this to the National Treasury. At the same time, we express our disappointment over the way the government has handled the ill-gotten wealth of Marcos amounting to over an estimated $654 million. All the money was supposed to have been transferred to the National Treasury from the PNB after the Supreme Court finally ruled last July 15, 2003 that the money was ill-gotten.
That $22 million of this amount, which has now grown to $34.14 million, was not submitted to the National Treasury despite a Deed of Release with Quitclaim issued by PCGG four years ago, should have been reported to the public considering that the ill-gotten wealth is intended specifically for the agrarian reform program and for the victims of martial law with the passage of the human rights compensation bill.
What adds insult to injury is the fact that this money, which has obviously been kept out of the National Treasury for litigation of PCGG cases abroad has been reportedly used for trips to Singapore and the U.S. by PCGG Chair Camilo Sabio and friends and relatives to oppose the $1.9 billion judgment of the class suit that the martial law victims had won in 1995.
I had earlier called for the COA to investigate this “hidden wealth” from the ill-gotten Marcos funds which were arbitrarily being used for junkets by friends and relatives of Camilo Sabio who himself has pending cases in the Ombudsman regarding withdrawals from funds of sequestered firms deposited in his personal account. Both Akbayan and Claimants 1081 have likewise called for the suspension of Camilo Sabio as Chair of PCGG. He has no business representing the Republic of the Philippines with cases of graft and corruption involving his acts as Chair of the PCGG.
Now that COA has let the cat out of the bag, we earnestly urge that COA order a full reimbursement by the PCGG of the missing $34.14 million and that this money be placed in the special account for the victims of human rights violations once the bill is passed into law. I had been earlier told by the National Treasury that P10 billion of the Swiss funds is kept intact in a special account but that, until such time the victims have a law passed in their favor, the money cannot be touched.
In this regard, as Chair of Claimants 1081 and in their behalf, I would like to call on Congress to please speed up the passage of the human rights compensation bill which we failed to pass in the 13th Congress because the House of Representatives did not calendar the bill’s ratification after the Bicameral Conference, ostensibly upon orders from Malacanang.
I had the privilege and honor of talking quite briefly with the President of the Swiss Federal Republic in a reception last night given by the Swiss Embassy in his honor. I was quite impressed with the fact that he said he had repeatedly spoken about the passage of the human rights compensation bill to President Arroyo during his visit. The news in some of the broadsheets seems to confirm the assurance given me by the Swiss President and for this, again we pray and hope that by Christmas our thousands upon thousands of martial law victims will see the light at the end of the tunnel with the passage of the compensation bill into law and its signing by President Arroyo.
Etta Pargas-Rosales
Chair, Claimants 1081
Aug. 11, 2008
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Rights victims, RP govt clash over $35-M Marcos money
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Marcos victims want to settle with gov’t — lawyers
Inquirer.net - May 6, 2008
Swift, 61, also said he was optimistic that the US Supreme Court would issue a favorable ruling on the case of the $35-million Arelma account within the next 45 days. “I believe that the [US] Supreme Court will rule in your favor,” he said, …
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all 5 news articles »
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Manila Standard Today – Philippines
The ruling, Rosales said, was also a big blow to the government’s claim on the $35-million Arelma case that is now being heard by the US Supreme Court. …
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FILIPINO VICTIMS OF HUMAN RIGHTS ABUSES
ELATED AGAINST THE PHILIPPINE GOVERNMENT
IN SINGAPORE; TRIAL ON THE MERITS ENSUES
( Pls click here to download the document in .pdf format)
Press Statement
Robert Swift
Rod C. Domingo, JR.
Filipino victims of human rights violations who scored a landmark victory against both the Republic of the Philippines (ROP) and the Philippine National Bank (PNB) in a major lawsuit in Singapore are euphoric over their recent victory concerning the recent Court of Appeal ruling that the Singapore Court has no jurisdiction to litigate in view of the government’s defense of sovereign immunity. Nine months after the appeal was briefed and argued, Chief Justice Chan Sek Keong of the Singapore Court of Appeal rendered a judgment denying the Philippine government’s sovereign immunity defense. At issue in the Singapore case is over $29 million of money originally hidden by the late President Marcos in a Swiss Bank before being transferred to Singapore. The litigation began in 2003 when West LB, a Singapore Bank, was confronted with competing claims for the money and deposited the money into the Singapore High Court. Filipino victims of human rights violations claim the money to partially satisfy their now $4.75 billion judgment against the former dictator. The government asserts that it was awarded the money by the Philippine Supreme Court in July 2003. Philippine National Bank claims it is custodian of the money for the government.
In early 2006, the Philippine government intervened into the case to try and force its dismissal by arguing it was a claimant to the money but was entitled to sovereign immunity and not subject to the jurisdiction of the Singapore Court. In a 56-page decision, Chief Justice Chan Sek Keong ruled that sovereign immunity did not apply since the bank account was not in the possession of the government.
The case now reverts to the trial court for a trial on the merits. The Philippine government now must prove that it is entitled to the money; otherwise, the martial law victims will be awarded the funds in view of its original jury award of US$4.75 billion, including accrued interest.
The 9,539 Filipino human rights violations victims are members of a class action litigated in the United States against Ferdinand E. Marcos for torture, summary execution and disappearance which resulted in a 1995 jury award which, with interest, is now worth $4.75 billion. Their judgment was affirmed on appeal.
Lead counsel Robert Swift said “this is a significant victory on the way to obtaining a final verdict for the entire $29 million. Singapore’s highest court upheld Singapore’s sovereignty to decide ownership to property located in Singapore. The tragedy is that the Philippine government opposes every effort by Filipino human rights violations victims to recover on their judgment. The Singapore decision is also noteworthy because it found for the human rights victims on the same issue which I argued for the victims in the United States Supreme Court last week involving $35 million of Marcos assets found in a Merrill Lynch account. Hopefully the U. S. Supreme Court will follow the lead of the Singapore court.”
Filipino co-counsel Rod Domingo, Jr. observed that “the Republic’s claims to the money in Singapore are sinking fast. Despite its expenditure of over $1 million in legal fees and the engagement of Singapore’s largest and most influential law firm, it is losing. I think the Singapore Court is sending a signal to the Republic that its claims are in jeopardy unless it settles with the victims.”
ROD C. DOMINGO, JR.
15/F LPL Center 130 L.P. Leviste Street
Salcedo Village Makati City 1227
Tel. Nos. (632) 813-3459
(632) 813-3497
Cellphone Nos. (0917) 813-1800
(0922) 812-0869
Fax No. (632) 812-7997
E-mail: rcdomingojr@comcast.net
rcdomingo2004@yahoo.com
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SPENDS $3.5 MILLION OF GOVERNMENT FUNDS TO GRAB $35 MILLION FROM JUDGMENT WON BY MARTIAL LAW VICTIMS IN US COURTS.
Buys loyalty of PCGG Chair through reported junket of eight relatives and friends to the tune of P3.2 million PCGG Funds.
While we look forward to a favorable review by the US Supreme Court of the judgment won by the claimants in the lower courts, we regret to announce that the GMA regime knows no limits to its greed.
As we approach Holy Week, she unconscionably spends an estimated U.S. $3 million of government funds (P150 million) to pay the law firms of Mayer Brown & Platt together with Heller Ehrman to obstruct the awarding of $35 million in the Arelma case. Over and above this, she has recently hired a Washington lobbyist in the law firm of Covington and Burling for an annual fee of $US 500,000 to, among others, lobby against the $35 million awarded by the American courts to the martial law victims.
In an inter-pleader case to determine who should be the rightful owner of the Arelma funds, the Hawaii district court awarded the martial law victims $35 million in July 2004 on the strength of the judgment won by the victims in 1995 ($1.9 billion). This award was affirmed unanimously by the U.S. Court of Appeals in May and in June of 2006.
The martial law victims have so far won while the Arroyo regime has lost in the US courts, but up to now the victims have not been compensated. The reason for this is the fact that, instead of rejoicing and supporting the US$35 million compensation for 7,500 victims whose human rights were brutally violated under martial rule, Gloria prefers to grab this money for herself and her decrepit regime. To be able to do this, she has gone out of her way to pay American lawyers an estimated $3.5 million and has used public funds for the PCGG and the Solicitor General to fight the martial law victims all the way to the Supreme Court.
According to news reports provided by PCGG insiders that have come out recently, Camilo Sabio is not going to Washington, D.C. on a simple mission to try and stop the victims from recovering compensation from the judgment they had won in the courts. He will, in fact, use taxpayers’ money for a junket that includes at least eight people who have no relevance in the March 17 Supreme Court oral arguments, considering that only the American lawyers hired for $3.5 million are permitted to defend the regime’s case to obstruct the judgment won by the victims.
Sabio’s Junket Gang is reported to include his “brother-in-law and special assistant Gerry Alo Ledonio III; his chief-of-staff Albert Feria; his daughter May Sabio-Feria; his wife Marlene Sabio; a certain Jaime Bautista, also a consultant of Sabio’s; OIC for asset and management Sonny dela Paz; PCGG secretary Romulo Siazon, and accounting officer Malou Navarro.” (Malaya p. A2, March 12, 2008). If we are to believe the same newspaper report, each member of Sabio’s Junket Gang was allegedly given “$10,000 for plane tickets and pocket money, the funds coming from the interest earnings of $30 million in PCGG litigation funds deposited at the Philippine National Bank.” This is a whopping $80,000 or P3,200,000!
This adds insult to injury considering the fact that Camilo Sabio has a pending case before the Presidential Anti-Graft Commission for misuse of sequestered funds involving some P10 million and above through several withdrawals from sequestered funds channeled to his personal account. He has no business representing the Republic of the Philippines in the US Supreme Court and should have been suspended much earlier, with an immediate replacement along similar paths taken by the Commission on Elections with respect to Benjamin Abalos.
Claimants 1081 has requested Akbayan representative Risa Hontiveros to file a resolution for an immediate inquiry into PCGG expenditures involving exorbitant fees for American lawyers and the anomalous practices of Camilo Sabio and his junket gang. Akbayan likewise calls for his suspension and immediate replacement as PCGG Chair along a similar path taken by former COMELEC Chair Benjamin Abalos.
ETTA P. ROSALES
Chair, Claimants 1081
Chair Emeritus, Akbayan
14 March 2008
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We would like to invite you for a caucus of the Human Rights Community Leaders to be held on February 22, 2008 from 9:00 am to 12:00 noon at the Bantayog Library/Conference Room. The meeting is intended to discuss developments of the following critical issues:
Human Rights Bill in Congress
Class Suit in the US Supreme Court
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