Senate set to probe PCGG legal setbacks

MANILA, Philippines — The Senate is set to conduct an investigation into the failure of the Presidential Commission on Good Government (PCGG) to win its cases filed before the Sandiganbayan in connection with the government’s efforts to recover the alleged ill-gotten wealth from the heirs of the late dictator Ferdinand Marcos, Sen. Richard Gordon said yesterday.

Gordon, who chairs the Senate justice and Blue Ribbon committees, expressed disappointment over the dismissal by the anti-graft court of the PCGG’s P200-billion forfeiture case against the Marcoses for lack of evidence.

He said there seems to be something “broken” in the PCGG – chaired by Reynold Munsayac – that needs “fixing.”

“There’s a case of urgency here. They’re sending the wrong message to our country that people get away with their wrongdoings and that if you’re patient enough, your cases will be dismissed,” Gordon told reporters.

He said the PCGG should not only focus on recovering the ill-gotten wealth from the Marcoses, but also make sure that those responsible for plundering the country be put behind bars.

Gordon said PCGG lawyers appear to be “very cavalier” in prosecuting their cases against the Marcoses as evidenced by the string of legal defeats.

“There should be accountability,” he said. “The PCGG should get more qualified lawyers because the trick here is good research and good lawyers.”

Gordon also accused PCGG officials of taking advantage of their position, but did not elaborate.

Palace hands off

Malacañang would continue to be hands off on the decision of the Sandiganbayan to junk the fourth civil case against the Marcoses, presidential spokesman Salvador Panelo said.

Panelo cited the independence of the executive and judiciary.

He maintained that the Palace did not intervene in the forfeiture case against the Marcoses.

“As we have repeatedly said, we never interfere with the decision of the court. The court decides on the basis of evidence,” Panelo said.

He assured the public that the Sandiganbayan’s decision is out the Palace’s control.

Panelo said it is up to the Office of the Solicitor General (OSG) whether it would appeal the decision.

“That’s for the Solgen to decide. We will not preempt,” he said.

The Sandiganbayan’s Fourth Division dismissed the fourth forfeiture case against Marcos, his wife Imelda and children Sen. Imee Marcos, former senator Bongbong Marcos and Irene Marcos Araneta as well as Constante Rubio, the family’s alleged crony, over the failure of the PCGG to “prove its allegations by preponderance of evidence.”

The anti-graft court ruled that the OSG merely presented photocopies of documentary evidence and failed to prove the existence of the originals.

“The bulk of the documentary evidence offered by the PCGG are mere photocopies, most of which are barely readable. Even if the court were to defy the best evidence rule, it still could not fully ascertain the contents of these documents and make an intelligent evaluation therefrom,” read the 58-page decision.

‘Build strong cases’

The Commission on Human Rights (CHR) yesterday urged the PCGG and OSG to build strong cases against the Marcoses to successfully recover their alleged ill-gotten wealth.

CHR spokesperson Jacqueline de Guia noted that the recent dismissal of the fourth civil case against the Marcoses was due to the failure of government lawyers to submit the original copies of documentary evidence.

“The challenge is for the PCGG and OSG to build up their cases and make sure that the remaining cases will not be dismissed on mere technicalities,” De Guia said.

“We have good lawyers at the PCGG and OSG, but we believe that they still have to put more effort to [make sure that] the other cases will not be dismissed,” she added.

De Guia also expressed concern on the impact of the dismissal of the cases in terms of public perception, noting that it may be used to revise history. – With Christina Mendez, Janvic Mateo