Gov’t not blocking monetary award to martial law victims – Guevarra

Justice Secretary Menardo I. Guevarra on Sunday (April 21) clarified that the government was not blocking the award of compensation to martial law victims,

but merely wanted to get a better deal on the settlement agreement.

"The government is not blocking the settlement agreement that will give martial law human rights victims $13.5 million. The government simply wants that the Republic, as a whole, gets a better deal," Guevarra stressed.

He added: “The government's position is not antagonistic to the interests of martial law victims who are also citizens of our country, but to protect the interests of the Republic as a whole." Guevarra’s stand in behalf of the Department of Justice (DOJ) supported the position aired by Solicitor General Jose C. Calida in the settlement agreement that allowed the distribution of $20 million worth of seized assets of the Marcoses in the United States.

He agreed with Calida that the settlement agreement in the interpleader case pending at the New York district court was disadvantageous to the Philippine government.

Earlier, Calida had said the Philippine government would get only $4 million from the proceeds of the sale of paintings recovered from Vilma Bautista, an aide of former first lady and now Ilocos Norte Rep. Imelda Marcos.

He said that while the deal would also be in the best interest of 9,539 martial law victims who would receive a measly R1,500 each, their lawyer Robert Swift has sought a hefty $4.12 million as attorney’s fees.

He added that the proposed settlement agreement required the Philippine government to grant immunity to Bautista and move to dismiss the cases against her in the Sandiganbayan.

“The government cannot grant immunity to Vilma Bautista. She is a principal defendant in a case currently pending before the Sandiganbayan. The authority of the PCGG to grant such immunity is limited only to a witness who can provide material and relevant information or testify against a defendant in an ill-gotten wealth case,” Calida explained.

Thus, he said, lawyers from three government agencies – DOJ, Presidential Commission on Good Government (PCGG) and the Office of the Solicitor General (OSG) -- "unanimously agreed that, in the best interest of the Republic, it will no longer enter into the settlement agreement."

Calida said the government has decided to, instead, pursue its claim for all of the recovered properties of the Marcoses in the cases pending before the Sandiganbayan.

Guevarra said the DOJ, particularly his office, has reviewed the terms of the settlement agreement.

He said that unless the Philippine government takes further remedial action, the order of the New York district court approving the settlement agreement could be executed immediately.

“Note that the subject of this interpleader case (the proceeds of the auction sale of the disputed paintings) is in the custody of the District Attorney of New York, and not in the Philippines, and so execution of the judgment will be in the US,” Guevarra said.

Case records showed that the Presidential Commission on Good Government (PCGG) had entered into negotiations with the group of martial law victims who won a $2-billion class suit in Hawaii in 1995.