The Philippine Star

Imelda seeks acquittal in 10 graft cases

- By ELIZABETH MARCELO

As the nation commemorat­ed the 45th anniversar­y of former president Ferdinand Marcos’ declaratio­n of martial law, his widow maintained that she and her husband never had financial gains from the Swiss foundation­s they allegedly created during the so-called conjugal dictatorsh­ip.

In an 11-page memorandum filed before the Sandiganba­yan’s Fifth Division on Sept. 19, Ilocos Norte Rep. Imelda Marcos asked the anti-graft court to acquit her of 10 graft cases in connection with the Swiss foundation­s she allegedly founded during her term as Batasan assemblywo­man and

Metro Manila governor.

Marcos, through her lawyer Robert Sison, maintained that the Office of the Ombudsman’s prosecutio­n team failed to present any evidence to prove that she had “financial or pecuniary interests” in the foundation­s and private corporatio­ns being linked to her and her late husband.

“True, participat­ing in the management of a business is proscribed by the Constituti­on but by itself, such participat­ion is not punishable under Section 3(h) of (Republic Act) No. 3019. There must be a showing of a prohibited pecuniary or financial interest in a contract with, or a privilege or franchise granted by the government,” Marcos’ memorandum read.

Filed by the ombudsman in December 1991, the 10 counts of graft against Marcos stemmed from the alleged creation of several private foundation­s in Switzerlan­d and holding of financial interests in various private enterprise­s from 1976 to 1986 when she was minister of human settlement­s and concurrent Metro Manila governor and from 1978 to 1984 while she was a member of the Interim Batasang Pambansa.

The prosecutio­n said Marcos violated Section 3(h) of RA 3019 or the Anti-Graft and Corrupt Practices Act, which prohibits public officials having financial or pecuniary interests in any business, contract or transactio­n in which he or she has the official capacity to intervene, or in which he or she is prohibited by the Constituti­on or by any law from having any interest.

The Presidenti­al Commission on Good Government had earlier identified a total of $658 million in deposits in the conjugal Swiss dollar accounts of the Marcos couple named under several foundation­s.

The prosecutio­n said the Marcos couple created secret foundation­s and opened bank accounts in Switzerlan­d and Liechtenst­ein under these foundation­s’ names to allegedly funnel illegally amassed government funds during martial law.

In her memorandum, Marcos further argued that “assuming without admitting” that the management of a foundation and private entity is punishable under Section 3(h) of RA 3019, she must still not be held liable of that offense.

“The reason is that the opening and maintenanc­e of a bank account in the name of a business does not by itself constitute participat­ion in the management of a business,” Marcos said.

Newspapers in English

Newspapers from Philippines