State prosecutors bungle case vs Marcos, PCGG says
THE government is losing cases to fully recover the ill-gotten wealth of former President Ferdinand Marcos and his family due to the bungling of the prosecutors in the previous administrations, the Presidential Commission on Good Government (PCGG) said.
PCGG Chairman Andy Bautista made the admission after a recent ruling of the Supreme Court (SC) ordering the Commission and the Office of the Solicitor General (OSG) to conduct an investigation of the prosecutors assigned to go after the Marcoses and their dummies.
The order was contained in a resolution by the High Court ordering the reinstatement of Senator Ferdinand “Bong Bong” Marcos and his sisters, Irene Marcos-Araneta and Ilocos Norte Governor Imee Marcos as defendants in the P200 billion ill-gotten wealth case filed by the government in 1987.
The SC said the prosecutors handling the case disregarded procedures and failed to present available crucial evidence that could have proven the guilt or innocence of the Marcos siblings.
Bautista said they were surprised at the apparent bungling of the prosecutors from the previous administrations, adding the Commission would support any investigations against them.
Asked if there were orders coming from above for the prosecutors to do that, Bautista said he could not say for sure but he added the mistake is glaring, citing the recent SC order.
A study funded by the United States Agency for International Development (USAid) and conducted by the American Bar Association (ABA) released last year showed that there are still 84 cases pending before various courts.
Likewise, the study showed that live cases stay pending before the Sandiganbayan for an average of nine years while those appealed from the Ombudsman to the SC remain for at least six years.
It added that litigation at the anti-graft court usually takes 20 years.
But the study placed more of the blame on legal maneuverings by the defendants rather than the bungling of the prosecution.
Bautista’s immediate predecessor at the PCGG, Camilo Sabio pointed to the first Commission’s chairman, Jovito Salonga for the government’s failure to fully recover the Marcos ill-gotten wealth.
Sabio said that contrary to common knowledge, it was Salonga that should be blamed for the Commission’s failure to recover the ill-gotten wealth despite the powers at his disposal in the aftermath of the 1986 Edsa People Power uprising that toppled the Marcos dictatorship.
He said President Corazon “Cory” Aquino has dictatorial powers at that time that Salonga could have utilized to recover all documents, traced the ill-gotten wealth and recover it if he “had only the political will” to do so.
The former PCGG chief said this resulted in the succeeding administrations being blamed by the public for the failure to fully recover the ill-gotten wealth.
At the same time, he also said the Commission’s meager resources are hampering its efforts to recover the ill-gotten wealth which authorities said could reach as much as $3 trillion.
http://www.sunstar.com.ph/manila/local-news/2012/03/06/state-prosecutors-bungle-case-vs-marcos-pcgg-says-209811
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