AN official of the Presidential Commission on
Good Government (PCGG) yesterday said that the $34.13 million
representing part of the Marcos Swiss deposits placed at the
Philippine National Bank (PNB) which is being sought by the
Commission on Audit (COA) is not missing, contrary to earlier
reports.
PCGG Commissioner for Legal Affairs Narciso
Nario said the amount was actually "retained" at the PNB to be
utilized by the agency for foreign litigation purposes as
provided for in a memorandum of agreement PCGG signed with PNB
and the Department of Finance.
"The said amount is not missing and was
actually retained. If I am not mistaken under the memorandum of
agreement, five percent of the recovered Swiss account was to be
used for the foreign litigation purposes in accordance with the
recovery of the ill-gotten wealth of the Marcoses stashed
abroad," Nario said.
He said the funds are all accounted for and
are being used to finance the foreign trips of the commissioners
whose presence is needed in the hearings.
On Monday, a COA report said the amount has
yet to be transferred from the PNB to the Bureau of Treasury
despite the issuance of a writ of execution for the transfer.
The report said that "at least $34,130,468.05 of Swiss deposits
deposited in escrow at PNB declared as fund belonging to and
forfeited in favor of the government were not taken up in the
books of accounts of PCGG in violation of Section 63 of the
Government Auditing Code."
COA also found out that PCGG even certified
that PNB had complied with the writ. The commission said it
found out that only $624,044,905.55 were transferred and
recorded in the books of the National Treasury in 2004.
Nario said part of the money was used to pay
lawyers who are helping the PCGG in its cases overseas,
including the recent one where PCGG won in a United States court
over 10,000 human rights victims who had made a similar claim on
Marcos’ $35 million Arelma account.
Nario said the PCGG have had to dip into part
of the recovered funds since no money has been allocated by the
government to finance litigation costs.
In a ruling on July 15, 2003, the Supreme
Court forfeited in favor of government the $658,175,373.60
Marcos Swiss deposits then kept at the PNB. The Sandiganbayan
then issued a writ of execution on Jan. 22, 2004 for the
transfer of the money to the Bureau of Treasury. Eight days
later, PNB filed before the Sandiganbayan a manifestation of
compliance and government through PCGG executed a deed of
release with quitclaim to acknowledge, confirm and affirm PNB’s
full compliance with the writ of execution.
PCGG chairman Camilo Sabio could not be
contacted for comment as he was not answering his phone.
PCGG public information chief Nick Suarez said he would try
to get in touch with Sabio but did not say where the latter was.
PCGG insiders said Sabio is leaving the country later today to
attend a forum of the International Law Association in Brazil.
– Ashzel Hachero
