Why it has recovered recovery of wealth that had Marcos?

Carolyn Bonquin, ABS-CBN News 

Posted on September 7, 2016 at 05:50 

MANILA - The legal battle to recover the alleged wealth of the family of President Fernando Marcos and his alleged chrono is far. 

For thirty years, the Presidential Commission on Good Government (PCGG) was able to recover P170.700 million or $ 3.7 billion, representing nearly half the 5 to US $ 10 billion of alleged wealth obtained. 

The government is also pursuing 248 cases against Marcos and his alleged dismissed in various courts, some pending before the Supreme Court.

There are 85 cases in the Sandiganbayan, 21 Courts Metropolitanas tests, 41 in Regional Courts Test, and 13 Appeal Court, respectively.

 Thirty-four cases were filed against the PCGG by respondents. 

Ten cases of civil decay in the Sandiganbayan involving assets of P32.017-million: P4,460-864 million in real estate and P23.557 billion in shares of stock. DELAYS Lawyer Ma. 

Theresa Pabulayan, executive secretary of Sandiganbayan said that most cases were dragged for decades because of the defendants legal resources by the government and lawyers.

"These remedies are mainly used by the defendants to protect their customers ... (through) various movements , " said Pabulayan. ''

 The cases are Natin, Cameron Tayong numerous defendants. Cameron Tayong in some cases 70 to 90 and if each defendant ... ... napakarami magician-file ng motion IRE-solve ng court ".

 (We have many defendants in the case. We have up to 90 defendants in a case. If each defendant presents several proposals, the court must resolve all). 

The tests also were postponed after lawyers fail to appear, or when some witnesses failed or were not available. So far, some respondents have not yet been located.

The excomisario of the Presidential Commission on Good Government (PCGG), Ruben Carranza, Marcos blames the slow disposition of cases. 

"The first is the delay caused by the settlers of Mark and Mark. They do it deliberately. They have all kinds of movements that lawyers call dilatory" he said. 

"Second reason is changes in the handling of cases: PCGG changes, changes in OSG (Office of the Solicitor General), which is also difficult to maintain the litigation , " Carranza said. 

CASES INTENDED

 Apart from the disposition of cases turtle, the government also faces the challenge of proving that the illegal acquisition of wealth of the Marcos chronicles is very difficult.


Of the 63 cases involving Marcos heirs have been denied 25 cases of seizures. 

Marcos's widow, Imelda, was also acquitted in six criminal cases of graft and embezzlement. 

"(Dismissal) does not mean that these assets are not obtained bad. The Sandiganbayan should take into account the 2003 decision of the Supreme Court Laban sa Marcos. 

One of my coworkers Mark was not able to do - what, but to do so, and let my government, "Carranza said. (The dismissal does not mean that these assets are not obtained. 

The Sandiganbayan should take into account the decision of the Supreme Court of Laban sa Marcos, 2003, which states that the wealth of Marcos and his chrono went beyond what you could win and therefore would have to return to government coffers).

Sandiganbayan said the cases were dismissed after state lawyers failed to show that were lost assets were acquired through government funding or through its relationship with Mark.

 The Sandiganbayan said that cases against Marcos and the military are being tried under the Regulation. The law requires the presentation of "best evidence" or original documents to show that the government 's claims. 

'' The documents must be original, otherwise it could be declared fictitious. If lost or destroyed, the plaintiff must establish that has been lost or destroyed and must also establish that established efforts to locate the original , "said Pabulayan.

The victim of human rights, Etta Rosales, said the losses reflect the "very sloppy" of state attorneys handle cases.

 '' '' '' '' '' '' '' '' '' '' '' '' " " " " "" " " " " "" '' '' '' '' '' '' '' '' '' '' '' '' " " " " " " " '' '' '' '' '' '' '' '' '' '' '' '' " " " " "" " " " "  

 (If there is a lack of evidence, It means that the work has been done without question). 

"Prosecutors should defend ourselves did not do enough work." Carranza, meanwhile, explained that ensure original copies of the documents is a challenge because Marcos had enough time to destroy tracing paper. He said, the only documents held by the government are those who left when Marcos fled Malacañang.

Also he admitted that some of the evidence from several administrations lost or stolen PCGG is.

 '' '' '' '' '' '' '' '' '' '' '' '' '' '' '' '' '' '' '' '' '' '' '' Thus, '' '' '' '' '' '' '' '' '' '' '' '' '' '' '' '' '' '' 

(the Marcos had enough time to hide the wealth obtained. The documents reveal the whereabouts of these riches are no longer in the Philippines). 

'' Nagsimula was open to Swiss accounts 1968 eventually with PCGG the edge 1987. '' It's going to send documents to my website for users Marcos, who were unable to do so, did not allow me to work as a lawyer in Switzerland the ibangs countries Kaya hindi ma-access ng Pilipinas. ''

(The Swiss accounts opened in 1986 and PCGG was established in 1987. The documents can prove the existence of damaged riches are beyond the reach of the Philippine government). 

While documentary evidence is important, Carranza said the government was looking for suitable witnesses who could prove their cases. 

But finding witnesses remains a challenge for the government. The Sandiganbayan said some cases were abandoned because they called to testify had no personal knowledge of the documents. 

Wins 

However, it not all lost by the government. 

The government could claim P75.354 billion victory in cases covered coconut 42 million Arelma account in New York and more than $ 600 million in various Swiss accounts.

It could also take the values of P1-billion Marcos assets including jewelry pieces.

 A total of P78.100 million recovered money was sent to the Comprehensive Agrarian Reform Program (CARP) which was used to support farming communities. 3,057 hectares of farmland were also given to farmers in Laguna, Cavite and Biliran. P10 billion the amount recovered from the Marcos Swiss bank accounts have been reserved for the reparation of victims of human rights violations.