Marcos victims want to settle with gov’t -- lawyers
By TJ Burgonio
Philippine Daily Inquirer
First Posted 05:03:00 05/07/2008
MANILA, Philippines -- Human rights victims want to settle with the government their claims on the $29-million assets allegedly amassed by the late strongman Ferdinand Marcos now being litigated by Singapore courts.
American Robert Swift, lead counsel for some 6,625 claimants, on Tuesday called on President Gloria Macapagal-Arroyo to appoint an envoy to negotiate an out-of-court settlement with his team.
“She would do a great service to try to expedite the resolution of the money so that the money could be distributed in part to the human rights victims,” he said in a briefing at the Bantayog ng mga Bayani in Quezon City.
Besides, Swift said this was the right time to talk settlement since the case hasn’t entered the trial phase. And even if it goes to trial, the Philippine government would likely lose the case.
Claimants
“I don’t believe the officials of the current administration want to deliver to the President the bad news that she’s likely to lose in Singapore, and the human rights victims will likely get the money,” he said.
Swift is here in the country for a series of consultations with the victims.
The Court of Appeals in March rejected an appeal by the Philippine government to reclaim the assets, then worth $25 million, and upheld a high court decision that the government must prove it owns the assets.
The victims, four foundations and a corporation are claiming the funds, which are part of some $658 million that Marcos held in several Swiss bank accounts now held by German WestLB bank branch in Singapore.
The $25 million was the remainder of some $100 million in Marcos funds deposited in Singapore. The rest had been transferred to the Philippine government in 2003, according to Swift.
Marcos was ousted by a people’s revolt in 1986 and died in exile in Hawaii three years later. He was accused of plundering billions of dollars from state coffers. His family denied this.
Favorable ruling?
Swift, 61, also said he was optimistic that the US Supreme Court would issue a favorable ruling on the case of the $35-million Arelma account within the next 45 days.
“I believe that the [US] Supreme Court will rule in your favor,” he said, adding: “Are we likely to succeed? I think we will.”
The Arelma account is part of the Marcos wealth being claimed by several parties, among them, human rights groups. Each victim is entitled to receive a $2,000-share from the deposit.
Swift said that even if the SC rules against the victims, he said that the victims could still claim the money through a different procedure.
“The money is going to go back to Merrill Lynch, and then we will file a claim for execution. We will execute on that money,” he said.
“How soon will there be distribution? If the Supreme Court rules in your favor, probably the earliest we would be able to distribute money would be at the end of July,” he added after explaining the procedures.
Human rights
The $35 million comes from a securities trading account in Merrill Lynch set up by Marcos through a close associate in 1972, using a company called Arelma Inc.
Swift also disclosed that the US State Department and the Department of Justice manifested their opposition to the victims’ claim over the Arelma account during a meeting with Swift at the Office of the Solicitor General in July 2007.
“I’m embarrassed that the US Ambassador to the Philippines is not supporting you, is not supporting human rights victims. The United States has a tendency to talk a lot about human rights, but when it comes to actually doing something, they would rather hand out rice, than they would enforce laws,” he said, addressing some of the victims present at the briefing.
“That’s why I’m calling on the American ambassador... Does she support the human rights victims? And if so, why did the State Department oppose [her] in the Supreme Court?” he added, referring to US Ambassador Kristie Kenney.
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