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Saturday, August 04, 2007

 

Fight for FM wealth shifts to Singapore


SINGAPORE: Victims of abuse under Ferdinand Marcos are battling the Philippine government in a Singapore court for $25 million plundered by the former dictator, lawyers said Thursday.

About 10,000 victims of human rights abuses under Marcos, who died in 1989, are competing with claims from five foundations linked to the former dictator and the Philippine National Bank (PNB) as well as the government.

The $25 million is all that remains in dispute after hundreds of millions of dollars in funds held in escrow overseas were earlier returned to the Philippine government after a 2003 court ruling.

Ferdinand Marcos governed first as an elected president and then as a virtual dictator after declaring martial law in 1972.

More than 500 civil and criminal suits have been filed against the former first family and the estate of Marcos, who was toppled in a bloodless coup in February 1986.

Despite years of hearings and investigations, the Marcos family had not been convicted of any crime.

The latest case was brought in Singapore because the funds are held in escrow here, but a lawyer for the Philippines government said it should be decided there.

S. Suresh said the Philippines was seeking a stay of the competing claims and return of the money.

Singapore’s High Court has rejected the Philippines’ bid.

But the appeal court on Wednesday reserved judgment on whether the Philippines has state immunity—the principle that one state should not sit in judgment on another, Suresh said.

Kenneth Tan, representing the abuse victims, said the Court ruling upheld his argument that the Philippines had waved immunity by participating in the Singapore proceedings.

The victims earlier won a class-action suit in the United States against Marcos’s estate, Tan said.

Suresh said he expected the Singapore Court of Appeal to issue its judgment in one or two months.

On Friday the Presidential Commission on Good Government denied reports it had dropped its opposition to the plan of the family of Imelda Marcos to firm up control of Benguet Corp.

PCGG Commissioner for litigation Nicasio Conti also dismissed rumors that the commission had struck a deal with the Marcoses.

Conti said the reported use of sequestered funds belonging to Palm Avenue Holdings and Palm Avenue Realty Development Corp., which acquired additional shares in Benguet Corp., was approved by the Sandiganbayan’s 5th Division in January 2007.

To ensure that the sequestered funds would be used to purchase the intended shares of stocks, the Court has approved the designation of a PCGG comptroller, to protect the interest of the government in Benguet, he said.

Commissioner Tereso Javier said appointed comptroller in Palm Avenue Companies, “by allowing the Palm Avenue companies to exercise its right to acquire new shares, the PCGG prevented the dilution of the value of the shares.”

Conti said the infusion of an additional capital from the escrow deposit as sanctioned by the Sandiganbayan is timely because it is intended to protect the listing of the Benguet Corp. in the Philippine Stock Exchange and to resuscitate the corporation’s financial health.

A newspaper reported Friday that the PCGG had “quietly” dropped its opposition to the plan of the Romualdez family to firm up control over Benguet Corp., finally allowing it to use sequestered funds to buy more shares in the pioneering mining company.

About P435-million worth of Benguet shares were sold in the stock exchange Thursday, signifying the acquisition of a total of 36,434,909 class A and B shares by the family of former ambassador Benjamin Romualdez, the brother of the former first lady.

Palm Avenue Holding and Palm Avenue Realty already control 44 percent of Benguet.

Benguet said its board, headed by chairman and Leyte Rep. Ferdinand Martin Romualdez and his younger brother and chief executive Benjamin Philip, approved the purchase. The fresh money would be used to restart Benguet’s shuttered gold and chromite mines.

It is not immediately clear if taipan Alfonso Yuchengco, who is represented in the board by investment banker Luis Juan Virata, would ask for a similar arrangement so as not to dilute his 11.5-percent stake in the company, given the expanded capital base after the Romualdez purchase.
--AFP and Francis Earl A. Cueto

   

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