Dismissed Lawyer Presses Case vs Tan

By Edson C. Tandoc Jr.
Philippine Daily Inquirer
First Posted 20:37:00 09/02/2009

MANILA, Philippines -- Kicked out of the case by the Office of the Solicitor General, a private lawyer asked the Sandiganbayan on Wednesday to reopen the presentation of evidence against tycoon Lucio Tan, saying Tan’s own brother Mariano Tanenglian was finally ready to be a state witness.

In an omnibus motion with the Sandiganbayan 5th Division, lawyer Catalino Generillo Jr. said: “Mariano Tanenglian had a change of heart and would like to tell the truth and serve the cause of justice. His willingness to turn state witness should impel the Court to reopen trial and allow him to testify.”

“This is a judicial duty it cannot shirk from,” he added.

In a July 13 ruling, the court ordered the prosecution to terminate its presentation of evidence, junking its motion asking for more time to present more witnesses.

But Generillo said in his motion: “The willingness of Mariano Tanenglian to testify in this case is a supervening event that could alter the course of this proceeding and serve the ends of justice. The Court should not ignore it and should reopen the trial.”

The government is seeking to prove that Tan's assets form part of the ill-gotten wealth of the Marcoses so it could seize these in favor of the state.

Generillo argued that Tanenglian would be a competent state witness against his brother because of his knowledge of the deals between Tan and the late dictator Ferdinand Marcos.
Tanenglian, himself, had transactions with Marcos.

In one instance, Tanenglian managed to convince Marcos to ask the Central Bank to deposit $50.6 million in the Allied Bank even if bank rules prohibited putting government funds in private banks, Generillo said in his 48-page motion.

Generillo said Tanenglian was ready to testify that Lucio Tan "is a mere trustee or agent" of Marcos.

He also promised the 5th Division he would offer his documentary exhibits, which the OSG had demanded him to return when it disowned him in May, as part of Tanenglian's testimony.
In a July 31 order, the 5th Division granted the OSG's manifestation and motion which declared that Generillo was no longer part of the prosecution and demanded that he return documentary exhibits in his possession.

Generillo is credited with presenting witnesses the OSG and the Presidential Commission on Good Government (PCGG) had failed to present like former Sen. Jovito Salonga and Ilocos Rep. Ferdinand Marcos Jr.

But in his omnibus motion, Generillo said the court order was "null and void and must be set aside." He said he "is the legal owner of the documentary exhibits" and that the court order was "devoid of legal basis."

Generillo also asked the members of the Sandiganbayan 5th Division, where the case is pending, to inhibit themselves from the case for the delay in resolving a government motion filed almost two years ago.


Anonymous said...

"The Filipino is Worth Paying For." - Dr. Lucio Tan

Anonymous said...

Hindi mananalo si Mariano!

Binayaran na ang taga DOJ.

Yan ang okey sa Pinoy, salapi lang hinahanap at bebentahin nila pati ang mga anak nila.

Anonymous said...

Aquino vows to go after Marcos wealth

Agence France-Presse
First Posted 12:09:00 09/09/2009

Filed Under: Politics, Elections, Eleksyon 2010
MANILA, Philippines — Senator Benigno “Noynoy” Aquino III on Wednesday vowed that as president of the Philippines he would give the public "closure" by recovering stolen wealth controlled by the family of late dictator Ferdinand Marcos.

The announcement appeared to dash hopes of a reconciliation between two of the Philippines' most influential political families.

Anonymous said...

Gov’t won’t rest case vs Lucio Tan
By Edson C. Tandoc Jr.
Philippine Daily Inquirer
First Posted 10:06:00 09/10/2009

Filed Under: Graft & Corruption, Litigation & Regulations
MANILA, Philippines—Despite an order from the Sandiganbayan to rest its case against business tycoon Lucio Tan, the government Wednesday said it could not do so just yet and asked the court for another 30 days to file its formal offer of evidence.

As the deadline lapsed Wednesday, the Office of the Solicitor General filed an urgent manifestation and motion asking for more time, saying some of its documentary exhibits have not been returned by private lawyer, Catalino Generillo Jr., that it had kicked out of the case.

Also Wednesday, Mariano Tanenglian, a brother of Lucio Tan, filed a motion asking the antigraft court to reopen the presentation of evidence in the case, saying he was ready to testify against his brother.

Tanenglian said he was “ready and willing to cooperate as soon as immunity is granted.”

The case concerns an ill-gotten wealth case against the estate of the late dictator Ferdinand Marcos involving the assets of Tan.

The Presidential Commission on Good Government filed Civil Case 0005 against the Marcos estate, Imelda Marcos, the Tan brothers and several others more than two decades ago.

Contacted for comment, Tan’s lawyers said they could not comment yet as they have yet to read Tanenglian’s motion.

Anonymous said...

Anonymous said...

Get Real
The mysterious case of lawyer Catalino Generillo
By Solita Collas-Monsod
Philippine Daily Inquirer
First Posted 02:03:00 09/12/2009

Filed Under: Graft & Corruption, Government offices & agencies, Legal issues, Litigation & Regulations
Most Read
Catalino Aldea Generillo Jr., who broke into the public’s consciousness as a special counsel of the Presidential Commission on Good Government (PCGG), got fired for doing a good job. But he is fighting on. Earlier this week he wrote a letter to President Gloria Macapagal-Arroyo, in the belief that it is his sacred duty to call her attention to the “appalling conduct of the PCGG and the Office of the Solicitor General (OSG) in Civil Case No. 005.” Civil Case No. 005 is entitled “Republic of the Philippines vs Estate of Ferdinand Marcos et al.” It was filed at the Sandiganbayan in 1987 and, by its number, it is one of the first cases of unexplained wealth filed after the People Power Revolt. There are 29 individual defendants and 40 corporate defendants in this case, which is probably why it took almost 17 years to reach the pre-trial stage, and another two years to start its actual trial.

The case made the headlines, not least because Lucio Tan and Imelda Marcos are among the defendants, and Tan’s corporations are among the corporate defendants (e.g., Allied Bank, Fortune Tobacco, Asia Brewery). What made it even more conspicuous is that Ms Marcos filed a cross-complaint against her co-defendant Tan, claiming among others that the Marcos heirs owned 60 percent of Tan’s corporate assets, and she presented documentary evidence to that effect. The Sandiganbayan did not give due course to the cross-complaint, nor did the Supreme Court.

Anonymous said...

So what is Generillo’s beef? What does he consider “appalling” conduct by the PCGG and the OSG? He is outraged that these agencies have been sitting on the offer of Mariano Tanenglian, one of the defendants in the case and the brother of Tan, to be a government witness in exchange for immunity. Apparently, there had been meetings earlier this year, and on July 18, 2009, Tanenglian’s lawyers formally discussed with PCGG officials his offer to testify for the government.

One would think that the PCGG and OSG would have grabbed the chance to have as witness for the prosecution somebody who figuratively knew exactly where all the bodies were buried. After all, Tanenglian, until he was booted out of the Lucio Tan group this year, was treasurer or held the equivalent position in all of its companies. But nothing happened. So one month later, on Aug. 19, the lawyers of Tanenglian reiterated their offer, only to be met by another blank wall of silence. Thus Generillo’s Sept. 8 letter to the President.

Is Generillo just a case of sour grapes because he was fired from the PCGG? Or more accurately, because his deputation as special counsel was not renewed late last year? (The deputation is done every six months.) Therein lies an interesting tale.

First, let’s look at Generillo’s background. He was with the Philippine National Bank (PNB) since 1973, when he passed its entrance exams—one of 200 who qualified out of 6,000 applicants. Starting as bank examiner, he worked his way up to vice president, at the same time, studying law (graduating magna cum laude from Lyceum) and passing the bar in 1983. He left PNB in 1999, taking advantage of an early retirement package, and started his private practice.

In 2001, he heard Haydee Yorac, newly-appointed chair of the PCGG, over the radio, bemoaning its lack of good lawyers, and sounding the call for public service. He immediately wrote her. She must have been impressed with his qualifications and interview, because she promptly hired him. He stayed on after she left, and was assigned to Civil Case 005 in January 2001, when the lawyer handling it resigned.

Anonymous said...

And that’s where he started getting into trouble. He apparently did more homework than most on the case, because he uncovered more evidence and interviewed more possible witnesses—a fact which obviously did not sit well with the Tan side, and less obviously with the PCGG and the OSG. A news report has Generillo claiming that he had to overcome the reluctance of both the PCGG and Solicitor General Agnes Devanadera before he could present Bongbong Marcos as a hostile witness to help confirm the alleged “special concessions” obtained by Tan from Marcos.

He also found previously undiscovered documents from the Malacañang Museum with the help of its director, Jeremy Barnes, who he also put on the witness stand—documents like a letter written to Marcos (signed by Tanenglian) in 1984, asking him to approve a deposit of $50 million by the Central Bank to Allied Bank, and another letter requesting tax exemption for 100 million bottles for Asia Brewery—both approved by marginal notation. It took three days for the court to mark all the new documents.

Moreover, he impleaded as witness a former PNB executive who testified that Tan was given special treatment, both by the PNB (a P300-million line of credit when P200 million was the single-borrower’s limit), and the CB.

This burst of activity from a heretofore lackadaisical PCGG may have prompted Estelito Mendoza, Tan’s defense lawyer, to write a letter to the PCGG, pointing out that while the OSG is supposed to be representing the PCGG in all cases, yet it was Generillo prosecuting, “indeed, apparently controlling the prosecution of the case.” He then asked for a copy of Generillo’s designation as special counsel and his authority to prosecute the case.

That letter was written on Nov. 17, 2008. Generillo’s deputation as special counsel was not renewed as of the end of November 2008. Draw your own conclusions.

Anonymous said...

Anonymous said...

Labor unrest brewing in PAL spinoff—group
First Posted 13:02:00 09/13/2009

Filed Under: Labor, Unrest and Conflicts and War, Air Transport
MANILA, Philippines—Rank and file workers of the Philippine Airlines are flexing their muscles against imminent job loss after the management bared its plan to implement before the end of the year a major restructuring program that would affect some 2,000 workers, the Partido ng Manggagawa (PM or Workers Party) said in a statement Sunday.

Gerry Rivera, PAL Employees Association (Palea) president and vice chairman of the labor party-list group PM, said he is leading a noontime protest tomorrow to be held at the PAL In Flight Center, Airport Road, Paranaque City against what the union bewails as Lucio Tan’s “predilection of throwing the weight of his corporate problems to the workers.”

A signature campaign against the spinoff is also ongoing and after the noontime protest tomorrow, a press conference followed by a motorcade rally is tentatively scheduled on Wednesday.

Anonymous said...

Anonymous said...

PAL to boost long-haul flights with new 6 new planes
By Michelle Orosa, ABS-CBN News | 09/11/2009 8:34 PM

MANILA - Local carrier Philippine Airlines (PAL) will take delivery of its first Boeing 777-300 extended range plane in November to boost its long-haul flights.

"We welcome PAL as the next airline to take delivery of B777-300ER in November of this year," Boeing Vice President for Marketing Randy Tinseth told reporters in a briefing on Friday.

The new B777-300ER aircraft is the first of the 6 new planes PAL will add to its existing fleet over the next 4 years. It is one of the 2 planes on a lease agreement, with the other one set to be delivered in January next year.

The 4 other aircraft, meanwhile, are direct purchases and are set to be delivered between 2012 and 2013. The delivery was delayed by 18 months as PAL was prevented from adding flights to the United States due to an aviation industry downgrade by the US Federal Aviation Administration.

Each of the 4 twin-engine planes has a list price of $257 million to $286.5 million, depending on interior configurations. PAL is planning to tap the Export-Import Bank of the United States to finance the acquisition of the 4 planes, which the airline said may be used mainly for trans-Pacific flights.

"We are still finalizing the routes. We are eyeing existing operations," PAL Commercial Group Advisor Richard Miller said.

PAL, meanwhile, did not disclose costs for the 2 aircraft under lease agreements.

Miller said the B777-300ER planes consume less fuel compared to the B747-400 or the Airbus 340-300, allowing PAL to incur less costs. The aircraft will be configured as bi-class, with 42 seats in the Mabuhay Class (business class) and 328 in the Fiesta class (economy class).

To stimulate tourist arrivals from North America, Miller said PAL has already teamed up with the Tourism Department. "It is an opportunity for us to bring more tourists to the country," he said.

Anonymous said...

May pera para sa eroplano pero walang pera para sa mga emplayado?

Anonymous said...

Magkano ka binili ni Lucio Tan, Atty. Mendoza?