Immunity ruled out for Lucio Tan’s brother

Immunity ruled out for Lucio Tan’s brother
http://newsinfo.inquirer.net/breakingnews/nation/view/20091019-230919/Immunity-ruled-out-for-Lucio-Tans-brother


By Tetch TorresINQUIRER.net
Posted date: October 19, 2009

MANILA, Philippines—Government lawyers maintained that the brother of Lucio Tan must not be given immunity from suit in exchange for testifying on the pending ill-gotten wealth cases against the business tycoon.

In a nine-page comment filed with the anti-graft court's Fifth Division, the Presidential Commission on Good Government (PCGG), through Solicitor General Agnes Devanadera, said it has sole discretion on whether to grant Mariano Tanenglian's plea for "immunity" in exchange for testifying in the cases.

"In reviewing the exercise of prosecutorial discretion in these areas, the jurisdiction of the court is limited. For the business of a court of justice is to be an impartial tribunal, and not to get involved with the success or failure of the prosecution to prosecute," Devanadera said.

"Accordingly, the PCGG cannot be compelled to grant immunity to defendant. The Court has limited authority to review the exercise of said power and prerogative," she added.

The Solicitor General told the anti-graft court that it informed the anti-graft court that Tanenglian’s “immunity proposal” was carefully assessed and evaluated, and it found it “grossly disadvantageous to the government.”

"The exercise of the power is not shared with any other authority. Nor is its exercise subject to the approval or disapproval of another agency of government," said Devanadera, who is also concurrent Justice Secretary who has administrative supervision over PCGG.

Devanadera rejected Tanenglian’s application for immunity by pointing that he has “obscure motives” considering that he came out after more than 20 years.

Tanenglian proposes that PCGG grant him and his immediate family both civil and criminal immunity.

He also wants to be dropped as a defendant in a civil case being pursued by the government and that all writs of sequestration, particularly his shares of stocks in the Lucio Tan Group of Companies, be lifted.

In rejecting Tanenglian’s application for both criminal and civil immunity, Devanadera cited precedent cases by the Supreme Court in the past, which “took special occasions to pronounce that immunity can be extended only to witnesses who provide information to testify against a respondent, defendant or accused in an ill-gotten wealth case.”

In the case of Tanenglian, she noted that “Tanenglian was even a Treasurer in some of the corporations” and is “named principal defendants who… actively collaborated with the Marcoses in the accumulation of ill-gotten wealth.”

In 1987, the PCGG filed a forfeiture case against Lucio Tan and several of his companies, including Fortune Tobacco Corp., Asia Brewery, Allied Banking Corp., Foremost Farms, Himmel Industries, Grandspan Development Corp., Silangan Holdings, Dominium Realty, Construction Corp. and Shareholdings Inc. The case has dragged on for more than 20 years.

The prosecution alleged that Ferdinand Marcos had 60% beneficial ownership in said companies, which beneficial interests were held in trust by Tan personally and through his family members and business associates who appeared as the recorded stockholders of said companies.

PCGG asks antigraft court to reject Tanenglian’s plea for immunity

Nation
Written by Joel San Juan / Reporter
MONDAY, 19 OCTOBER 2009 22:10

THE Presidential Commission on Good Government (PCGG) has officially asked the Sandiganbayan to reject the bid of businessman Mariano Tanenglian, brother of tycoon Lucio Tan, to give him immunity from suit in exchange for testifying for the government in connection with the ill-gotten wealth cases against his brother and several others.

In a nine-page comment submitted to the antigraft court, the PCGG through the Solicitor General insisted that it is the commission’s sole prerogative to decide on whether to accept Tanenglian as witness and to provide him immunity from suit.

The PCGG cited the SC ruling in Mapa v Sandiganbayan which held that Section 5 of Executive Order 14 conferred upon the PCGG the power to grant immunity alone and on its own authority.

“Accordingly, the PCGG cannot be compelled to grant immunity to defendant-movant…the Honorable Court has limited authority to review the exercise of said power and prerogative. This is buttressed by no less than defendant-movant Tanenglian’s statement that the grant of immunity is the sole prerogative of the PCGG in consultation with the Solicitor General,” the PCGG said.

The PCGG stressed that the government decided to turn down the immunity proposal after careful assessment and evaluation of the case, where it was found to be “grossly disadvantageous” to the government.

Earlier, the solicitor general recommended to the PCGG the rejection of Tanenglian’s plea for immunity as it questioned the latter’s motives in offering himself as a state witness against his brother.

Solicitor General Agnes Devanadera pointed out that Tanenglian’s testimony would not in anyway help the government in prosecuting the ill-gotten wealth cases against Tan since it took him more than 20 years before making the offer.

In the draft of the “Immunity Agreement proposal,” Tanenglian vowed to cooperate with the government by providing information relevant to the ill-gotten wealth cases; by making admission in a pleading or submission of the existence, authenticity or due execution of documents or exhibits submitted by the republic; by executing an affidavit which contains the said information or admissions; and by making himself available as witness for the republic, if requested by the republic.

In exchange, Tanenglian proposed that PCGG grant him and his immediate family both civil and criminal immunity.

Tanenglian also wants to be dropped as a defendant in a civil case being pursued by the government and that all writs of sequestration, particularly his shares of stocks in the Lucio Tan Group of Companies, be lifted.

Aside from the ill-gotten wealth case, Tanenglian is facing child abuse and maltreatment cases filed by his former house maids. His wife and children are facing the same charges.