Friday

Civil Case 005: Calling A Spade

http://beta.bworldonline.com/main/content.php?id=901

Calling A Spade...
By Solita Collas-Monsod

Part 1

She says her husband owns 60% of the businesses. He says her husband does not. She proffers notarized deeds of assignment of shares of stock signed by him and his associates in favor of holding companies whose shares of stock are in turn assigned in blank (by the same parties), all of which are in her possession. He questions their authenticity.

"She" is Imelda Marcos, "he" is Lucio Tan (LT). They are co-defendants in Civil Case 005 in the Sandiganbayan, the charge of PCGG being that she and Ferdinand Marcos (FM), acting through their dummies, agents, and/or nominees in the persons of Lucio Tan et al. acquired beneficial ownership/interest in seven companies (including Asia Brewery, Fortune Tobacco, etc), "as well as the subsidiaries and companies which these operating ompanies have acquired or in turn invested in." And since the presumption is that the Marcos wealth is ill-gotten -- the Supreme Court having made judicial determination circa 2003 that the total lawful income of FM and Imelda from 1965 to 1986 amounted to P2,319.583.33 or $304,372.43 -- then obviously they must be made forfeit to the government.

The irony here is that Imelda, as mentioned above, has admitted such ownership, and in fact has filed a cross-complaint against her co-defendant LT, because, she claims, he refuses to turn over the relevant stock certificates despite her repeated demands for him to do so. She also claims that her husband’s acquisition of these properties was on the up and up (dispensing with all the legal verbiage).

The stakes are enormous: controlling interest -- 59%, to be accurate -- in the Lucio Tan group of companies, calculated by the PCGG in 1987 to be worth something in the neighborhood of P51 billion. To be sure, lawyers are not known for their numeracy, and I have yet to find out how they came up with that figure. But no matter how you cut that cake, the value of the equity, plus the accumulated (and uncollected) profits over the past 32 years, of that group of companies -- engaged in agriculture, construction, manufacturing (beer, tobacco), real estate development, and making additional corporate acquisitions -- would amount to, at the very least P100 billion by now. Lucio Tan is not reputed to be the second richest man in the Philippines (he used to be the richest, but either Henry Sy overtook him or is being more honest in his declarations) for nothing.

It is also no secret that Lucio Tan had no empire to speak of until Marcos came along. The question is whether the help that Marcos extended to LT’s businesses was impersonal/altruistic in nature -- in line with encouraging business in the Philippines -- or whether he had a vested, proprietary interest from the word go.

To shed light on that question, I offer for the reader’s delectation some documents supplied to me by Catalino Generillo, the lawyer who was kicked out from his job as special counsel to PCGG in Civil Case 005 because he committed the unforgivable crime (in the eyes of his bosses) of not only taking his work very seriously, but worse, looking like he might be successful.

The first document, reproduced below, reads as follows:

FORTUNE TOBACCO CORPORATION
March 26, 1977
MEMORANDUM for --
His Excellency
The President

Re: General Bank & Trust Company

We were advised today by the Central Bank that not later than 7:00 P.M. on Monday, the 28th instant, sealed bids to purchase all the assets and assumes (sic) all the liabilities of General Bank & Trust Company shall be accepted and open (sic). Among the required conditions are:

1) All bids must include a letter of commitment from a bank acceptable to Central Bank to secure the advances of the latter in the amount of approximately P310 million by means of a standby letter of credit.

2) The winning bidder shall then be awarded a commercial banking license to operate.

For the first requirement, we felt that within a very limited span of time (until Monday, the 28th instant), such a condition is extremely difficult to comply (sic) except perhaps if given at least 90 days to do so. While we are confident we can raise the funds within 90 days, may we request your Excellency for your valuable assistance to persuade the PNB to issue the letter required by the Central Bank. On the other hand, we are submitting to PNB a proposal to guarantee their exposure under the letter commitment in which they are adequately protected.

As a result of this new development, we intend to offer only P300 million for the equity portion. In accordance to the last Memo which I received from Mr. Ramon Orosa on this basis, the purchase is now a reasonable package.

(Signed) LUCIO TAN

* * *

Notice that LTs request is humongous. He wants the President to order PNB to issue a a standby letter of credit worth P310 million, and he wants it done over the weekend (the letter was written on a Saturday). But notice also, that at the end, LT seems to be reporting to the President that he is going to offer "only" P300 million.

Do you think that LT would dare to ask the President to act unless he knew that the President had a pecuniary, proprietary interest in the outcome? Or that the President would act on such a request unless he indeed had such an interest? Otherwise, what would it matter to the President that LT was intending to offer "only" P300 million for the bank?

And look what happens next:


PHILIPPINE NATIONAL BANK
March 28, 1977
Central Bank of the Philippines Manila
Attention: Mr. Amado Brinas, Senior Deputy Governor
Gentlemen:

At the request of and for the account of Messrs. Lucio Tan and Willy Co, we are pleased to advise that within 90 days and upon receipt of the advice of the Central Bank, the Philippine National Bank is prepared to establish a Standby Letter of Credit in favor of the Central Bank under such terms and conditions that will be approved by the Board of Directors and which are acceptable to the Central Bank to secure the commitments of Messrs. Tan and Co in connection with their bid to purchase the General Bank and Trust Company, as follows:

Amount : P310,000,000.00
Interest : 12% per annum
Repayment : Quarterly as to principal and interest


Very truly yours,
(Sgd) P.O. DOMINGO
President


* * *

LT writes FM on a Saturday, and the PNB sends the required letter on Monday. Obviously FM made the call and gave the order. PNB wouldn’t go out on a limb like that, and with such a fast response time. Can you imagine PNB approving a P310 million loan on the same day that it was requested? And by the way, Catalino Generillo brought out a witness, a former senior vice president of the PNB, who testified that at the time, the single borrower’s limit was P200 million. So the PNB, in accommodating FM and LT not only acted with the speed of light, but also broke the law. What’s more , the Central Bank let them do it!

But even more is to come: After LT won the bid for GenBank (now Allied Bank), the Central Bank deleted the requirement for an issuance of a standby letter of credit and accepted mortgages instead. It also extended the payment period from two years to five years. How about that for an extremely soft landing for LT/FM?

(To be continued)

Monday

Overpowering Stench

http://opinion.inquirer.net/inquireropinion/columns/view/20091030-233173/Overpowering-stench


By Solita Collas-Monsod
Philippine Daily Inquirer
Posted date: October 30, 2009


AS ONE DELVES DEEPER AND DEEPER INTO Sandiganbayan Civil Case 005 against 28 individuals and 40 corporations (including the heirs of Ferdinand Marcos [FM] and Lucio Tan and his corporations), the stench—of corruption, of betrayal, name it—becomes almost overpowering.

Briefly, the case was filed by the Presidential Commission on Good Government (PCGG) in 1987, charging among other things that Imelda Marcos and FM, acting through their dummies, agents, and/or nominees in the persons of Tan and other defendants, acquired beneficial ownership/interest in seven companies, namely (in alphabetical order) Asia Brewery, Dominion Realty and Construction, Foremost Farmers, Fortune Tobacco, Grandspan Development, Himmel Industries, and Silangan Holdings, and any subsidiaries and companies of these operating companies (presumably all of Tan’s business empire).

My understanding is that in her original answer sometime in 1991, Imelda did not deny that ownership, but averred that their acquisition of those corporations did not involve ill-gotten (unexplained) wealth. In any event, the case lay moldering as the plaintiffs amended the complaints, and the respondents answered and then amended their answers.

Then, in 2001, Imelda, in a document titled “Amended Answer with Counterclaim and Compulsory Cross Claim” brought the case to a new level: While still denying that any ill-gotten wealth was involved, she went into the details and extent of the Marcos holdings in the Tan companies.

To hear her tell it, FM had a 60-percent beneficial ownership in the above-mentioned companies, which interests were held in trust by Tan personally and through his family members and business associates who were recorded as stockholders of the companies.

Sometime in late 1980, ownership in these businesses were all consolidated in a holding company named Shareholdings Inc. with the stockholders of these companies exchanging their shares for shares in the holding company.

Shareholdings in turn, or rather its nominal stockholders—and this is how FM got his 60 percent, sometime in 1984—transferred/assigned their stocks to an ultimate set of holding companies: Basic Holdings, Supreme Holdings, and Falcon Holdings, with Basic getting 40 percent and Supreme and Falcon getting 60 percent. The nominal owners of the 60 percent of Shareholdings that went to Supreme and Falcon then executed and delivered to FM blank deeds of assignment.

Copies of these deeds of assignment were presented by Bongbong Marcos when he testified as a “hostile” witness at the Sandiganbayan.

Apparently, the reason why Imelda came out of the closet, as it were, and filed a cross-claim against Tan was that in spite of repeated demands from her, Tan never delivered the shares of stock to FM’s estate in accordance with the deeds of assignment. Who said there was honor among thieves?

But aside from those deeds of sale and assignment in Imelda’s possession (because the deeds of sale were notarized, copies were available at the National Archives—where Bongbong apparently got the certified copies), what other evidence was there to buttress her claim of ownership?

For that, one has only to look at the proprietary behavior on the part of FM in these companies—the amazingly short turn-around time between requests for FM’s intervention, and his action: would you believe one day? Three examples:

1. A letter, dated March 26, 1977 (a Saturday), from Tan to FM, regarding the purchase of General Bank and Trust Co (now Allied Bank). In it, Tan sends an SOS to FM, asking for his intervention in getting the PNB to issue a P310-million standby letter of credit in favor of the Central Bank (CB) as required by the latter. The bids for GenBank were to be opened the following Monday, and without that issuance, Tan would be disqualified. Aside from this request, Tan also mentioned how much his bid would be (whatever for, unless FM was part of it?). Result? On Monday, March 28, PNB president P.O. Domingo sent a letter to the CB signifying that PNB was prepared to issue the letter of credit in favor of the CB to secure Tan’s commitment. Action agad, right? How many bidders were disqualified for lack of that kind of backing? PNB’s single borrower limit at the time, by the way, was only P200 million.

2. A letter dated Jan. 11, 1982 from Asia Brewery to Trade Minister Bobby Ongpin, adverting to a letter written on Jan. 4 to FM which was endorsed to Ongpin, and which obviously Ongpin had not acted on. The letter to Ongpin had a marginal notation from FM, dated Jan. 12, addressed to CB Governor Jaime Laya and Customs Commissioner Ramon Farolan, to the effect that the request could be approved (exemption from duty and taxes for the importation of 60 million bottles).

3. A letter dated May 9, 1984 from Allied Bank (signed by Mariano Tanenglian and Romeo Co) to FM, asking that the Central Bank deposit $50 million with Allied Bank so that it could pay its Middle Eastern creditors. The marginal notation of FM was on May 10, addressed to CB Governor Jobo Fernandez—“I believe the proposal is acceptable.” This when the Philippines was in international debt crisis, and had hardly any dollar reserves. Marcos having proprietary interest in Tan’s companies? Is the Pope Catholic?

Please don’t tell me that that evidence is weak. Please don’t tell me that Tanenglian’s testimony would not have made the government’s case impregnable. The stakes? Sixty percent interest in the Tan empire. And yet the PCGG and the solicitor general are playing to lose.

Striving to Lose

http://opinion.inquirer.net/inquireropinion/columns/view/20091024-231975/Striving-to-lose

By Solita Collas-MonsodPhilippine Daily Inquirer
Posted date: October 24, 2009


MANILA, Philippines — I just watched for the first time a tape of Cheche Lazaro’s Aug. 15, 2007 “Probe” episode, featuring Civil Case 005 against Lucio Tan and the estate of Ferdinand Marcos. Speculation was rife at the time about a deal brewing between the Presidential Commission on Good Government and the Marcos heirs, fueled possibly by the fact that Catalino Generillo, then a special counsel of the PCGG, had subpoenaed Bongbong Marcos as a hostile witness in the case. That public speculation was baseless, as I have subsequently learned. It turns out that Generillo had a difficult time even getting the PCGG and the Office of the Solicitor General to approve the subpoena of Bongbong as a witness.

But let me not stray from the “Probe” episode. In it, Cheche showed interviews with PCGG head Camilo Sabio, with Generillo (who had been assigned the case since January 2007) and with former Sen. Jovito Salonga, the first head of the PCGG. What floored me was what Cheche said about Sabio: “’Nung tinanong ko sa kanya (Sabio) kung may ebidensiya, sabi niya na sinabi sa kanya ng mga dating abogado na humawak ng kaso ni Tan na walang ebidensiya ang gobyerno (When I asked him if there was evidence, he said that the former lawyers handling the case of Tan told him that the government had no evidence).”

Can you imagine, dear reader, the head of the government’s prosecution team in an ongoing P51-billion case (in 1987 pesos—this is the figure mentioned in the complaint), publicly admitting, for all to hear, including the defendants and the court, that the government had no evidence? And equally damning, can you imagine the one in charge of this important case virtually admitting that he knew nothing about it, but relied solely on the word of underlings? Does that sound like someone who has even the faintest desire to win?

No evidence? What rot. The PCGG had copies of the deeds of assignment and deeds of sale from Tan and his associates to companies (Shareholdings, Falcon, Supreme) that were owned by Marcos. But at the pretrial stage (it took almost 20 years for the case to reach trial), the defense apparently did not accept the authenticity of these documents because they were mere copies. And the PCGG left it at that—as did, apparently, the Sandiganbayan.

Until Generillo appeared on the scene and did a great deal of homework. For example, in 1998, Imelda Marcos had given a much-publicized interview to the Inquirer, in which she revealed that Ferdinand Marcos was the real owner, or a major stockholder of Tan’s companies. While Generillo’s predecessors may have not realized the value of that interview, Generillo, in going over the case files, did—and he used it as a basis for asking for the tape of the Inquirer interview, for copies of the reports based on that interview—and more importantly, for issuing a subpoena to Bongbong to shed light on the matter. The publicity surrounding that event was what led Cheche and her Probe Team to do those interviews.

I understand that when Bongbong did testify, he brought with him copies of those deeds of assignment and sale as supplied by his mother Imelda, in effect validating the PCGG documents. Why the pre-Generillo PCGG did not attempt to authenticate these documents in the imaginative way that Generillo did is anybody’s guess. Why did Bongbong give testimony that could be construed as damaging to the Marcoses? Because apparently, the Marcoses contend that the Marcos ownership of the Tan corporations is not because of unexplained wealth. But whatever the case may be, the fact is that his testimony certainly made the government case against Lucio Tan much stronger. And Generillo, as I previously wrote, was able to dig up documents from the archives, and from the Malacañang museum (such as the letters of Mariano Tanenglian to Marcos, asking for loans and exemptions), piling up a mountain of evidence.
Generillo remedied another PCGG omission and subpoenaed Salonga as a witness. What could Salonga’s contribution possibly have been? The “Probe” tape shows it: Salonga talked about how Lucio Tan, in the early days of the Aquino regime, offered a P500-million cash settlement for the case to be withdrawn (or not filed). President Corazon Aquino turned down the offer. Question: Why would Tan want to settle that large a sum if he was not guilty?

But the most glaring omission of the PCGG that Generillo caught and tried to remedy was that it totally ignored the admission of Imelda in her Amended Answer (to the complaint) that 60 percent of the Tan companies were owned by Marcos, with Tan as trustee. It also ignored the cross complaint filed by Imelda against Tan for the recovery of those shares. This, by the way, occurred way back in 2001.

Generillo was assigned to the case in January 2007. The next month, after reading the case files, he filed a motion in the Sandiganbayan for a summary judgment on the case. After all, what was there left to try, when the defendant admitted this crucial relationship? Alas, the Sandiganbayan turned it down. Undaunted, Generillo filed a motion for reconsideration—which after 20 months, has still not been decided. But I will leave the Sandiganbayan’s role in this sorry affair for a later time.

Generillo was getting too successful. He was fired. Tanenglian’s testimony would have been the final nail on the coffin of Tan’s assertion that Marcos had no share in his corporations. His offer to testify was turned down.

The whole thing stinks.

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.

Wednesday

We Love Lucio

http://www.pcij.org/imag/Media/luciomedia2.html

IT’S NOT AS if Tan were a welcome bovine in many a media company’s pastures, and in truth ABS-CBN and the Star are not the only ones to feel his presence. As some insiders tell it though, there simply was no stopping him when he came lumbering confidently through the corporate gates, often with a considerable number of company shares on his back. At least that’s how it was with ABS-CBN, which found Tan in possession of 20 million shares of the publicly listed Lopez-owned radio and television network. Tan had bought the shares in 1996 through his Allied Banking Corporation. Having them means Tan now owns three percent of the country’s largest broadcast company, bringing him close to a board seat beside mall magnate and fellow taipan Henry Sy.

The difference, says an ABS-CBN source, is that Sy was invited to join the ABS-CBN board while Tan was not. The SM owner has a cinema business thought beneficial to ABS-CBN’s movie production outfit Star Cinema. Tan, in contrast, had no deal to offer the Lopezes. Even worse, says the source, he was feared to tarnish the network’s good standing with his reputation as a tax evader.

The case of the Star, the third most widely circulated broadsheet in the country, is rather different. When its late publisher Betty Go-Belmonte was trying to get the paper off the ground in the 1980s, Tan is said to have generously lent her part of the cash she needed. “I owed him money,” Monsod recalls Belmonte telling her once, “but I paid him back.”

According to Monsod, Belmonte had also assured her of complete independence in writing her columns, “but when she died, things changed.” Monsod apparently finds some connection between the way she was treated and the fact that Star publisher Max Soliven also happens to be publisher and chairman of the board of Eastgate publishing, the group that produces PAL’s inflight magazine Mabuhay. That, harrumphs Monsod, is a clear case of conflict of interest.

Tan reportedly owns shares in the paper through a trustee. He is also believed to be part-owner of the Philippine Post, a new broadsheet said to have been funded by Finance Secretary and known Tan fan Edgardo Espiritu. But the newspaper that he has long been rumored to have more than a minority interest in is Today, the slick daily run by lawyer and television host Teddy Locsin Jr. Rumors regarding the alleged real owners of the paper began circulating as early as Today’s start-up stage, when a Tan-owned company was revealed to be its major supplier of state-of-the-art computers.

Such ownership talks have persisted to this day, although until recently they were confined in media circles. At the peak of the flak over PAL, however, the matter resurfaced in Today’s own op-ed section. “As far as I know,” labor leader Popoy Lagman, then supporting the PAL unions, wrote in a letter to the editor, “the P30 million he (Teddyboy) received from Tan was gratis. Hence, he has no obligation to become Tan’s slave.” Locsin countered with the charge that Lagman was secretly playing both sides and that Tan had given the former rebel P20 million and a car to persuade the PAL employees to end the strike. Interestingly enough, the sharp-tongued Locsin neglected to deny the insinuation that Tan’s money had helped start Today.

But perhaps only Lucio Tan himself knows for sure which media outfits he has money in. The personnel of one of the country’s top five AM radio stations say they had no inkling Tan had some business interest in their station until they began hitting the magnate during the PAL fiasco. Somehow, the station owners were reminded that Tan had bailed them out during a financial crisis in the 1980s, and that he was therefore a business partner—a very silent one, but a partner nonetheless. The result, says one station insider, is that management simply refused to air any Tan or PAL-related news in the week the controversy was raging.

Another radio station that can be called Tan-friendly is DWWW. The station was originally owned by the family of veteran newscaster Tina Monzon-Palma, but acquired by Bacsal a few years ago. Bacsal, who says he is “connected” with Fortune Tobacco but declines to be more specific, insists Tan has no interest in the venture.

To Lucio Tan’s close friends and associates, most of his investments in media, admitted or not, are mere manifestations of the taipan’s generosity. “Alam mo kasi nung araw, maraming taong nangangailangan ng pera, uutang sa kanya, pag hindi nabayaran, equity na lang (You know in the old days, a lot of people who needed money would approach Lucio Tan for loans. When they couldn’t pay him back, he just writes off the debts as equity)!” says retired Gen. Salvador Mison, president of Basic Holdings Corporation, which manages several Tan companies.

As his friends see it, it is hardly Tan’s fault that his being big-hearted has earned him an equally generous share of defenders in the media. Jake Macasaet, publisher of Ang Pahayagang Malaya, told a U.S. journalist during an interview three years ago, “I maintain that he (Lucio Tan) is a persecuted businessman.”

But Tan’s associates and friends may be downplaying the effects of his presence, financial and otherwise, in media outfits. Says a public relations practitioner who deals with newspaper reporters and editors: “I have to tread my way carefully through every paper other than BusinessWorld because Lucio Tan has a person protecting his interests in most every paper, except perhaps BusinessWorld.”

If the PR practitioner is correct, then that may explain why most newspapers had refused to air anti-Tan stories when the airline was in distress. Then again, it could also have been due to the fear of getting dragged off to court, a very costly risk to take for dailies, many of which were themselves not doing much better than PAL. The one paper that did run stories on Tan and PAL, the Philippine Daily Inquirer, ended up as the respondent in a P100-million libel suit filed by the billionaire himself last September. The paper had headlined a story saying Tan bled the airline dry and made P25 billion in the process. The case was dismissed by the Makati regional trial court on February 16.

Today columnist Dan Mariano, however, maintains that in general, “PAL has been getting sympathetic coverage from the press.” He points out that the airline actually maintained friendly ties with the media long before Tan came into the picture. For years, PAL made it a practice to regularly give free tickets to print reporters, editors and publishers and broadcast personalities. Newspapers also rely on PAL to bring their copies to the provinces. Concludes Mariano: “No wonder then that whenever PAL employees go on strike, many news organizations are inclined to portray them as villains.”

Unfortunately for Tan, the good press didn’t seem to do him much good. A survey conducted by the Social Weather Stations (SWS) last year found Lucio Tan to be infamous—four out of five adult Filipinos know him, but he is more distrusted than trusted by the public. Wrote SWS director Mahar Mangahas: “From this it would seem that the media persons recently named by labor leader Filemon ‘Popoy’ Lagman as being on Lucio Tan’s payroll have been ineffective—though another possibility is that those in the so-called envelopmental media have at least kept Mr. Tan’s trust rating from getting even worse.”

BUT MORE visible and effective than ownership or an intimate relationship with the press is the clout Lucio Tan wields by practically subsidizing the media, thanks to the numerous ad placements of his companies. Tan’s firms are among the country’s top advertisers. In 1996 alone, his top three companies—Asia Brewery, Tanduay Distillery and Fortune Tobacco—altogether plunked down almost a billion pesos in media advertising. A year later, just when the economic crisis began, the figure jumped to P1.621 billion.


The bulk of Tan’s advertising money is spent on radio and television, the media most relied upon to reach the targets of his consumer products, the masa. For airing commercials of Hope, Winston, Champion, More and Mark cigarettes, Fortune Tobacco paid the television industry nearly P600 million in 1997, and the radio industry almost P400 million. In contrast, Fortune spent only P17.55 million for print ads.

Tan’s ad money is spread out to various television and radio stations, and following industry practice, is placed in programs which are most watched by consumers. His managers are said to report directly to a committee—chaired by Tan himself—which has made it a policy to underwrite only programs considered Tan-friendly.

These managers deal directly with the sales departments of broadcast stations, the units that sell airtime to clients. The managers also monitor whether the advertisements come out and whether the program over which it is aired did not make any derogatory remark about the product or the client himself, i.e. Tan. Hence, when Korina Sanchez read aloud that Lucio Tan was a tax evader in 1996, Fortune Tobacco executives immediately pulled their ads out of her program. Sanchez can only call it “pure blackmail and harassment.”

Unlike other networks, the giant ABS-CBN could probably afford to let go of the Tan account because several others are waiting in line to fill its slot. But it’s a sizable account nonetheless; in 1998, the network earned P98 million from advertisements placed by Tan-owned companies in Channel 2 alone, not counting radio station DZMM.

It really isn’t the big companies like ABS-CBN that are most affected by pressure from advertisers, but rather the smaller broadcast stations and outfits that jostle for the advertising crumbs thrown away by the big boys. But even the mid-size stations are bound not to pass up any advertising revenue, especially in times of crisis.

A major broadcast network has developed a modus vivendi as far as Lucio Tan is concerned. “There are stories about Lucio Tan you really can’t kill,” says a TV news executive connected with the network. But rather than get annoying calls from Tan’s minions, the station has come up with the policy that “if we’re running a story on Lucio Tan, we pull out his advertisement from that program and put it elsewhere.”

“Mr. Tan has all the right to withdraw his sponsorship of a program if he’s being attacked! ” Mison declares. “Can you imagine listening to a news program that calls Mr. Tan a tax cheat, then it’s brought to you by Tanduay Rhum? You’re paying for that program and then you’re being attacked in that program! Hindi tama (It’s not right)!”

To be fair, there are other advertisers who would not hesitate to use their business clout to whip the media into line. For years, the weekly magazine show ‘The Probe Team’ earned considerable income producing “The Good News,” a regular segment on successful entrepreneurs sponsored by another major broadcast advertiser, Philippine Long Distance Telephone Co. (PLDT). But when ‘Probe’ producers did a story on rival Bayantel and the sorry state of phone services in the country, PLDT immediately withdrew its ads from ‘Probe.’ The PLDT account was small but substantial enough for an independent outfit like Probe, which competes with the established and station-produced programs for revenue. But that was three years ago and time seems to have healed the rift. ‘Probe’ will soon be producing “The Good News” for PLDT again.

Lessons like this teach broadcast journalists especially to be shallow and sensationalistic. Rather than make insightful inquiries into the country’s economic problems and consumer woes that might offend advertisers, television and radio news programs encourage safer stories that deal with sex, crime and entertainment. Many years ago, Fortune Tobacco took ABC Channel 5 to task for airing, on a Fortune-sponsored news bulletin, a story on the harmful effects of smoking. Nowadays, the company would rather subsidize “harmless” ventures like sports news or late night movies than serious news programs.

Pressure from advertisers has also fostered self-censorship among broadcast journalists. A managing editor in an AM radio station says it’s not uncommon for reporters to first check with bosses before covering touchy stories involving big advertisers. Once they hear the advice, “Pare, may account yan(That one has an account)!” they retreat.

In television news and public affairs, executives warn correspondents to stay away from stories that might offend patrons. A story on the cattle industry and the country’s beef supply, no matter how harmless, might anger a major fast-food chain. A report on bottled water may irk a water company, or even the water utility. And the worries go on.

Offending advertisers—any advertiser, really—could be costly. In Lucio Tan’s case, the flight of Fortune Tobacco could mean millions of pesos in potential revenue, plus triple jeopardy. Not one but at least two other major Tan account could go down with it.

Now with Tan rumored on a buying binge—he is supposedly interested in acquiring businesses that include Meralco and Mimosa, PNB and Petron—there may be even less room for journalists to maneuver. Big Brother may truly have arrived.

There’s a postscript to this report. Sometimes, sensitive stories have a way of turning up in the most unexpected places, no matter how hard a reporter avoids it.

As the rest of the country greeted 1999 with fireworks, ABS-CBN reporter Mike Cohen was seated on the steps of the Guesthouse in Malacañang, waiting for a story to take home for his early morning program, ‘Alas Singko Y Medya.’ Earlier, he had gotten clearance from Palace guards and staff to be there for a story about a presidential son who had just moved into Malacañang. Upon arriving there, he was told the First Family was having New Year’s eve dinner with the closest of the president’s friends—the inner circle. And so Cohen and his crew waited.

The party apparently broke up shortly past 2:00 am of January 1, and the First Family was seeing its guests to the door. Who would appear but Lucio Tan with a tipsy President Joseph Estrada whom Cohen overheard telling the tycoon: “Pare, don’t worry about your problems. This year will be better.”

Cohen had no idea what those problems were and probably couldn’t care less. For moments later, his thoughts were on trying to get out of the place fast. The president had seen Cohen and his camera crew recording the whole thing. Estrada’s amiable countenance changed, recalls Cohen, and after Tan left, the visibly furious president demanded that they turn over the tape to him at once. “He was really upset,” says Cohen. “My only thought was on getting out of there alive. What if he hit me?”

Estrada reached down to yank the tape out of the camera himself, and he may be the only one who knows what Cohen and his crew caught on camera that New Year’s morning. But it sent yet another message to media: taipan Tan’s clout goes all the way to the top.

Saturday

About Face

http://opinion.inquirer.net/inquireropinion/columns/view/20091010-229286/About-face

By Solita Collas-Monsod
Philippine Daily Inquirer
First Posted 02:09:00 10/10/2009


THE PRESIDENTIAL Commission on Good Government, apparently obeying the recommendations of Solicitor General (also Justice Secretary) Agnes Devanadera, announced that it had turned down the offer of Mariano Tanenglian to turn state witness against his brother Lucio Tan in exchange for immunity from suit.

The news report on Wednesday, October 7, caught me by surprise, because the day before, I had received a call from PCGG Commissioner Ricardo Abcede, inviting me to lunch with his colleagues so that they could “explain our side.”

I nixed the lunch, but before I agreed to meet them at the PCGG office next week, I asked him categorically whether the PCGG was going to accept Tanenglian’s offer or not. And his answer was a categorical “Yes.” Which was a pleasant surprise, and I even congratulated him on their independence.

I called Commissioner Abcede up on Friday noon and asked him why the about-face in his answer to me. He replied that he didn’t think that he answered me in the affirmative.

Now I have my senior moments, but I don’t think that I would have congratulated him if he had said the PCGG was accepting Devanadera’s recommendation. I wonder what he thought I was congratulating him about.

In any case, the Inquirer news report quoted Abcede as saying that the conditions set by Tanenglian, particularly his request for immunity from suit, were “disadvantageous to the government”; “If he wants to testify, he should not set any conditions”; and “They are brothers. What if he suddenly changes his mind and turns his back on us? What then?”

And finally, just in case those arguments weren’t convincing enough, Abcede stated that Tanenglian’s offer “might already be too late” because the Sandiganbayan had already decided it would no longer hear testimony from government witnesses.

My column last week made short shrift of the “disadvantageous to government” argument (ridiculous -- the Office of the Solicitor General had itself said, before Devanadera got into the picture, that Tanenglian’s testimony would fortify the government’s case); and that the what-if-he-changes-his-mind-and-turns-his-back-on-us argument (draft agreement --paragraph 5) provided that in such a situation, the agreement would be deemed revoked. So what about the other two statements of Abcede?

“If he wants to testify, he should not set any conditions.” Excuse me. Does anyone in his right mind expect that Tanenglian, or anyone else for that matter, will give self-incriminatory testimony without the protection of immunity from suit? That is precisely what a grant of immunity is all about.

Moreover, the draft immunity agreement that was discussed by Tanenglian’s lawyers and the OSG/PCGG is almost a replica of the immunity agreement that was entered into between Placido Mapa Jr. and the PCGG -- an agreement that was upheld by the Supreme Court.
Tanenglian wasn’t asking for any more than was granted to Mapa.

And while we are clearing the air, it should also be stated that Tanenglian’s lawyers claim that it was the OSG/PCGG which had initially approached Tanenglian about his turning state witness -- this because of the much-publicized and evidently acrimonious breakup between the brothers Lucio and Mariano.

I tend to believe this claim because, sometime in May, I called up Solicitor Mauricia Dinopol, and in the course of our conversation, asked her point blank whether the OSG was making any move to get Tanenglian to be a state witness, and she answered in the affirmative, saying that they were trying to set up an appointment with his lawyers. Which is why I held off writing about the case.

And indeed, discussions took place: On June 1 at the Makati office of the OSG (with Solicitors Dinopol, Lim, Madamba, whose sincerity I have as yet no reason to doubt) where the offer of immunity was made in exchange for Tanenglian’s testimony; again on July 8 with the OSG and a representative of the PCGG, where Tanenglian, through his lawyers, agreed to testify in exchange for the immunity offer (the reaction to that offer on the part of the government representatives was described as “ecstatic” and “euphoric,” and again one can understand why); and finally on July 13, this time with the PCGG commissioners in full force (Chair Sabio, Abcede, Javier and Nario) and with Lim and Madamba for the OSG.

At that July 13 meeting where the mood was described as “exhilarated” and “elated,” the draft immunity agreement (modeled after the Mapa agreement) was presented and reached in principle, subject only to the official opinion of the OSG. Everyone also agreed that time was of the essence.

Does that sound as if anyone thought that the government would be disadvantaged? Please. And yet, after it reached Devanadera’s desk, there was this long, unexplained wait -- until her recommendation came out: reject the offer.

And then the PCGG comes out and also rejects the offer. I feel for the professionals at the OSG and PCGG who worked so hard to get Tanenglian on their side.

Finally, Abcede’s excuse/justification that anyway, it may be “too late” because the Sandiganbayan already closed the door to additional testimony, is the lamest of all. That court order came about sometime in April.

So if it were “too late,” why did any of the discussions with the Tanenglian camp take place at all? It means that the professionals in the OSG and the PCGG must have thought that they could handle that obstacle. Until their higher-ups intervened.

Again, I ask: What is President Macapagal-Arroyo going to do about this?

Wednesday

PCGG thumbs down offer of Lucio Tan’s brod

PCGG thumbs down offer of Lucio Tan’s brod
By Philip Tubeza
Philippine Daily Inquirer
First Posted 09:20:00 10/07/2009

http://newsinfo.inquirer.net/breakingnews/nation/view/20091007-228793/PCGG-thumbs-down-offer-of-Lucio-Tans-brod


MANILA, Philippines—The Presidential Commission on Good Government (PCGG) yesterday turned down the offer of Mariano Tanenglian to testify against his estranged brother, business tycoon Lucio Tan, in a Marcos ill-gotten wealth case.

PCGG Commissioner Ricardo Abcede said the conditions set by Tanenglian, particularly his request for immunity from suit, were “disadvantageous to the government.”

“If he wants to testify, he should not set any conditions,” he said.

“They are brothers. What if he suddenly changes his mind and turns his back on us? What then?” Abcede said.

Abcede said Tanenglian’s offer “might already be too late” because the Sandiganbayan anti-graft court had already decided that it would no longer hear any testimonies from government witnesses in the 20-year-old case.

Tanenglian is one of the respondents in the case, which is related to the Marcoses’ alleged stake in Lucio Tan’s companies.

Earlier, the Office of the Solicitor General (OSG) had advised the PCGG to turn down the proposed immunity agreement with Tanenglian.

In a nine-page memorandum to PCGG Chair Camilo Sabio, Solicitor General Agnes Devanadera said the proposed agreement would be “grossly disadvantageous” to the government.

“Up to this time, Tanenglian has not given the PCGG any new information that could perhaps further strengthen the republic’s case...he merely relies on documents already available to the republic,” Devanadera said.

Devanadera said there was also no certainty that Tanenglian would provide useful information at all.

Tanenglian offered to turn government witness in exchange for being dropped from the list of respondents in the case.

He also wanted immunity in connection with other cases related to the Lucio Tan group of companies.

Sunday

Tortured claims

http://opinion.inquirer.net/inquireropinion/columns/view/20091003-228103/Tortured-claims

Tortured claims

By Solita Collas-Monsod
Philippine Daily Inquirer
First Posted 04:22:00 10/03/2009

SO NOW it is all out in the Open.

IT’s in this column two weeks ago, I stated that the government didn’t seem to want to win its Sandiganbayan Civil Case 005 against 29 individuals (including Ferdinand Marcos, Imelda Marcos, Lucio Tan and Mariano Tanenglian) and 40 corporations (including Tan’s flagship corporations). Why? Because, among others, it was dragging its feet in offering immunity to Mariano in exchange for his turning state witness against his brother Lucio. Mariano and his lawyers had actually gone to the Sandiganbayan, asking it to compel the Presidential Commission on Good Government (PCGG) to act on the deal which was on the table.

Let us make no mistake. Tanenglian’s testimony on business deals and other transactions between Tan and Marcos would certainly strengthen (beyond all legal machinations) the case against Tan, confirming as it would, Bongbong Marcos’ testimony on the matter, as well as the documentary evidence that PCGG lawyer Catalino Generillo had painstakingly put together (before he was fired by the Office of the Solicitor General). After all, Tanenglian was known as Lucio’s right hand man for over 40 years and the treasurer of all the Tan corporations, until a rift between the brothers occurred early this year. (Tanenglian was prevented from entering corporate offices and removed from all his board memberships.) Tanenglian knows where all the bodies are.

In other words, Tanenglian’s testimony, in exchange for immunity, offers the best and strongest chance the government would ever have of winning a case against Tan. (It has lost all others.)

All these considerations, however, seem to have carried no weight with Solicitor General Agnes Devanadera. In fact, two days after my column came out, the newspapers reported that in a legal opinion sent to the PCGG, she had recommended that Tanenglian’s “application for criminal and civil immunity” be rejected by the PCGG.

How can anyone justify turning her back on this golden, almost heaven-sent opportunity to take advantage of the Tan consigliere? That’s not how Devanadera looks at it. She wants the deal “rejected outright.” Why? From what can be gathered from the news reports, firs t, she claims that the deal will be grossly disadvantageous to the republic, because, among other things, while Tanenglian obliges himself to provide useful information once the immunity agreement is executed, there is no certainty that he will provide useful information at all, and yet the case against him will be dropped and any sequestration or lien on his property will be dismissed. (NB: I am informed that the draft agreement between Tanenglian and PCGG was patterned after the latter’s agreement with Placido Mapa Jr. –both provide for the revocation of the immunity if the terms are not complied with.)

She also claims that Tanenglian’s motives for turning state witness are obscure, and she suspects that the proposed grant of immunity may be used by Tan and the other defendants, in connivance with Tanenglian, to protect their shareholdings by transferring their shares of stocks in favor of Tanenglian, so that the shares will now be out of the government’s reach. But in almost the same breath, she also says that she doesn’t want the government to get entangled in the crossfire between the two “warring” brothers.

And then, she opines amid all this that Tanenglian’s admissions would have “zero credibility” since they are coming out after more than 20 years, and it would be better for the republic to rely on Bongbong.

The last time I saw such tortured, tenuous claims from her was when, as acting justice secretary, she overruled her prosecutor—with unseemly haste—and found that there was probable cause to file murder charges against Louie Gonzalez because the Makati Medical Center, where Louie was confined under restraints on the night of the murder, was 15 minutes from the murder scene, and it was “not impossible” for him to have done it.

But let’s leave the merits (or lack of them) of her Tanenglian opinion, and turn our attention to certain glaring inconsistencies between her stand and that of her underlings.

Number one, why did the OSG itself, in a motion for reconsideration to the Sandiganbayan last May, manifest that the testimony of Mariano Tanenglian, among other witnesses, was “essential to fortify its (plaintiff) claims and to give the Honorable Sandiganbayan a well-informed set of facts to serve as basis for its ruling on the case”?

Number two, why did the OSG, through Associate Solicitor Anthony Lemuel T. Lim, contact Tanenglian’s lawyers and inquire about the possibility of his being a state witness?

Number three, why did Lim, State Solicitor Mauricia Dinopol and Assistant Solicitor John Emmanuel Madamba meet in their office with Tanenglian’s lawyers; with subsequent meetings on July 8 and July 13, where an agreement in principle was reached, subject only to the formal OSG opinion?

What those three events suggest is that Devanadera’s underlings were very eager to get Tanenglian as state witness. They wanted to win. But then, along comes Devanadera, overturning their plans at the last minute, and coming out with a convoluted legal opinion to justify her actions.

Which all leads to my last two questions: Why does Devanadera want to lose the case against Tan? And what is President Macapagal-Arroyo going to do about it? I’d ask the justice secretary first, of course, but that would be Devanadera too.

Tycoon's offer to testify vs brod junked!

Tycoon's offer to testify vs brod junked!

http://www.journal.com.ph/index.php?issue=2009-09-21&sec=1&aid=103415

By: Hector Lawas

SOLICITOR General and concurrent Justice Secretary Agnes Devanadera has turned down the offer of Filipino-Chinese billionaire Mariano Tanenglian to turn state witness in the ill-gotten wealth case against his estranged brother, tycoon Lucio Tan, and several others, saying his motive was obscure and his request for immunity is grossly disadvantageous to the government.

The Office of the Solicitor General has transmitted to the Presidential Commission on Good Government (PCGG) its recommendation to reject Tanenglian’s conditional offer.

In a nine-page memorandum to PCGG Chairman Camilo Sabio, Devanadera stressed that Tanenglian’s offer to turn his back against Tan is dubious and questionable since the siblings are now entangled in a bitter personal dispute that has already reached the halls of courts.

Devanadera added that the government does not want to get entangled in the crossfire between two warring brothers. She explained that Tanenglian’s offer “would serve no useful purpose” for the government, especially that “such admission would have zero credibility in light of the considerable delay of more than 20 years before he comes out with it.”

“Looking at the instant draft Immunity Agreement, it appears there are matters of critical concern and consideration that negate its approval and execution. In view of the foregoing, the undersigned (Devanadera) respectfully recommend that the draft Immunity Agreement be rejected outright,” the chief state lawyer said.

In the draft of the “Immunity Agreement proposal,” Tanenglian offers to cooperate with the government by providing information relevant to the case and by making himself available as witness for the republic, if requested by state prosecutors.

In exchange, Tanenglian urged the PCGG to grant him and his immediate family civil and criminal immunity. He also asked to be dropped as a defendant in a civil case being pursued by the government and the lifting of all writs of sequestration, particularly his shares of stocks in the Lucio Tan Group of Companies.

“Tanenglian wants to be dropped as a defendant in Civil Case No. 005; that any sequestration, lien and encumbrance on his property, particularly his shares of stocks in the corporation subject of the suit be lifted; and that the government’s claims on said property be dismissed with prejudice,” the Solgen noted.

Devanadera cited past Supreme Court, 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, Devanadera noted that he “was even a treasurer in some of the corporations” and is “named principal defendant who… actively collaborated with the Marcoses in the accumulation of ill-gotten wealth.”

She also pointed out that in the past, immunity was only given to alleged cronies of the late President Ferdinand Marcos where the recipient spontaneously cooperated with the government and gave material information before the execution of any compromised agreement.

“In contrast, up to this time, Tanenglian has not given the PCGG any new information that could perhaps further strengthen the Republic’s case. He merely relies on documents already available to the Republic. While he obliges himself to provide useful information once the Immunity Agreement is executed, there is no certainty whether he will provide useful information at all. This being so, the proposal of Tanenglian is grossly disadvantageous to the Republic,” the solicitor general said.

“We can better rely on the veracity of Ferdinand “Bongbong” R. Marcos, Jr.’s voluntary testimony for the Republic, sans immunity or any concession of some sort, having seen or identified these vital documents,” she added.

In doubting the motives of Tanenglian in offering himself as government witness, Devanadera said, “Tanenglian’s motives are obscure. If Tanenglian is only protecting his existing interest in the Lucio Tan Group of Companies, then why does he need to execute an Immunity Agreement if, in the opinion of his counsels, the prosecution in Civil Case No. 005 is weak. The inference that can be made from such actuation is that either the evidence for the prosecution is strong or she may only just use the agreement against Lucio Tan.”

Also, Devanandera doubted the real motive of Tanenglian, saying the proposed special grant of immunity may be used by Lucio Tan and the other defendants, in connivance with Tanenglian, as a scheme to protect their shareholdings by transferring their shares of stocks in favor of Tanenglian.

“Once this scheme is materialized and the republic succeeds in Civil Case No. 005, the fruits of victory would not be reaped since there will be no property that could be reached by the writ of execution. Any success in the instant case might result to an empty victory,” she said.

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 docketed as Civil Case No. 005 has dragged on for more than 20 years.

The prosecution alleged that Ferdinand Marcos had 60 percent 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.

Thursday

Lucio Tan continues to block brother’s testimony

http://newsinfo.inquirer.net/breakingnews/nation/view/20090930-227716/Lucio-Tan-continues-to-block-brothers-testimony

Lucio Tan continues to block brother’s testimony

By Edson C. Tandoc Jr.
Philippine Daily Inquirer
First Posted 19:22:00 09/30/2009

MANILA, Philippines—Businessman Lucio Tan on Wednesday moved to block an attempt by his estranged brother Mariano Tanenglian to turn state witness in the government’s forfeiture case against the two of them.

Tan also accused private lawyer Catalino Generillo of "intimidation." The attorney had said he would present documents he was still keeping if Tanenglian was allowed to testify.

After 20 years, the Sandiganbayan antigraft court has ordered the government to rest its case, rejecting on July 13 the prosecution’s appeal for more time to present evidence. However, Tanenglian asked the court to reopen the trial to allow him to testify against Tan.

The government seeks to prove that Tan’s assets formed part of the ill-gotten wealth of the Marcoses.

Tan and Tanenglian are at odds over personal andbusiness reasons.

Tanenglian is also a defendant in the case, but he offered himself as a witness against his brother in exchange for immunity. When the Presidential Commission on Good Government did not act on his offer, Tanenglian asked the court three weeks ago to order the PCGG and the Office of the Solicitor General to resolve the matter.

When the OSG announced more than a week ago it was rejecting Tanenglian’s offer, his lawyer Emilio Quiroz told the Inquirer that Tanenglian would take his appeal to Malacañang.

In his opposition filed with the 5th Division on Wednesday, Tan said the court should deny Tanenglian’s motion and leave the matter to the PCGG and the OSG.

Tan said his brother’s motion was “officious" and constituted "undue interference" in the way the government chose to prosecute its case.

Tan also questioned why Generillo, a former OSG lawyer who was taken off the case, continued to hold on to documents despite the government’s demand that they be returned.

Generillo claimed he had intellectual property rightsover the documents despite a court order to return them to the OSG. He said he was willing to present the documents with Tanenglian’s testimony.

Since Generillo was no longer involved with the prosecution, “the statement is not only officious but a brazen form of "intimidation," Tan said.

Wednesday

OSG rejects Tanenglian’s request to turn state witness

OSG rejects Tanenglian’s request to turn state witness

Monday, 21 September 2009 00:00


THE Office of the Solicitor General (OSG) has rejected the application of businessman Mariano Tanenglian to turn “state witness” against his brother, business tycoon Lucio Tan, and several others in connection with the ill-gotten wealth cases filed against them by the Presidential Commission on Good Government (PCGG). In a nine page memorandum, Acting Justice Secretary and concurrent Solicitor General Agnes Devanadera recommended to Commission Chairman Camilo Sabio to immediately reject Tanenglian’s “immunity agreement proposal” for being “grossly disadvantageous to the Republic.”

The Office of the Solicitor General made the recommendation after the Commission legal department director J. Ermin Ernest Louie Miguel sought the Devanadera’s opinion on the matter in a letter dated July 13, 2009.

In the same recommendation, Devanadera also said that the businessman has “obscure motives” and the cooperation he offered “would serve no useful purpose” for the government, especially that “such admission would have zero credibility in light of the considerable delay of more than 20 years before he comes out with it, and on the occasion of the eventful rift with his co-defendant Lucio Tan.”

“Looking at the instant draft Immunity Agreement, it appears that there are matters of critical concern and consideration that negate its approval and execution . . . In view of the foregoing, the undersigned [Devanadera] respectfully recommend that the draft Immunity Agreement be rejected outright,” the Solicitor General chief said.

Under the said agreement, Tanenglian would testify against his brother and other accuse and provide as well the government, among others, with information relevant to the case.
In exchange, Tanenglian proposed that the Presidential Commission on Good Government grant him and his immediate family both civil and criminal immunity and he should be dropped as well as a defendant in a civil case being pursued by the government.

Tanenglian also asked that all the writs of sequestration, particularly his shares of stocks in the Lucio Tan Group of Companies, be lifted.

Devanadera pointed out 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.”

Devanadera also warned that the proposed special grant of immunity may be used by Tan and the other defendants, in connivance with Tanenglian, as a scheme to protect their shareholdings by transferring their shares of stocks in favor of Tanenglian.

Three’s a crowd, four is competition

Three’s a crowd, four is competition

http://business.inquirer.net/money/topstories/view/20090923-226490/Threes-a-crowd-four-is-competition

Philippine Daily Inquirer

First Posted 02:10:00 09/23/2009


Kapitan never sells. Ever.


IT’S LONG BEEN rumored that tycoon Lucio Tan is considering selling flag carrier Philippine Airlines because of the losses it incurred from costly fuel hedges contracted when global oil prices were at record levels. In fact, San Miguel president Ramon Ang is rumored to be a potential buyer.


But the rumors turned out to be false.


PAL president Jaime Bautista told reporters in a recent interview that the “Kapitan” doesn’t even know how to sell, when it comes to his prized assets (read: Why would the country’s second richest man need or even want to sell what he considers to be valuable?).


But Bautista says PAL is not closing its doors to getting a potential foreign strategic partner. Long ago, there were reports that PAL may sell a minority stake to foreign investors.


Bautista said that, in the past, there were talks with the likes of Cathay Pacific and Singapore Air. But all that talk turned out to be nothing but hot air. Doris C. Dumlao

PNB, Security Bank surge

OVER THE LAST few weeks, shares of PNB and Security Bank had attracted interest in the stock market, driven by separate merger and acquisition (M&A) stories.


PNB, for its part, is said to be benefiting from expectations that the merger with Allied Bank may finally happen soon.

Allied is said to be close to selling its stake in San Francisco-based Oceanic Bank—a prerequisite laid out by US banking regulators before clearing the merger.

Some traders said PNB had been trading at a huge discount to book value for two reasons: the sibling rivalry between Lucio Tan and Mariano Tanenglian; and the merger of PNB and Allied Bank which appears to be taking a thousand years to settle.

But now, investors are taking a second look at the stock given its much improved fundamentals.
Security Bank is believed to be the only local player (although there may be some foreign competition) now left in the running for PBCom, where a controlling stake is on the block.
Financial Adviser Macquarie is mandated to complete the PBcom sale before year’s end. Doris C. Dumlao

PCGG urged to nix deal with Lucio Tan brother

PCGG urged to nix deal with Lucio Tan brother

http://newsinfo.inquirer.net/breakingnews/nation/view/20090921-226217/PCGG-urged-to-nix-deal-with-Lucio-Tan-brother

By Norman Bordadora
Philippine Daily Inquirer
First Posted 07:16:00 09/21/2009


MANILA, Philippines—The Office of the Solicitor General (OSG) wants the Presidential Commission on Good Government (PCGG) to turn down a proposed immunity agreement with Mariano Tanenglian in exchange for his testimony against his estranged brother, tycoon Lucio Tan, in a Marcos ill-gotten wealth case.

In a nine-page memorandum to PCGG Chair Camilo Sabio, Solicitor General Agnes Devanadera said the proposed agreement would be “grossly disadvantageous” to the Philippine government.
“Up to this time, Tanenglian has not given the PCGG any new information that could perhaps further strengthen the republic’s case. He merely relies on documents already available to the republic,” Devanadera said.

Devanadera said there was no certainty that Tanenglian would provide useful information at all despite his commitment to do so once the immunity agreement is executed.
“This being so, the proposal of Tanenglian is grossly disadvantageous to the Republic,” she added.

Under the immunity agreement, Tanenglian commits to cooperate with the government in the ill-gotten wealth case, Civil Case No. 005, by providing information relevant to the case and by making himself available as a witness for the republic if requested.In exchange for his testimony, Tanenglian expects to be dropped from among the respondents in the case which is related to the Marcoses’ alleged stake in Lucio Tan’s companies.

He also wants to be granted immunity in connection with other cases related to the Lucio Tan group of companies.

Tanenglian had a recent falling out with his brother over personal and corporate differences.
The OSG said Tanenglian’s proposal to make admissions on the existence of vital documents or marked exhibits for the government as stated “would serve no useful purpose.”

“(Such) admission would have zero credibility in light of the considerable delay of more than 20 years before he comes out with it, and on the occasion of the eventful rift with his co-defendant Lucio Tan,” the OSG said.

Devanadera said the PCGG could better rely on the veracity of Ferdinand “Bongbong” R. Marcos Jr.’s voluntary testimony for the government, without immunity or any concessions, having seen or identified these vital documents.

The OSG also questioned the motives of Tanenglian in offering himself as a government witness against his own brother.

“Tanenglian’s motives are obscure. If Tanenglian is only protecting his existing interest in the Lucio Tan Group of companies, then why does he need to execute an immunity agreement if, in the opinion of his counsels, the prosecution in Civil Case No. 005 is weak,” the OSG said .

How to Lose a PCGG Case

http://opinion.inquirer.net/inquireropinion/columns/view/20090919-225903/How-to-lose-a-PCGG-case

How to lose a PCGG case

By Solita Collas-Monsod
Philippine Daily Inquirer
First Posted 00:14:00 09/19/2009
Filed Under: Litigation & Regulations, Graft & Corruption,Government


This has to be another one of those “only in the Philippines” situations. In last week’s column, I wrote that Mariano Tanenglian, Lucio Tan’s younger brother, had offered to be a witness for the government in its case (Civil Case 005) against 29 individual defendants including Ferdinand Marcos, Lucio Tan and Tanenglian himself—in exchange for immunity from prosecution. His lawyers had met with the Presidential Commission on Good Government (PCGG)—Camilo Sabio, Ricardo Abcede, Tereso Javier and Narciso Nario attending—together with representatives of the Office of the Solicitor General (OSG) on July 13, 2009 to discuss the details, including a draft of the immunity agreement that they had prepared. Apparently, the meeting ended with the government side agreeing in principle to the draft agreement, and the only thing that was needed to seal the deal was the formal opinion of the OSG on the matter.

Such opinion did not materialize, and a follow-up letter was sent by the (new) Tanenglian lawyers on Aug. 19—but it was again met with a blank wall of silence.

Well, Tanenglian apparently ran out of patience with the PCGG, because on Sept. 9 his lawyers filed a motion with the Sandiganbayan, asking it to compel the PCGG to act on his offer to testify, and to reopen trial for his testimony.

The “only in the Philippines” part is not only that the government doesn’t seem to want to win this case (else it would have grabbed the golden opportunity to have a witness of this importance on its side); it is also that the witness who knows where the bodies are is the one begging the court to let him testify.

Both the PCGG and the OSG have a lot of explaining to do. I am informed that a newspaper reporter asked both the PCGG (a commissioner and the head of the legal department) and the OSG (the solicitor in charge of Civil Case 005) why they were keeping the Tanenglian offer in suspended animation. The answer he got was that Tanenglian had not agreed with the terms and conditions imposed by the PCGG/OSG. But not one of them could cite what those terms and conditions were. Their answer is also belied by the Aug. 19 letter of Tanenglian’s lawyers to

PCGG and the Sept. 9 motion of the same lawyers before the Sandiganbayan.
And while we’re at it, they should also answer why they fired Catalino Generillo Jr.—or more accurately did not renew his appointment as special counsel (PCGG), which expired end December 2008, or his deputation from the OSG which ended in November 2008. Generillo is the only lawyer on the government team who seemed to be taking any initiative or doing any serious research or coming up with fresh (and damning) evidence and witnesses to buttress the government’s case. That Generillo’s appointment as special counsel (he was originally hired in 2001 by Haydee Yorac—need one say more?) was not renewed becomes even more puzzling in light of what the PCGG head (Sabio) reportedly told him after a four-hour meeting on Jan. 14 of this year (Generillo thought that the renewal of his appointment—which has to be done every six months—was just a victim of the usual bureaucratic delay): “Good work. We are 100 percent behind you.”

The OSG should also be asked to explain why it was only after Tan’s lawyer, Estelito Mendoza, questioned Generillo’s credentials that it sent Generillo a “deputation” letter covering the period July-November 2008. Generillo tells me that in all his years at the PCGG, he had never ever received such a letter.

Another mystery that the PCGG and OSG should clarify: Why did they wait until June 29, 2009—or six/seven months after firing him—before they asked Generillo to turn over his exhibits? What does this delay say about their desire or willingness to successfully prosecute Civil Case 005? And as if to make up for their cavalier attitude toward the case, they asked him to turn over those papers by July 1.

Any lingering doubts about this issue vanishes when one learns that when Jaime Laya appeared at the Sandiganbayan to testify, in response to a subpoena (issued when Generillo was still in charge of the case), the OSG was taken by surprise. So when Mendoza objected to Laya’s being a witness, apparently there was either very weak or no rebuttal from the OSG.

Generillo, by the way, refuses to turn over the fruits of his legal research and labor to the PCGG/OSG—and as a result, the two have asked the Sandiganbayan to compel him to do so. In response (an Omnibus Motion), he has asked, among other things, that the trial of Civil Case 005 (or the government’s presentation of evidence or part of it) be reopened to allow the government to present Tanenglian as its witness—and Generillo will submit his exhibits as part of that testimony.

My guess, though, as to the real reason he is loathe to turn over those documents he unearthed to the PCGG and OSG is that they might get lost—as so many other documents in the possession of the PCGG have (conveniently?) gotten lost, such as the certified true copies of Marcos documents that the US Customs Service had mailed to the PCGG at its request. Generillo had searched high and low for it, fruitlessly.

Is it any wonder that the Republic of the Philippines loses so many of its cases? Not only can the defense pay for excellent lawyers like Estelito Mendoza; also, government lawyers seem to have either no ability, or no desire, or no willingness to do a competent job. And when they do, they get kicked out. Or face a captured judiciary.

Bong Tan’s own power struggle

Bong Tan’s own power struggle
http://www.manilastandardtoday.com/insideBusop.htm?f=/2009/september/2/vicagustin.isx&d=2009/september/2

http://cocktales.ph/?p=1792

IT seems that Lucio Tan Jr. is himself having his own internal power struggle.

But instead of the sibling feud eating up his billionaire father and his uncle, the young Tan is wrestling with more productive exertions.

According to the grapevine, the firstborn son of the country’s second richest man has been quietly headhunting and assembling a management team for a $900-million, 330-megawatt hydro power plant in Nueva Vizcaya, a venture that will be outside of the Lucio Tan Group of companies.

The power plant venture, apparently being undertaken with mainland Chinese partners and funding, has already hired as chief financial officer Caesar Altarejos Jr., a former CFO of Sunlife and TKC Steel, and former Carpio Villaraza lawyer Cynthia Nuval as chief legal officer.

In a move to dissociate the new venture from the family empire, the junior Tan chose to rent half a floor in LKG Tower, which is owned by the father-in-law of Bong Tan’s sister, rather than ask for space in his father’s Allied Bank Center.

Lucio ‘Bong’ Tan Jr. spreads his wings

Lucio ‘Bong’ Tan Jr. spreads his wings

http://www.manilastandardtoday.com/insideBusop.htm?f=2009/august/10/vicagustin.isx&d=2009/august/10

FOR a change, there is something positive brewing among the various contending factions of the extended Lucio Tan family.

The publicized feud between the taipan and his brother Mariano, as well as Tan’s hospitalization after suffering a slip while alighting from a helicopter, have apparently served as a wake-up call for his eldest son, Lucio Jr.

The San Francisco-educated Tan has been seen holding a series of meetings with HSBC Philippine treasurer and head of capital markets Jose Arnulfo “Wick” Veloso, along with MRC Allied chairman Benjamin Bitanga.

According to the grapevine, the young Tan plans to raise P2 billion for a still undisclosed project and has apparently been consulting Bitanga, who had sold to the elder Tan the shell company of what is now the publicly-listed MacroAsia, on how to best raise the sizable amount.

Rather than compete and jostle with fellow siblings for a piece of the Tan empire, the 43-year-old son, if the grapevine is to be believed, apparently wants the P2-billion capital that he planned to raise to start his own little kingdom independent of his 75-year-old father’s airline, banking, real estate, tobacco, hotel, and school conglomerate.

It was not immediately clear how the planned capital-raising exercise will hew with the recent appointment of the junior Tan as president of Tanduay Distillery.

Sunday

How to lose a PCGG case

How to lose a PCGG case

http://opinion.inquirer.net/inquireropinion/columns/view/20090919-225903/How-to-lose-a-PCGG-case

By Solita Collas-Monsod
Philippine Daily Inquirer
First Posted 00:14:00 09/19/2009

This has to be another one of those “only in the Philippines” situations. In last week’s column, I wrote that Mariano Tanenglian, Lucio Tan’s younger brother, had offered to be a witness for the government in its case (Civil Case 005) against 29 individual defendants including Ferdinand Marcos, Lucio Tan and Tanenglian himself—in exchange for immunity from prosecution. His lawyers had met with the Presidential Commission on Good Government (PCGG)—Camilo Sabio, Ricardo Abcede, Tereso Javier and Narciso Nario attending—together with representatives of the Office of the Solicitor General (OSG) on July 13, 2009 to discuss the details, including a draft of the immunity agreement that they had prepared. Apparently, the meeting ended with the government side agreeing in principle to the draft agreement, and the only thing that was needed to seal the deal was the formal opinion of the OSG on the matter.

Such opinion did not materialize, and a follow-up letter was sent by the (new) Tanenglian lawyers on Aug. 19—but it was again met with a blank wall of silence.

Well, Tanenglian apparently ran out of patience with the PCGG, because on Sept. 9 his lawyers filed a motion with the Sandiganbayan, asking it to compel the PCGG to act on his offer to testify, and to reopen trial for his testimony.

The “only in the Philippines” part is not only that the government doesn’t seem to want to win this case (else it would have grabbed the golden opportunity to have a witness of this importance on its side); it is also that the witness who knows where the bodies are is the one begging the court to let him testify.

Both the PCGG and the OSG have a lot of explaining to do. I am informed that a newspaper reporter asked both the PCGG (a commissioner and the head of the legal department) and the OSG (the solicitor in charge of Civil Case 005) why they were keeping the Tanenglian offer in suspended animation. The answer he got was that Tanenglian had not agreed with the terms and conditions imposed by the PCGG/OSG. But not one of them could cite what those terms and conditions were. Their answer is also belied by the Aug. 19 letter of Tanenglian’s lawyers to PCGG and the Sept. 9 motion of the same lawyers before the Sandiganbayan.

And while we’re at it, they should also answer why they fired Catalino Generillo Jr.—or more accurately did not renew his appointment as special counsel (PCGG), which expired end December 2008, or his deputation from the OSG which ended in November 2008. Generillo is the only lawyer on the government team who seemed to be taking any initiative or doing any serious research or coming up with fresh (and damning) evidence and witnesses to buttress the government’s case. That Generillo’s appointment as special counsel (he was originally hired in 2001 by Haydee Yorac—need one say more?) was not renewed becomes even more puzzling in light of what the PCGG head (Sabio) reportedly told him after a four-hour meeting on Jan. 14 of this year (Generillo thought that the renewal of his appointment—which has to be done every six months—was just a victim of the usual bureaucratic delay): “Good work. We are 100 percent behind you.”

The OSG should also be asked to explain why it was only after Tan’s lawyer, Estelito Mendoza, questioned Generillo’s credentials that it sent Generillo a “deputation” letter covering the period July-November 2008. Generillo tells me that in all his years at the PCGG, he had never ever received such a letter.

Another mystery that the PCGG and OSG should clarify: Why did they wait until June 29, 2009—or six/seven months after firing him—before they asked Generillo to turn over his exhibits? What does this delay say about their desire or willingness to successfully prosecute Civil Case 005? And as if to make up for their cavalier attitude toward the case, they asked him to turn over those papers by July 1.

Any lingering doubts about this issue vanishes when one learns that when Jaime Laya appeared at the Sandiganbayan to testify, in response to a subpoena (issued when Generillo was still in charge of the case), the OSG was taken by surprise. So when Mendoza objected to Laya’s being a witness, apparently there was either very weak or no rebuttal from the OSG.

Generillo, by the way, refuses to turn over the fruits of his legal research and labor to the PCGG/OSG—and as a result, the two have asked the Sandiganbayan to compel him to do so. In response (an Omnibus Motion), he has asked, among other things, that the trial of Civil Case 005 (or the government’s presentation of evidence or part of it) be reopened to allow the government to present Tanenglian as its witness—and Generillo will submit his exhibits as part of that testimony.

My guess, though, as to the real reason he is loathe to turn over those documents he unearthed to the PCGG and OSG is that they might get lost—as so many other documents in the possession of the PCGG have (conveniently?) gotten lost, such as the certified true copies of Marcos documents that the US Customs Service had mailed to the PCGG at its request. Generillo had searched high and low for it, fruitlessly.

Is it any wonder that the Republic of the Philippines loses so many of its cases? Not only can the defense pay for excellent lawyers like Estelito Mendoza; also, government lawyers seem to have either no ability, or no desire, or no willingness to do a competent job. And when they do, they get kicked out. Or face a captured judiciary.

The mysterious case of lawyer Catalino Generillo

The mysterious case of lawyer Catalino Generillo

By Solita Collas-Monsod
Philippine Daily Inquirer
First Posted 02:03:00 09/12/2009


http://opinion.inquirer.net/inquireropinion/columns/view/20090912-224787/The-mysterious-case-of-lawyer-Catalino-Generillo


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.

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.

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.

Wednesday

Dismissed Lawyer Presses Case vs Tan

http://newsinfo.inquirer.net/breakingnews/metro/view/20090902-223250/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.