PCGG insists on forfeiture of Marcos paintings in favor of gov’t 

The Presidential Commission on Good Government (PCGG) has asked the anti-graft court Sandiganbayan to render a ruling on its motion to forfeit in favor of the government more than 150 pieces of artwork owned by the Marcoses.

The PCGG, representing the government, said former First Lady and re-elected Ilocos Norte Rep. Imelda Marcos must not longer be allowed to comment or oppose the motion after failing to do so despite the two extension periods granted by the court.

The artworks that the PCGG sought to be forfeited in favor of the government include:

• 152 paintings with an estimated value of $11.84 million;
• 27 paintings and sculptures discovered at the sequestered Metropolitan Museum of Manila with assessed value of $548,445; and
• 12 paintings by American artist Anna Mary “Grandma Moses” Robertson said to have been purchased at around $370,000.

“It must be stressed that respondent Imelda Marcos is in the best position to account for the artworks mentioned in petitioner’s motion. Nevertheless, despite serious and specific allegations against her, respondent Imelda Marcos refuses to respond,” the PCGG said in a 19-page manifestation submitted to the Sandiganbayan Special Division.

“She should have specifically denied the allegations if they were not true. Indeed, her silence only resonates her unqualified admission,” the PCGG added.

30-year-old case

Mrs. Marcos and her husband, the late President Ferdinand Marcos Sr. were respondents in a civil forfeiture case filed by the PCGG 30 years ago in 1986, concerning the alleged ill-gotten wealth of their family and alleged cronies.

In a Motion for Partial Summary Judgment filed on February 24 this year, the PCGG asked the Sandiganbayan to forfeit in favor of the government some of the Marcos family’s real estate properties, company shares, jewelry, and artwork collection earlier identified by the PCGG to have been illegally acquired.

In its latest manifestation, the PCGG maintained that the awarding of the properties in favor of the government is long overdue.

“Under this law, a criminal conviction of the public officer or employee is not necessary before the properties are declared forfeited in favor of the State,” the PCGG said citing Republic Act 1379 or “An Act Declaring Forfeiture in Favor of the State Any Property Found to have been Unlawfully Acquired.”

“The accumulation of property by a public officer or employee which is manifestly out of proportion to his legitimate income raises a prima facie presumption that he unlawfully acquired the property,” the PCGG added, citing Section 2 of RA 1379.

The Sandiganbayan had originally given Mrs. Marcos until April 14 this year to comment on PCGG’s motion to forfeit about 150 pieces of paintings.

Mrs. Marcos asked for an extension of 30 days or until May 14 to file a comment, which the court granted. On May 13, Mrs. Marcos asked for another 15 days or until May 29 to file the comment. 

“But to date, no comment or opposition has been filed by respondent Imelda Marcos. Therefore, she is deemed to have waived her right to file her comment/opposition on petitioner’s motion. More importantly, she is deemed to have admitted the facts narrated in the motion,” the PCGG said.

“Wherefore, premises considered, it is respectfully prayed that petitioner’s Motion for Partial Summary Judgement dated February 24, 2016 be granted,” the PCGG said.

Marcos victims

Meanwhile, the PCGG had earlier opposed the motion of a group of human rights abuse victims during Martial Law, who are also staking claims in the Marcos’ art collection.

In their motion filed on April 21, the group Claimants 1081 composed of over 9,000 human rights violation victims during the Martial Law, asked the Sandiganbayan to defer the ruling on PCGG’s motion for partial summary judgment.

The group said almost all the artwork pieces listed by the PCGG in its motion were the same ones that are subject of a pending litigation of the US Federal Court in New York City in which the group is named as among the petitioners.

In its opposition paper, the PCGG said even though the government is in favor of compensating the human rights abuse victims, it must be done through other means that are in accordance with the law.

“The assets and property sought to be forfeited in this action belong to the people and part of the public treasury. It cannot answer for the personal liability of the respondent/s (Marcoses),” the PCGG said. — VVP, GMA News