Sandigan justice told: Inhibit self from case vs Marcoses

The Presidential Commission on Good Government (PCGG) asked a Sandiganbayan justice yesterday to inhibit himself from a civil case involving the award of various public works contracts by the late former President Ferdinand Marcos to a Japanese company.

In a 12-page motion, PCGG chairwoman Haydee Yorac said Justice Rodolfo Palattao, a senior member of the anti-graft court’s fourth division, should keep his hands off the case because he was the one who notarized the memorandum of agreement (MOA) between the Japanese firm, Toyo Corp., and Angenit Investment Corp. on Oct. 14, 1977 when he was still a struggling lawyer.

The PCGG said Angenit was a domestic company allegedly put up by Marcos with Andres Genito as "dummy" to conceal alleged kickbacks from the various contracts awarded to Toyo Corp.

"Without necessarily being aware of the ill-gotten character of the assets subject of the document he notarized, Atty. Palattao was involved in the acts of Ferdinand Marcos and Andres Genito that led to the accumulation of said ill-gotten wealth," said Yorac in the motion.

Yorac added that authenticated records of the Securities and Exchange Commission showed that as of end-1977, Palattao was the legal counsel of Angenit, while his wife, Emelinda, was the company’s external auditor.

In 1983, Yorac said Palattao was no longer the legal counsel but his wife still held her position in Angenit.

In an interview, Palattao said he had no inkling that the MOA he notarized 25 years ago would be included in the cases against the Marcoses.

"I was a struggling lawyer at that time. Who would ever think that I would become a judge? It is inconceivable for me that this document will come across my way. I became a judge in 1983. This is the first time I came across this situation," Palattao said.

He said he will confer with the two other justices of the fourth division.