The PCGG after 24 years

Around this time in 1986 when the euphoria of that historic EDSA people power revolution had not yet completely died down, one of the major concerns of the newly installed revolutionary government under the late President Cory C. Aquino was how to “(1) restore the dream and the glory stolen from the Filipino people; (2) destroy the culture of corruption which has distorted our moral values; (3) complete the political, social and moral gains of the Revolution under the highest standards of morality, ethics, honesty and integrity in public service; and (4) give flesh and substance to the Constitutional mandate that ‘a public office is a public trust’, by ensuring that graft and corruption shall not be repeated under any administration”.

To address these concerns, the late President Cory Aquino thus issued her very first Executive Order (No. 1) creating the Presidential Commission on Good Government (PCGG) with the primary task of assisting the President in regard to the recovery of the ill gotten wealth accumulated by the deposed President Ferdinand Marcos, his immediate family, relatives, subordinates and close associates located here or abroad. Obviously the task required swift actions so as to preempt the frenzied attempts to hide those ill gotten wealth. Hence on March 25, 1986, Proclamation No. 3 was issued empowering the PCGG to take over and sequester all business enterprises and entities owned and controlled by Marcos and his people during his administration either directly or through nominees who took advantage of their public office and /or used their power, authority or influence, connection or relationship. But that power of sequestration lasted only up to August 2, 1988 or eighteen months after the ratification of the 1987 Constitution.

The Commission carries out this main task by: prosecuting and litigating the ill gotten wealth cases; preserving, administering, and managing the assets sequestered, surrendered or recovered to prevent their dissipation; and disposing of the assets surrendered and/or recovered with the proceeds going to the Comprehensive Agrarian Reform Program (CARP). In prosecuting and litigating the cases, it conducts continuing identification, investigation and research of ill gotten wealth as well as solicitation of legitimate information and gathering of credible evidence from reliable sources and well meaning persons.

Apparently people had great expectations that PCGG will act swiftly and produce results quickly. In those days of jubilation and exhilaration right after getting rid of an oppressive and corrupt regime, many people did not realize that this good government commission cannot produce immediate results. As can be gleaned from its main task, the agency faces so many constraints particularly in its function of prosecuting and litigating ill gotten wealth cases. Among these constraints are: the slow pace of justice that hinders their resolution; the due process requirements under the Constitution that enable defendants to incessantly employ delaying tactics; and the strict application of the rules of procedure despite the fact that the PCGG cases are peculiar and the only ones of their own kind (sui generis). Then later on other constraints and challenges also cropped up like lack of cooperation by other government agencies and difficulties in locating witnesses and securing their testimonies. Then there are also challenges from other government agencies like the BIR and the DAR as well as human rghts groups which are also claiming sequestered and surrendered assets.

And so because of these challenges and constraints, PCGG fell short of the people’s great expectations at the time of its creation. Since then, the PCGG has encountered so much rough sailing in its gargantuan task of recovering these ill gotten assets. As expected crippling gauntlets have been thrown by those involved which have no relevance at all on the merits of the cases. Even some disgruntled employees among its 300 workforce who did not expect to be under a moral environment different from that prevailing in other government offices sometimes try to undermine the effectiveness of the agency by spreading innuendoes and rumors, and exposing unfounded or fabricated anomalies.

Hence for the past several years, it has been subjected to a barrage of negative publicity where it is portrayed as likewise corrupt and inept which is the very antithesis of what it is envisioned to be — a good government commission. Such bad publicity somehow even prompted both Houses of Congress to repeatedly threaten its abolition or to reduce its appropriation. Indeed the low budget given by Congress has further hampered its efforts to carry out and accomplish its mission.

Records however show that the Commission is not doing that bad at all despite the adversities, threats and brickbats thrown at it. As of December 29, 2009 it has already remitted a total of P85.559 billion in cash (P85,559,839,049.04 to be exact) to the CARP. The biggest remittances were in 2004 with P35.160 billion and 2007 with P25.270 billion. These came from the successful prosecution of cases filed right after it was created like Civil Case No 0141 entitled Republic vs. Imelda Marcos where the Supreme Court ordered the forfeiture in favor of the Republic, the Swiss deposits held in escrow by the PNB estimated at US$658,175,373.60; and Civil Case No. 0002 where the SC ordered the re-conveyance in favor of the Republic the 111,415 PTIC shares in the name of Prime Holdings Inc. which resulted in the turnover of the amount of P25,238,759,508.05 representing proceeds of sale of said shares.

Noteworthy in this report is that, of the total remittances since March 1986 up to end December 2009 amounting to P85.559 billion, the main bulk representing 74.09% or a total of P63.388 billion was remitted during the last 5 years from 2004 to 2009. During this period, the PCCG budget/obligations amounted only to P748.649 million thereby showing a very beneficial cost to recovery ratio.

Also noteworthy is that from its inception, prestigious men and women of proven competence and integrity have been at the helm of this agency like Jovito A. Salonga, Ramon A. Diaz, Mateo Armando Caparas, David M. Castro, Magtanggol Gunigundo, Magdangal Elma, and Haydee B. Yorac. Some of them may have left in frustration precisely because of the negative image formed against the agency based mostly on unfounded and unproven accusations of irregularities. But it can be definitely said that all of them tried their best to serve the PCGG with dedication and commitment to its vision and mission. The same can be said of the present Chairman Camilo L. Sabio whom I know since law school days to be a God-loving and God-fearing man of moral courage and integrity. His sincerity and capability to do the job despite some controversies surrounding his actions should never be doubted. His courage and determination to act according to his moral conviction is what the agency needs at this stage.

And if people want the PCGG to meet their high expectations, they should help and encourage it by erasing its negative image and by giving it the benefit of the doubt. Maybe it is also good if PCGG’s existence could be fixed so that it will have a target date for the substantial completion of its mission.