Swift: Gov’t may lose right to Marcos’ stolen wealth in New York

Give Caesar what is to Caesar’s.

American lawyer Robert Swift said as much in response to the Philippine government's plan to block him from distributing next month some $10 million to 6,500 human rights victims of the late President Ferdinand Marcos' martial law regime.

• US court OKs new distribution of $10 million to Marcos martial law victims

In an interview with ABS-CBN News, Swift said it was foolish for the Office of the Solicitor General (OSG) and the Presidential Commission on Good Government (PCGG) to block the distribution, knowing that this would endanger the government’s claim to at least $30 million from 4 paintings once allegedly owned by the late strongman’s widow, Imelda Marcos, sold in New York last November, and in London 8 years ago.

$1,500 each for 6,500 victims

Each of the 6,500 victims would receive $1,500, or about P75,000, their share in the proceeds of Imelda’s paintings that Judge Manuel Real approved for distribution last March 28.

The ruling paved the way for the distribution in the Philippines set anytime between May and July this year. The first stop is Mindanao.

Give human rights victims what is due them, Swift said, as the government will also have its due.

“The OSG’s position is foolish,” Swift said, citing that the victims, most of them were very old and very sick, were in dire need of medical assistance.

• Marcos human rights victims to get $1,500 each more, but where are they now?

Sanctions vs government

“If OSG were able to overturn it, the judge would enter sanctions against it. Those sanctions would cripple, if not destroy, its ability to recover anything at trial,” he added.

While the human right victims would get $10 million, the government stands to receive $4 million from the sale of 3 paintings sold last November. These are:

• “L’Eglise a La Seine a Vetheuil” by French impressionist Claude Monet;
• “Langland Bay” by British landscape artist Alfred Sisley; and,
• “Le Cypres de Djenan Sidi Said”, also known as “Algerian View” by French painter Albert Marquet.
• Compensation from Imelda painting proves Marcoses' plunder - lawyers

Aside from the $4 million, the government stands to receive $30 million from British billionaire Alan Howard who bought over eight years ago "Le Bassin aux Nympheas," in a London gallery, not knowing that it was a stolen good.

Billionaire ready to pay $30 million

Howard was ready to pay the government to release him from any legal liability, Swift added.

A third party known as the Golden Buddha Corporation and the estate of Roger Roxas--the man who allegedly discovered Yamashita treasure in Baguio City which Marcos allegedly seized in the 1970s--will get a few million also this May.

All the 4 paintings are believed to have been part of some 200 art collections Imelda accumulated over her husband’s 20-year regime. The court and Swift are still trying to locate the rest of the paintings.

The OSG and PCGG cited no reason to block the distribution, but a source at the Department of Justice said the government wanted to get all the amount, including the $10 million earmarked for the human rights victims, and to later decide for itself how to distribute it.

The government is a party to the case that Real heard and tried seeking who really owned the paintings.

But the judge’s decision is final, Swift said, and anything that the government would do now to stop it may blow its own chances to recover its own share of the stolen wealth.

No gov’t intervention

If the distribution pushes through, it would be the fourth time, the first two by Swift without interruption from the Philippine government and the third one by the government as part of the P10-billion compensation package in 2018. The last one was under the Duterte administration, though processing of recipients began during the time of President Benigno Aquino Jr.

If the distribution wouldn’t push through, it would be the first time.

When Swift and the late lawyer-broadcaster Jose Marie Velez filed the class suit in Hawaii on behalf of the martial law victims, there were 9,353 claimants, all of them recounted their nightmares if only to prove they suffered during the dictatorship.

Where are they now?

Over the last 30 years later, some of them have died; others falling victim anew, if not killed, by allegedly in government operations of subsequent administrations.

Swift said locating the 6,500 victims all over the Philippines, especially in remote barangays in Mindanao, remains a nightmare to this day.

“There is a lot of complexity in delivering 6,500 checks to that many individuals all across the country,” he said.