Immunity agreement between kin of Marcos crony, PCGG upheld

The Philippine government was reminded once more to honor its agreement with witnesses who received immunity from prosecution. Ruling as a whole, the Supreme Court upheld an immunity agreement between the Presidential Commission on Good Government (PCGG) and Jesus Disini. The High Court, voting seven to four, ruled that Disini — a cousin who worked for Marcos crony Herminio Disini — cannot be compelled to testify in cases other than those specified in an agreement between him and the government. Herminio Disini arranged the construction of the fraud-tainted and unsafe Bataan Nuclear Power Plant (BNPP). In 1989, Jesus Disini entered into an immunity agreement with the PCGG in exchange for testifying against the Westinghouse Electric Corp. before the United States District Court of New Jersey. Jesus also agreed to testify in the arbitration case filed by Westinghouse and others against the government before the International Chamber of Commerce Court of Arbitration. Under the agreement, Jesus was not required to testify in any other domestic or foreign proceeding brought by the Republic against his cousin. Jesus, who complied with the agreement for 18 years, was later compelled by the Sandiganbayan to testify in a case filed by the government against Herminio. (See: Court orders Disini’s cousin to testify on Marcos ill-gotten wealth case) http://www.gmanews.tv/story/101239/Court-orders-Disini%E2%80%99s-cousin-to-testify-on-Marcos-ill-gotten-wealth-case The Supreme Court decision, penned by Justice Roberto A. Abad, granted Jesus Disini’s request to annul PCGG Resolution 2007-031, which revoked and nullified the immunity agreement between both parties. The same decision also nullified an August 2007 Sandiganbayan Resolution in Civil Case 0013 that denied Jesus’s request to quash a subpoena issued by the PCGG that ordered him to testify in a case excluded from the agreement. Although the PCGG is empowered to grant immunity to witnesses against the late president Ferdinand Marcos, his family, relatives, and associates, the Court disallowed the government from "[double-crossing] petitioner Disini," its decision said. "The Immunity Agreement was the result of a long drawn out process of negotiations with each party trying to get the best concessions out of it. The Republic did not have to enter the agreement. It was free not to. But when it did, it needs to fulfill its obligations as honorably as Disini did. More than any one, the government should be fair," the same decision said. Among those who concurred with the decision were Chief Justice Renato C. Corona, Senior Justice Antonio T. Carpio, and Justices Conchita Carpio Morales, Antonio Eduardo B. Nachura, Arturo D. Brion, and Mariano C. Del Castillo. Justices Teresita J. Leonardo-De Castro and Diosdado M. Peralta abstained, while Justice Jose Catral Mendoza was on leave. Justice Lucas P. Bersamin dissented, asserting that the grant of immunity to Disini was void and inefficacious as it was contrary to the State's policy “on the urgent need to recover all the illegally acquired wealth amassed by President Marcos, his immediate family, relatives, and close associates." Those who also dissented include Justices Presbitero J. Velasco, Jr., Martin S. Villarama, Jr., and Jose Portugal Perez. - RJAB Jr./JV, GMANews.TV