PCGG Good Government welcomes Singapore court decision on Marcos' Swiss funds

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PNB WINS. The Philippine National Bank gets the legal title to former President Ferdinand Marcos' ill-gotten wealth. File photo by AFP.

The Presidential Commission on Good Government (PCGG) on Saturday, January 4, welcomed the move of Singapore's top court to grant Philippine National Bank (PNB) legal title to former President Ferdinand Marcos' Swiss funds.

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"The PCGG views the Singapore decision in a positive light. While the Court ruled that PNB has legal title to the account, PNB holds the monies in its capacity as a trustee for the republic pursuant to an escrow agreement with the government," PCGG chairman Andres Bautista said.

The decision comes 10 years after a German bank in Singapore sought the country's Court of Appeals to decide on the rightful owner of the funds – a total of US$30.1 million.

PNB is one of 4 claimants to Marcos' Swiss funds, along with the Philippine government, 5 foundations allegedly set up by the dictator to hold the money in Swiss bank accounts, and 9,539 human rights victims during the Marcos era, reported in The Straits Times.

"The [Philippine] Republic, Human Rights Victims and the Foundations have not satisfied us that they are legally or beneficially entitled to the Funds," the judgment dated Dec 30, 2013 and released Thursday, January 2, said.

"We also hold that PNB has legal title to the Funds as the original named account holder with WestLB prior to the commencement of the Interpleader Proceedings. As all three contesting parties have failed in their claims for the Funds, none of them is entitled to any costs."

The deposits, held in the Singapore branch of German bank WestLB, comprise US$16.8 million (S$21.3 million) and £4.2 million (S$8.8 million).

At the onset of the Corazon Aquino administration in 1986, the government recovered the wealth of Marcos from Swiss accounts. In 1997, the Swiss Federal Supreme Court issued a decision to return $680 million from the accounts to the Philippines after complying with two conditions:

A final and executory decision of a credible Philippine court declaring Marcos' Swiss funds as ill-gotten.

Giving a rightful share of the funds to Martial Law victims – those who won a class suit in a Honolulu court against the Marcos estate.

Both conditions have already been met: the first one in July 2003, when the Philippine Supreme Court declared Marcos' Swiss funds ill-gotten, and the second one, when President Benigno Aquino III signed last year the Human Rights Victims Reparation and Recognition Act of 2013.

Under the law, some P10 billion funds recovered from the late dictator Ferdinand Marcos' Swiss bank accounts will be appropriated for victims' reparation. 80% of the amount will be spent for existing claims and 20% for future ones. (READ: Aquino: We recognize Martial Law victims)

PCGG could also technically use the $23 million for the Marcos regime's human rights victims, Bautista told Malacañang.

Court rejects other parties' claims

In 2002, Swiss authorities also transferred US$658 million to PNB for safekeeping, which PNB itself placed in other banks in Singapore and Britain, including WestLB. In 2003, the human rights victims "staked" their claims.

"They had won a US$1.9 billion judgment in the United States against the Marcos estate for human rights abuses and sought to recover the sum by staking a claim on the $30.1 million with WestLB," The Straits Times report said.

The Court of Appeals was "compelled" to reject the human rights victims' claim to the funds because relevant documents "did not have the legal effect of transferring a proprietary interest in the Funds to the Human Rights Victims at any point in time."

Despite the rejection, the court emphasized they "would not in any way wish to deny the moral claims of the human rights victims," acknowledging they "deserve redress for the grievous wrongs that they have suffered."

As for the foundations, their claims were rejected by the court as their legal title was lost when they ignored the effects of the orders of the Swiss courts and authorities in authorizing the fund transfer in Swiss deposits to be held in escrow.

The Swiss court ordered the money transferred to PNB, where the funds are held in escrow. –Rappler.com

 

WATCH OUT: Official Launching of (Philippines) Pilipinas Online Shopping Mall,  Monday January 7, 2014 at www.PilipinasMall.com

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Skies would open for phones and internet as the Philippine observe Global Standards – CAAP; Cebu Pac offers ₱900 per hour

 Cebu Pacific offers ₱900 per hour or $20 Dollars per hour internet services prior to CAAP announcement 

$20 Dollars and ₱900.00 per hour internet

Prior to the announcement from CAAP to allow mobile phone users while on board the plane, Cebu Pacific have already implemented the system.

Cebu Pacific flights from and to international destinations are already offering on-board internet service to their passengers at $10 Dollars or ₱450  per half an hour rate.

Cebu pacific flight from and to Incheon, South Korea offered such valuable services to their budget class passengers which per hour internet rate is almost as the cost of their  promo tickets for 4 hour trip.

 

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Mobile communications to extend to the skies starting 2014

Planes will no longer be the rare refuge from texting.

Airline passengers may use their smartphones and other mobile devices to play games and send text messages inflight in line with global standards starting 2014, the Civil Aviation Authority of the Philippines (CAAP) said Tuesday.

But passengers on airlines based in the Philippines still cannot make voice calls while in flight, not for safety reasons but to avoid disturbing fellow passengers. So mobile users can expect cabin attendants to still patrol aisles reminding passengers to stop talking on their phones.

The use of digital devices on board flights was restricted for fear that these would interfere with pilots' communications. International experts have determined that danger no longer applies with modern plane equipment.

CAAP said its order, dated December 30, 2013, will take effect only 15 days after it is published in a newspaper of general circulation and a copy is filed with the Office of the National Administrative Register at UP Diliman, Quezon City.

Before take-off and after landing, passengers can use their mobile devices practically without restrictions, including voice calls, unless the pilot says otherwise.

In an e-mailed statement, Director General William K. Hotchkiss III said CAAP will permit people on board commercial flights to use their laptops and cellular phones to use the Internet and send text messages.

Once the doors are closed, mobile devices should be switched to silent mode. Passengers are prohibited from making calls and are only allowed to send text messages or browse the internet.

When the aircraft is refueling, all transmissions will not be allowed and mobile devices must be turned off.

"Basta sinarado na 'yung doors at nakapasok na lahat ng pasahero, bawal na ang voice communications para hindi maingay... pero pwede mag-text at mag-internet basta naka-silent mode bago mag-take-off," CAAP public information officer Eric Apolonio told GMA News Online in a phone interview.

Passengers are also allowed to play games on electronic devices and music on MP3 players with the use of earphones in-flight.

Apolonio said the change in policy reflects the Oct. 31 US Federal Aviation Administration (FAA) move which allowed airlines to expand the use of personal electronic devices or PEDs in airplane mode by the end of the year.

The FAA said the decision was based on findings by a group of experts who concluded that most commercial airplanes today can tolerate radio interference signals from mobile devices. – With report from VS/KG/HS, GMA News

 

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USA and Canada bags order worth ₱1.26 billion 21 Huey helicopters for Philippine Air Force delivery June 2014

With a Marine on the guide using hand gestures to guide them, two AH-1W Super Cobra attack helicopters from Marine Medium Helicopter Squadron 261 (Reinforced), the aviation combat element of the 22nd Marine Expeditionary Unit (Special Operations Capable), arrive at Al Asad Airfield, Iraq, Dec. 22, 2005. The 22nd MEU (SOC) is currently deployed in Iraq's Al Anbar province in support of Operation Iraqi Freedom. (Photo by Sgt Richard D. Stephens). Photo from marines.mil

A joint venture of two companies based in North America has bagged the deal to supply 21 UH-1 combat utility helicopters to the Philippine Air Force.

The joint venture of American firm Rice Aircraft Services Inc. and Canadian company Eagle Copters Ltd. won the contract for the supply and delivery of Huey helicopters, the workhorse of the military's operations.

The STAR news learned that the notice of award was issued to the joint venture last week of December.

 

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Defense Assistant Secretary Patrick Velez said in an interview the Huey helicopters can be used for rescue and internal security operations.

"The helicopters will be used to meet immediate requirements. They will be used to address the dwindling capability of the Air Force," Velez said.

The approved outlay for the project was ₱1.26 billion, but the helicopters would be purchased for about ₱1.25 million less than the approved budget for the contract, he added.

The supplier is expected to start delivery within six months.

"The first delivery based on the requirements is six months but they might deliver that in as close as two weeks," Velez said.

Earlier, the Defense department held three public biddings for the Huey helicopters acquisition project but all of these failed due to the bidders' failure to meet some requirements. The Defense department then resorted to an alternative form of procurement to acquire the helicopters.

Officials said the procurement mode was similar to public bidding but without the publication requirements. Under a public bidding, the procuring agency should publish a bid notice in newspapers and the Philippine Government Electronic Procurement System website.

Section 53 of the implementing rules of the procurement law allows agencies to resort to a negotiated procurement when there has been a failure of public bidding for the second time.

Negotiated procurement was defined as "a method of procurement of goods, infrastructure projects and consulting services, whereby the procuring entity directly negotiates a contract with a technically, legally and financially capable supplier, contractor or consultant."

The 21 UH-1 helicopters were originally intended to perform poll-related duties last May but the acquisition had been delayed by failed biddings.

Fighter jets

Meanwhile, Defense Secretary Voltaire Gazmin said the delivery of lead-in fighter trainer jets to be acquired from South Korea may start in June 2015.

The government plans to spend ₱18.9 billion to acquire 12 FA-50 supersonic fighter jets from South Korea to boost the Air Force's territorial defense capabilities. –Depensa.org

 

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