2018 PCGG Year End Accomplishment Report
2018 PCGG Year End Accomplishment Report
2018 PCGG Year End Accomplishment Report
ACCOMPLISHMENT REPORT
FY 2018
The fact that the PCGG was created by President Corazon Aquino, in the exercise of
her executive and legislative powers, puts it in a unique position. A rare confluence
of factors in Philippine politics – enabling environment conducive to change, political
will, and popular support – made its creation possible. The PCGG, a quasi-judicial
agency, has three mandates
(2) The investigation of such cases of graft and corruption as the President may
assign to the Commission from time to time.
(3) The adoption of safeguards to ensure that the above practices shall not be
repeated in any manner under the new government, and the institution of
adequate measures to prevent the occurrence of corruption.
POWER AND
These extraordinary circumstances places
AUTHORITY
at the President’s disposal, a quasi-judicial
agency, entrusted with impressive powers to:
In addition to these awesome powers, Executive Order No. 2, series of 1986, further
grants the Commission personality and prerogatives of a diplomatic nature, by
specifically authorizing it “to request and appeal to foreign governments wherein
any such assets or properties may be found to freeze them and otherwise prevent
their transfer, conveyance, encumbrance, concealment or liquidation xxx.”
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MISSION and The Presidential Commission on Good
VISION Government (PCGG) dedicates itself to restore
the institution’s integrity and credibility, aligning its organization and efforts by
To secure its place in history, by creating a legacy built on transparency, integrity, and
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Our actions, decisions, and our work are
CORE VALUES enlightened by values and deeply-held
convictions. Ours is a Commission that is
consultative, participative, and inclusive.
HONEST. We serve the people with candor and for no consideration other than
to meet the ends of truth.
EFFICIENT. We make every effort to save on costs, without sacrificing the high
quality of our work.
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AGENCY GOALS AND
The PCGG, as the government agency tasked
OBJECTIVES to recover and reconvey to the Filipino people
all ill-gotten wealth accumulated by former President Ferdinand E. Marcos, his
immediate family, relatives, subordinates and close associates, has the following
goals and objectives:
1. To continue the search for the Marcos ill-gotten wealth. To implement this, the
PCGG shall continue to link with all the foreign governments and their agencies
involved in the International Mutual Assistance on Criminal Matters (IMAC),
Mutual Legal Assistance Treaty (MLAT) and other applicable treaties. It shall
likewise continue to initiate the necessary legal actions to recover unlawfully
acquired properties abroad of the Marcoses and their close associates. PCGG
shall also closely coordinate with its counterparts from the Office of the Solicitor
General (OSG), Department of Justice (DOJ) and other government institutions;
7. To ensure that the Commission remitted back to the National Treasury more
that what we spent.
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The Commission is a quasi-judicial body
ORGANIZATION
composed of a Chairman and four (4)
Commissioners. It has four (4) Departments, each headed by a Director and under
Presently, only two Commissioners have so far been appointed to the PCGG.
COMMISSIONERS :
REY E. BULAY **
Commissioner-in-Charge
Asset Management Department and
Legal Department
JOHN A. AGBAYANI **
Commissioner-in-Charge
Finance and Administration Department and
Legal Department
DIRECTORS :
Vacant
Asset Management Department
Vacant
Legal Department
___________________________________________________________________________________________
* Malacañang appointed Atty. REYNOLD S. MUNSAYAC as PCGG Acting Chairman on November 9, 2016.
** Atty. REY E. BULAY was appointed as PCGG Commissioner on December 01, 2016, and Atty. John A.
Agbayani was appointed as PCGG Commissioner on February 27, 2017.
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Functions of the Different Departments
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ASSET MANAGEMENT DEPARTMENT (AMD)
The Asset Management Department (AMD) is primarily tasked with the monitoring of
sequestered assets and preservation of assets that have been placed under the
custody and control of PCGG, or with PCGG nominee-directors/comptrollers, in order
to prevent the dissipation, concealment and disposition of these assets until final
determination of their lawful ownership by the courts. AMD also assists in the
disposition of surrendered and/or recovered assets to ensure that these are done in
accordance with the rules and procedures prescribed by the Privatization Council and
Commission on Audit.
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CRITICAL LINKAGES
A. The Department of Justice – The mother agency of the Commission, after the
PCGG was placed under the administrative supervision of the DOJ pursuant to
Executive Order No. 643, series of 2007.
B. The Sandiganbayan – The court which has exclusive and original jurisdiction
D. The Office of the Solicitor General –The statutory legal counsel of the PCGG
which assist the Commission in the filing and prosecution of cases in accordance
with its mandate.
for privatization.
The PCGG is also empowered “to seek and secure the assistance of any office, agency
or instrumentality of the government” and is “authorized to request and appeal to
foreign governments wherein any such assets or properties may be found to freeze
them and otherwise prevent their transfer, conveyance, encumbrance, concealment
or liquidation by former President Ferdinand E. Marcos and Mrs. Imelda Romualdez-
Marcos, their close relatives, subordinates, business associates, dummies, agents, or
nominees, pending the outcome of appropriate proceedings in the Philippines to
determine whether such assets or properties were acquired by such persons through
improper or illegal use of funds belonging to the Government of the Philippines or any
of its branches, instrumentalities, enterprise, banks, or financial institutions or by
taking undue advantage of their office, authority, influence, connections or
relationship.”
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MANPOWER
RESOURCES
The manpower resources of the Commission as of December 31, 2018 are as follows:
Permanent - 52
Co-Terminus - 18
Temporary - 2
Casual - 6
Contractual - 39_
Sub-Total 117
====
2.) Others
Technical Assistant - 6
(Region 8) - 21_
Sub-Total 44
====
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ACTUAL ACCOMPLISHMENTS
FY 2018
All in all, the total cash recoveries, interest income and proceeds on the
cash redemption value of government securities, and time deposits
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Remittances to the Comprehensive Agrarian Reform
Program (CARP)
Many Filipinos are either unaware or do not fully appreciate the social impact
of the PCGG’s work. Unbeknownst to them, the Commission has provided
substantial funding for the CARP, one of the social justice measures of our
Constitution.
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Cost to Recovery Ratio
(1986 – December 2018)
2.0%
98.0%
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PCGG IS NOW ISO 9001:2015 CERTIFIED
The need for government agencies to improve the quality in their operations
and service delivery has never been more urgent in the light of the Duterte
Administration’s thrust to ensure that “real change” is the actual direction of the
government. Government agencies, including the Presidential Commission on Good
Government, are instructed to improve their delivery of products and services
through process improvement and streamlining, rationalizing the documentary
requirements to improve the competitiveness and ease of doing business for the
citizens. This compelling direction of the current Administration strengthens the
need to comply with Executive Order No. 605, Institutionalizing the Structure,
Mechanisms and Standards to Implement the Government Quality Management
Program, which was issued to effect improvement in the performance of the public
sector by ensuring the consistency of products and services through implemented
quality processes.
Effective management and good governance are essential elements of quality that
can be achieved through an effective Quality Management System (QMS). Aligning
the organization’s planning, service and support operations to ISO 9001 International
Standards is one reliable approach in establishing a QMS. This methodology provides
a clear perspective of the quality system requirements and the areas of control to
assure the consistency in the quality of services and continuous process improvement
that will create approaches to improve customer satisfaction.
In line with the aforementioned thrusts of the government and in support to the
agency’s mission, the Presidential Commission on Good Government has
collaborated with the Development Academy of the Philippines in the establishment
of the Quality Management System, ensuring all requirements of the ISO 9001:2015
standards are effectively implemented in the processes of recovery and
administration of ill-gotten wealth. The PCGG ISO 9001:2015 Certification project
commenced in the second quarter of 2018 through to the completion of the
Stage 2 Audit by the Anglo Japanese American Registrars, Inc., and subsequently
PCGG’s ISO 9001:2015 Certification on the 27th of November2018.
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Series of orientations, training courses, technical guidance sessions on QMS
documentation and implementation, team meetings, coaching activities, and internal
quality audits were successfully completed to achieve the objectives of the project.
Both the PCGG QMS Core Team and the DAP Project Team worked together in
accomplishing all the required QMS documentations, with the necessary technical
skills on QMS acquired by the key officers and staff of PCGG. After six months, the
project with the Development Academy of the Philippines was officially concluded.
PCGG earned its certification to ISO 9001:2015 QMS with a scope of registration
“Public Administration covering processes of recovery and administration of
ill-gotten wealth”, with the certifying body AJA Registrars Inc.
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On Pending Civil and Criminal Cases Filed
With Various Courts
The PCGG, pursuant to Executive Orders Nos. 1, 2, 14 and 14-A, with the assistance of
the Office of the Solicitor General (OSG), started filing cases on 29 December 1986
against the former President Ferdinand E. Marcos, his immediate family, relatives,
cronies, subordinates and close associates before the Sandiganbayan.
The first batch of cases filed by the PCGG are mostly civil cases for forfeiture,
reconveyance, reversion, accounting and damages. Thereafter, criminal cases were
also instituted against the aforesaid personalities for violation of the provisions of
Republic Act No. 3019 and the Revised Penal Code.
Over the years, numerous cases have been separately filed by and against the PCGG
in connection with or otherwise incidental or related to the aforesaid cases, the
sequestration and freezing of assets, or the implementation of or performance of its
duties and responsibilities under the said laws. Moreover, the bulk of criminal cases
(Behest Loans Cases) for violation of the anti-graft law is also being prosecuted by the
PCGG pursuant to Executive Order No. 432, series of 2005.
The PCGG remains steadfast in the performance of its mandate and is confident that
it will obtain more favorable decisions for the government. The PCGG, with patience
and perseverance, a renewed vigor in pursuing the cases, and the full support of the
Office of the Solicitor General, is prosecuting cases (a) arising out of or incidental
to the original civil and criminal cases, (b) relative to the sequestration/freezing of
assets, and surrendered assets, and in the performance of its other tasks.
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SIGNIFICANT DEVELOPMENTS IN PCGG CASES
For The Period Covering January to December 2018
The Defendant Marcoses have rested in the presentation of evidence. The Court
ordered the parties to file their respective Memoranda. RP filed its Memorandum
on April 26, 2018. On the other hand, Defendants Imelda Marcos and
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Irene Marcos-Araneta have filed their Memorandum dated 6 July 2018, praying that
the Court render judgment in favor of Defendants ordering the dismissal of the
complaint. Defendant Gregorio Araneta III filed his Motion for Accounting and
Release of Sequestered Properties, which was heard on June 1, 2018. Per order of
the Court, Araneta III filed an Amended Motion for Release of Sequestered Properties
dated 17 June 2018, to which the RP filed its Comment/Opposition. Parties have yet
to file their corresponding comments and manifestations for the said matter to be
submitted for Resolution.
3. CIVIL CASE NO. 0009 CONSOLIDATED WITH CIVIL CASE NOS. 0043, 0045, 0051,
130 AND 135
RP vs. Jose L. Africa, Jr. et. al.
In a Resolution dated 18 January 2017, the Supreme Court DISMISSED the petition for
certiorari filed by Victor Africa who sought the review and nullification of a
Sandiganbayan resolutions issued on 30 April 2010 and 18 October 2010 denying the
motion to accept by way of dation en pago parcels of land owned by POTC to cover
the interests due on the dividends to Polygon.
In a Minute Resolution dated Oct. 12, 2017, the Sandiganbayan deemed submitted
for Resolution the Motion for Reconsideration with Prayer for Modified Reliefs filed
by Atty. Victor Africa, ETPI’s Comment and Opposition to the Africa’s Motion, and
Reply thereto filed by Atty. Africa.
The Republic filed a Motion to Resolve the Main Case on February 8, 2018.
Meanwhile, on the issue regarding the prior approval of the Sandiganbayan calling of
a Stockholders’ Meeting for Eastern Telecommunications Philippines, Inc. (ETPI) for
the purpose of electing the Board of Directors, focusing on the one (1) Board seat
representing the 22.2% sequestered shares, was submitted for Resolution on
October 15, 2018.
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4. CIVIL CASE NO. 0010
RP vs. Alfredo T. Romualdez, et al.
On September 27, 2018, the Sandiganbayan Fourth Division adopted the Resolution
declaring defendant Alfredo T. Romualdez in default and allowing RP to present its
evidence ex parte.
As recognized by the Court, the Heirs of defendant Roman A. Cruz, Jr. are negotiating
for a compromise settlement for the termination of this case against them, which
includes Civil Cases No. 0006, 0014 and 0034 and Civil Case No. 0014 In the
meantime, court settings were being reset to give way to the negotiations.
In a Memorandum dated Sept. 13, 2018, the Court said that Respondents Ramon S.
Monzon, Generosa Olazo, Cynthia Cheon and Ma. Luisa E. Nograles were dropped as
defendants.Likewise, in a Resolution promulgated on Nov. 5, 2018, the Court ordered
that the name of Roberto S. Benedicto be dropped as party-defendant pursuant to
the Compromise Agreement approved by the Court on November 3, 1990, and for his
failure to appear in the previous court settings, is deemed to have waived his right to
present evidence.
6. SB -17-CVL-0001
RP vs. Juan C. Tuvera, Victor Tuvera, Twin Peaks Development Corporation, et al.
RP has filed its Position Paper dated July 2, 2018. The Court also denied Rafael and
Ma. Teresa P. Tuvera’s Motion to Dismiss.
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7. CIVIL CASE NO. 0141
RP v. Ferdinand E. Marcos (represented by his Estate/Heirs) and Imelda R. Marcos
Partial Summary Judgments have already been made by the Sandiganbayan and
affirmed by the Supreme Court declaring the forfeiture of the Malacañang
jewelry collection. (Estate of Ferdinand Marcos/Imelda Marcos vs Republic, G.R.
213027/213253, Jan. 18, 2017).
In a Decision promulgated 18 January 2017, the Supreme Court dismissed the appeal
filed by the Marcoses and affirmed the Partial Summary Judgment rendered by the
Sandiganbayan insofar as the Malacanang Jewelry Collection is concerned. A Motion
for Reconsideration dated 28 February 2017 was filed by the Marcoses which was
denied with finality in the Resolution dated 25 April 2017.
The Sheriffs were able to attach fifteen (15) paintings and which were initially
deposited with the BSP. The paintings were transferred to the National Museum on
01 February 2015.
The Estate of Ferdinand Marcos and Imelda R. filed a Motion to Quash Writ of
Preliminary Attachment which was denied in a resolution dated 2 March 2015.
The Marcoses filed a petition for certiorari before the Supreme Court docketed
as GR No. 217901 which was denied with finality in a Resolution dated
11 September 2017. The SC said that considering that the basic issues have already
been passed upon and that there is no substantial argument to warrant a
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modification of said Resolution, denied the reconsideration with FINALITY, and that
NO FURTHER pleading or motion shall be entertained. Entry of Judgement was
issued on September 11, 2017.
On 4 March 2016, RP filed a Motion for Partial Summary Judgment praying, among
others, the forfeiture of the valuable works of art listed in Annexes A to C inclusive of
the paintings seized from Vilma Bautista in NYC and the Water-Lily already sold in
2010.
The Republic has recently finished the presentation of witnesses on January 9, 2019,
and is due to file its Formal Offer of Evidence on February 9, 2019.
In a Resolution promulgated on 7 August 2018, the Court GRANTED the Motion For
Reconsideration filed by the plaintiff RP on 23 January 2018. Writ of Partial Execution
was ordered to be issued to implement the Supreme Court Decision in GR Nos.
177857-58 and 178193, which affirmed the Partial Summary Judgment of the Court
dated May 7, 2004, finding that the CIIF Companies, the 14 Holdings Companies,
and the CIIF Block of SMC shares are owned by plaintiff RP. In accordance with
Section 4 of Executive Order No. 180, s. 2015, the PCGG, the BTr, the Governance
Commission for GOCC, the OSG, the government representatives to the board of
sequestered or surrendered corporations, and any government agency having any
coconut levy asset in their administration, authority, custody or control, are hereby
directed to immediately and without further delay cede, transfer, convey and/or
reconvey title to the plaintiff RP of the shares of stock in the 6 CIIF Companies and
the 14 CIIF Holding Companies, as well as deposit money and funds constituting the
coconut levy or accruing from the coconut levy assets in the Special Account in the
General Fund for Coco Levies with the Bureau of Treasury with respect to the
753,848,312 Converted SMC Series Preferred Shares, including all dividends,
declared, paid or issued after September 17, 2009, proceeds from the redemption on
October 05, 2012, and all income, interest, or profits derived from these assets, to be
used only for the benefit of all coconut farmers and for the development of coconut
industry.
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Thereafter, after several motions filed by movants COCOLIFE, UCPB and CIIF Oil Mills
Group, in a Resolution promulgated on Dec. 3, 2018, the Court held that the Motion
for Reconsideration (Re: Resolution dated 7 August 2018) and the Motion for
Reconsideration (Re Denial of the Omnibus Motion dated September 25, 2018
filed by COCOLIFE, the Motion for Recon (of Resolution dated 7 August 2018) filed by
the CIIF Oil Mills Group and the 14 Holding Companies are DENIED for lack of merit.
On September 19, 2018, the Court resolved to denied RP’s Motion for Partial
Reconsideration dated June 10, 2002 and the Manifestation and Omnibus Motion
dated 26 February 2007 insofar as the prayer of the reconsideration of the
Court’s 23 May 2002 Decision for lack of merit.
Although, the OSG filed a Motion for Extension of Time to File Petition for Review on
Certiorari, upon consultation with PCGG and with due certification from the Asset
Management Department and Research and Development Department that there
are no other documents to support the RP’s case against Balbanero in the custody
of PCGG, OSG withdrew the said Motion for Extension.
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10. 14 Civ 890 KPF
Interpleader case of the District Attorney of New York (DANY) v. Republic of the
Philippines, Jose Duran, et al.,
PCGG then chaired by Andres D. Bautista, authorized Simon & Partners LLP to
exercise a limited waiver of sovereign immunity and litigate the said case.
SolGen Calida recommended to the Office of the President and the PCGG the
withdrawal of the Republic’s limited waiver of sovereign immunity. The Republic filed
a Motion to Dismiss and Motion to Stay based on the following grounds: (i) the
PCGG’s limited waiver of sovereign immunity was invalid; ii) international comity
requires dismissal of this action; and (iii) the act of state doctrine mandates that the
Court decline to exercise jurisdiction. The Court denied the Republic’s aforesaid
Motions.
Parties, with the careful scrutiny of the court, are now negotiating settlement.
However, if negotiations fail, the case is scheduled for trial on April 29, 2019.
a. TURN-OVER PROCEEDINGS
Swezey, et al. v. Merrill Lynch, New York City Dept. of Finance, PNB and the
USA, Index No. 155600/2013, Supreme Court of the State of New York,
Appellate Division, First Department
Swezey and Jose Duran, on behalf of the HRVs, filed a petition for the issuance of the
writ of execution and turnover order requiring respondents to transfer all property
held for, or in the account of Arelma to the settlement fund for the HRVs maintained
by the Clerk of the US District Court for the District of Hawaii. On October 2013,
PNB filed a Motion to Intervene and Dismiss the Proceedings on the ground, among
others, that an enforcement against the Republic would be premature since the
Phil. Supreme Court judgment on the forfeiture of the Arelma funds has not become
final and executory.
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On February 2014, the NYSC granted PNB’s motion to stay the proceedings. On May
2016, Petitioners by then have filed up to four Motions to Vacate the Stay, the NYSC
Appellate Division and the Court of Appeals have denied these motion.
b. ENFORCEMENT PROCEEDINGS
US District Court for the District of Columbia Case No. 1:16-MC-01339-RJL In Re:
Enforcement of Philippine Judgment Against All Assets of Arelma, S.A., Formerly
Held at Merrill Lynch, Pierce, Fenner & Smith, Incorporated, including but not
limited to, Accounting Number 165-07312, and Benefits Accruing or Traceable
Thereto
RP thru PCGG filed Civil Case No. 0141, Republic v. Marcos, et al., a forfeiture case
pursuant to R.A. 1379. Among the various ill-gotten assets sought to be forfeited in
the case are Arelma and its funds and properties, treasury notes, shares of stock in
various corporations, valuable paintings of foreign and local masters and other works
of art, vast collections of jewelry, other valuable real and personal properties not
included in Civil Case No. 0002.
On April 25, 2012, the SC ruled declaring the forfeiture of all assets belonging
to Arelma, S.A. with an estimated amount of USD 3,369,975 as of 1983
(now, approximately USD 38M). The motion for partial execution with the
Sandiganbayan was granted on August 8, 2014. Thereafter, RP formally requested the
assistance of the US DOJ to enforce the judgment pursuant to the Mutual Legal
Assistance Treaty (MLAT). Enforcement of judgment is still pending.
On February 2017, the US DOJ and Duran filed a joint status report with the
US District Court providing updates on their discussions. On June 2017, Mayer Brown,
counsel of PNB in the turn-over proceedings informed the latter of their entry of
appearance in the enforcement proceedings on behalf of PNB.
January 19, 2018, the Intervenors represented by Robert Swift filed a Motion for
Change of Venue from the US District Court for the District of Columbia to the
Southern District Court of New York, to be tried together with the DANY case.
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CENSUS PCGG PENDING CASES
As of 31 December 2018
I. CIVIL CASES
A. Sandiganbayan
Filed by PCGG
Forfeiture 9
Reconveyance,
Restitution,
Accounting 41
and Damages
Other cases 5
Filed
Against 17
PCGG
B. Metropolitan Trial Court
5
C. Regional Trial Court
54
D. Court of Appeals
30
E. Supreme Court
73
II. CRIMINAL CASES
Behest 22
Loans
Other
criminal 18
cases
III. FOREIGN CASES
USA 2
Switzerland 1
IV. OTHER RELATED CASES
a. LRA 4
b. DARAB 2
c. NLRC 1
TOTAL 284
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Estimated Valuation of Assets under Litigation
Nineteen (19) Civil Cases Pending with the SandiganBayan
As of 31 December 2018
Civil Real
No. Defendants Shares of Stocks TOTAL
Case Properties
Please see Annex “D” for Status Of Pending PCGG Recovery And Other Related Civil Cases as of
December, 2018; Annex “E” for PCGG Criminal Cases; Annex “F” for the Status of Pending Behest Loans Cases;
Annex “G” for the List of Cases Filed Against PCGG; and Annex “H” for the Status of IRC Group Cases.
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SEQUESTERED ASSETS
A. Preservation and Monitoring of Sequestered Assets
and Properties
1.1 Managed six (6) condominium units and collected PhP2,394,519.60 from
lease rental payments.
1.4 Lessee (Ms. Veronica Abordo) for units AA-212 and AA-318, already
complied with the compromise settlement of rental receivables.
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Region VIII Assets and Properties (Tacloban City, Leyte)
2.1 OPERATIONS
Region 8 operations for the year 2018 resulted with a gross income
or gross receipts of P4,931,427.00 compared to 2017 income of
P4,634,036.00 or an increase in income of P297,391.00.
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e) Recommended and endorsed vouchers for Tacloban payroll, utilities
and other payables for approval of the AMD Director or
Commissioner-in-Charge.
4. Secured copies of the latest corporate documents from Securities & Exchange
Commission (i.e. Articles of Incorporation, By-Laws, General Information
Sheet, Financial Statement, etc.) regarding sequestered and surrendered
corporations.
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C. Accounting and Monitoring of Sequestered Assets
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D. Research Work, Records Verification and Ocular
Inspection
3. Submitted a report and drafted a reply regarding the 2 April 2018 letter from
the Presidential Complaint Center forwarding the 13 November 2017 letter
from Mr. Antonio E. Baguinaon of Lianga Bay Workers Retirees Shareholders
Association, Inc. (LB-WORSHA) regarding LB-WORSHA’s alleged shares and
interest on the assets and properties of the defunct Lianga Bay Logging Co.,
Inc.
4. Prepared a report regarding TCT Nos. T-51424 and T-51425 in the name of
Balete Ranch, Inc. in response to the 20 August 2018 letter-request of Atty.
Martin A. Loon requesting for an issuance of an Order directing the Registry of
Deeds to remove the annotations of sequestration on the aforesaid TCT Nos.
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7. Secured certified true copies of TCT No. 57183 located in Antipolo City,
registered in the name of Roman Cruz, Jr., and TCT Nos. T-19206 and T-18920
registered in the name of Seven Royalties Devt. Co., with annotation of notice
of lis pendens issued by PCGG.
8. Requested with LRA and obtained certified true copies of TCTs located in
La Union and Negros Occidental registered in the name of Eduardo
Cojuangco, Jr. and Andres Genito, Jr, respectively, subject of Civil Case
No. 0033 and Civil Case No. 0004.
Obtained certified true copy of TCT No. 361357 registered in the name of
Roman A. Cruz, Jr. from the Registry of Deeds of Marikina.
11. Drafted and forwarded letter- reply for the Acting Chairperson re:
(1) Quezon City property in the name of the Overseas Bank of Manila under
Civil Case No. 0017, and (2) Roman Cruz, Jr. Baguio property subject of
Civil Case No. 0006.
12. Attended the Senate hearing on the proposed Bill strengthening the Office of
the Solicitor General (OSG).
14. Prepared and collated photocopies of titles and tax declarations re: real
properties under Civil Case No. 0167 per request of the Legal Department for
appraisal of subject properties.
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15. Retrieved copies of GIS, FS and By-Laws from the SEC of the following
corporations:
a. Piedras Petroleum Co., Inc.
b. Bataan Baseco Joint Venture, Inc.
c. Coco Levy companies.
17. Secured certified true copies of TCT and Tax Declaration of the
abovementioned CIC property.
18. Endorsed to the Bids and Awards Committee re request for appraisal of real
estate properties for privatization/disposal and under litigation with the
Sandiganbayan.
19. Assisted in the physical inventory of various old LP Vinyl Records in the
presence of COA representatives.
21. Secured certified true copy of Tax Declaration of Alejo Ganut’s Caloocan
property.
22. Undertook review and updating of the AMD operational procedures and
guidelines.
24. Undertook inventory of all certified true copies of titles obtained by AMD.
25. Undertake ocular inspection together with PCGG top officials on the Sto. Nino
Shrine & Heritage Museum and Peoples Center Library.
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26. Coordinated with Register of Deeds of Muntinlupa, Calamba, and Sta. Cuz,
Laguna to procure documentary support for the litigation of Civil Case
No. 0026.
27. Coordinated with the Land Registration Authority (LRA) Head Office for
the printing of the TCTs listed in Civil Case No. 0026, “R.P. v Remedios Argana,
et al” requested from the abovementioned Registers of Deeds.
30. Coordinated with Dr. Eusebio Dizon of National Museum for assistance on the
preservation of valuable work of arts and paintings.
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E. PRIVATIZATION/SURRENDERED ASSETS
E.1 Initiated the appraisal in coordination with the Asset Managment Division
and obtained the latest appraised value of the following properties:
I - Real Estate:
a. Bugarin Tagaytay and Mindoro properties;
b. IRC GMA, Cavite property;
c. BREDCO Bacolod City property .
d. Galleria de Magallanes six (6) condominium units
e. Two (2) parcels of land located at Menlo, Pasay City
f. BBC-Naga property
a. TCTs
b. Tax Declaration
c. Area of Property
d. Location
9. Prepared proposal for the sale of real properties of Alejo Ganut, etc.
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10. Prepared invite to Sothebys, Christies and Bonhams for the auction of
Marcos Jewelry collections.
11. Coordinated with the Manila Polo Club Board of Directors for the latest
status of J. Bugarin membership/account.
12. Prepared minutes of meeting of BoC and PCGG meeting re: auction of
Marcos Jewelries.
15. Prepared reply to COA audit observations and findings with status of
implementation.
16. Coordinated with the Department of Agrarian Reform (DAR) for the list of
surrendered properties of IRC Group of Companies covered by CARP.
17. Coordinated with Agrarian Reform Operations 4-A of Land Bank of the
Philippines-Los Baños (LBP-UPLB) for list of the IRC Group of Companies
agricultural land with deposited proceeds from the compensation of the
CARP coverage.
19. Coordinated with the DAR for the identification and location of
surrendered landholdings exempted from CARP coverage.
20. Applied transfer of title of BBC real property in Naga City. New TCT in the
name of the Republic of the Philippines is now available with the Register
of Deeds of Naga City for pick-up.
21. Undertake application for transfer of titles of four Ganut real properties in
Caloocan City in the name of the Republic of the Philippines.
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E.2 PRIVATIZATION/SURRENDERED ASSETS
1) PrC approved properties for disposal of sixteen (16) real properties and one
(1) club share worth PhP59 million:
2 R.P./Jolly Bugarin 1
Brgy. Sto. Nino Puerto Galera, Oriental Mindoro
4 R.P./ Ganut 3
Alejo & Teresita Ganut Caloocan properties
5 R.P. 1
BBC Naga
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3) Prepared and coordinated with SHFC regarding status of Community
Mortgage Program (CMP) for GMA and BREDCO as required byPrivatization
Council.
4) Coordinated with BoC for the disposal of the Republic’s Jewelry Collections
under custody of PCGG and BoC.
- Send correspondence to Christies’, Bonhams & Sotheby’s for the possible
auction and appraisal of the Jewelry Items
- Prepared Briefer regarding Republic’s Jewelry Collections
- Requested PrC for the approval of Joint Committee for the allowance of
reappraisal of Jewelry Collections
38
8. Conducted inventory of LP Vinyl Records.
a) Submitted to the Commission the inventory of BBC DXWG’s 1,075 pcs. of
LP Vinyl Records
39
E.III OTHERS
2. Waiting for the directives from the Office of the Presiodent and
Department of Finance to dispose the Republic’s Jewelry Collections.
40
RESEARCH AND DEVELOPMENT DEPARTMENT
Accomplishment Report
1.) Review and Evaluation of the additional coco levy assets investigated and
identified, including the assessment of documents of ownership of the
properties gathered, proposed appraisal of coco levy assets identified, and
identification of non-cash assets for privatization.
41
9.) Submitted a letter-reply to Deputy Executive Ryan Alvin Acosta re: Comments
and recommendation on the consolidated bill SB No. 1233/HB No. 5745,
entitled “An Act Creating the Coconut Farmers and Industry Trust Fund,
Providing for its Management and Utilization and for Other Purposes.
10.) Sent letter-reply to Ms. Carmelita P. Beciera of Davao Del Norte, regarding the
Coco Levy Fund Transfer Documents into Special Account of the BTR.
11.) Submission of the report on the spurious origin of a Union Bank of Switzerland
(UBS) Financial Services, Inc. documents on the alleged US$5 Billion Certificate
Deposited at the UBS.
12.) Filed a Reply to the Answer of COA Auditors De Veyra and Rubico in
connection to the Notice of Disallowance No. 18-002-151/101 (16) dated
January 9, 2018 to the Director of Cluster IV of the COA.
14.) Assistance in the preparation of the Answer to the COA Order in COA CP Case
No. 2018-517, Land Bank of the Philippines versus PCGG.
15.) Submission of a list of the U.S. bank accounts of the Marcoses, and copies of
Compromise Agreements and a copy of the Settlement Agreement on the
California RICO Civil Case.
16.) Requested the Tacloban Supervisor, Renor Dauag, to pay the Assistant City
Assessor of Tacloban City, Danilo G. Demillo, P 1,365.00, for copies of 21 Tax
Declarations, subject of letter request dated January 30, 2018. This is to
determine who are the present owners of the Tacloban properties, subject of
CC No. 002.
17.) Submission of a PCGG Roadmap for the next ten years, per request of
Senator Richard Gordon in the Senate Hearing to abolish the agency.
18.) Attendance to the Coco Levy Hearing at the Senate Plenary regarding the
Effect of the Resolution Issued by the Sandiganbayan in Civil Case No. 33-F,
42
allowing UCPB and Coco Life to expound on their positions relative to the
Motion for Partial Execution of the OSG.
19.) Attended OSG meeting with ASG John Madamba and SSG Thelma Sadoy, on
the foreclosure, forfeiture, and auction proceedings conducted on the
Tacloban Properties of the Marcoses.
20.) Sent letter to BIR Commissioner Caesar R. Dulay requesting for confirmation
on the foreclosure, forfeiture, and auction proceedings conducted by the
Bureau of Internal Revenue (BIR) on the Tacloban Properties of the Marcoses.
21.) Submitted a report of Inventory of the Sequestered Items located in Sto. Nino
Shrine and Heritage Museum, Tacloban City , to Honorable John Emmanuel F.
Madamba, Assistant Solicitor General of the Office of the Solicitor General:
22.) Denial of the demand letter of Wilfredo M. Garrido, Jr. of the Arteche Garrido
and Associates Law Office for PCGG to pay the 10% share of his client,
Reiner Jacobi, of the US$650 Million deposits recovered by PCGG, and the
alleged gold deposit at Union Bank of Switzerland.
24.) Drafted a reply letter for comment and recommendation on the Draft
Executive Order from the Department of Agrarian Reform (DAR) entitled
“Accelerating and ensuring the immediate identification and segregation of all
unclassified lands of the public domain and the land owned by government or
by any agencies and instrumentalities which are suitable for agricultural
purposes and the transfer of such lands to the DAR for distribution to
qualified beneficiaries”.
43
Government Owned and Controlled Corporations dated February 15, 2016,
recognizing the regulatory jurisdiction of GCG under R. A. No. 10149.
The previous Commission turned over to the GCG the regulation, supervision
and oversight functions over the 14 Holding Companies, namely:
1. ASC Investors, Inc.
2. ARC Investors, Inc.
3. AP Holdings, Inc.
4. Anglo Ventures Corporation
5. Fernandez Holdings, Inc.
6. First Meridian Development Company
7. Randy Allied Ventures, Inc.
8. Rock Steel Resources, Inc.
9. Roxas Shares, Inc.
10. SMC Officers Corporation, Inc.
11. Te Deum Resources, Inc.
12. Toda Holdings, Inc.
13. Soriano Shares, Inc.
14. Valhalla Properties, Inc.
28.) Conducted a dialogue with Duly Licensed Real Estate Property Appraisers in
the conduct of appraisal of surrendered and sequestered properties of the
Commission.
44
29.) Delegation of the Alternative Methods of Procurement to the Administrative
Services Division of the Finance and Administration Department, pursuant to
R-IRR of R. A. 9184.
30.) Submission to the Legal Department copies of the Annexes to the Appeal
Memorandum dated February 12, 2018.
32.) Coordination for the release of certified true copies of Documents in Civil Case
No. 002 linking Gregorio Araneta to certain corporations.
33.) Assistance to the Asset Management Division in their request for annotation
of Notice of Lis Pendens and sequestration on the certificate of title of
Cocofed Building located at 144 Amorsolo Street, Legazpi Village, Makati.
34.) Requested for certified true copies of TCT No. 361357 with the Register of
Deeds located in Antipolo City.
35.) Retrieved and issued certified true copies of documents of the following
cases.
a. Civil Case No. 0014 – RP vs. Modesto Enriquez, et.al
b. Civil Case No. 0093 – OCPL vs. PCGG
c. Civil Case No. 0010 – RP vs. A. Romualdez, et.al.
d. Civil Case No. 0026-RP vs. R. Argana, et.al.
45
38.) Referral to the AMD on the status sequestration of the following properties:
a. TCT No. (25817) S-27603 located in Makati City.
b. TCT No. 164407 located in Marikina City.
c. TCT No. 151218 located in Antipolo and Cainta
All the above are properties registered in the name of the late Ramon U.
Cojuangco.
40.) Submission of a memo clarifying whether or not the April 15, 1987 Freeze
Order to Former Governor Jose B. Fernandez, Jr., to All Commercial Banks and
Non-Bank Financial Institution is still valid to date. In response to the email
query of Mr. Timothy H. Tan, PCGG to inform BSP that the freeze order dated
April 15, 1987 is still valid and effective, and in fact, reiterated anew in BSP
Memorandum No. M-2010-006 dated March 29, 2010.
41.) Attendance to the AMD Ad-Hoc Committee Meetings to discuss and resolve
various AMD matters.
42.) Attendance to a conference with OSG lawyers on TCT No. T-3034 located in
Baguio City and registered in the name of Ramon U. Cojuangco.
43.) Submission of a letter request to the Bureau of the Treasury for the Issuance
of a Credit Memo in order to recognize and record in the books of PCGG all
interest income earned of BTR account, entitled “Cash Retained with the BSP-
TSA under PCGG Escrow Account on Government Securities in Trust for the
CIIF Holding Companies.
46
46.) Gathering of various documents as requested by Legal Department re; Civil
Case No. 0053, RP vs. Gen. Balbanero.
47.) Submission of a report on the status of PNCC, Resort Hotel and Pines Hotel.
48.) Submission of facts and figures and action plan of PCGG to take up in the
books the unrecorded interest income of the coco levy fund covering the
period June 2015 up to March 2018.
49.) Reviewed guidelines and terms of reference on the sealed public bidding for
the procurement of Property Appraisal Services for the sequestered
properties of the Commission.
51.) Attendance to the 2018 SMC Annual Stockholders Meeting at the Valle Verde,
Pasig City.
52.) Verification of the actual cash dividends received by PCGG from SMC covering
the year 2017 up to March 2018
55.) Submission of the Revised Policy and Procedures Manual of the Research
Department.
56.) Recommendation for the filling up vacant casual and contractual plantillla
positions in the Research Department to qualified Job Order employees of
the Research Department, Asset Management Department, and Legal
Department.
47
57.) Submission of Monthly Disbursement Program for the 2nd Semester, FY 2018.
60.) Attendance and participation in the Strategic Planning Workshop for 2019,
held on December 5-7, 2018 at the Development Academy of the Philippines,
Tagaytay City.
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B. TRACKING OF DEFENDANTS and WITNESSES
Maintained continuous linkages with other government agencies such as the
Bureau of Immigration and Deportation (BID), National Bureau of Investigation
(NBI), Department of Foreign Affairs (DFA), Philippine Statistics Authority
(PSA), Land Registration Agency (LRA), Registers of Deeds, Assessors’ Offices,
Securities and Exchange Commission (SEC), local government units and other
possible sources of information.
49
3.) Secured and obtained additional addresses of various defendants in Civil Case
No. 0058, Civil Case No. 0058, “Republic of the Philippines vs. Juan C. Tuvera,
et al, and the identification of the names and additional addresses of
individuals sitting as President, Managing Partners, Corporate Secretaries,
Treasurer and In-House Counsels of several defendant corporations.
4.) Secured and obtained the additional addresses of various defendants in Civil
Case No. 0167 entitled RP vs Alfredo T. Romualdez, and the office address of
Robinsons Land Corporation.
50
6.) Submitted to the Legal Dept. a memorandum in connection with their request
for information and various documents of the following corporation:
7.) Sent various letters to the NBI, DFA, Immigration, LTO, NSO and COMELEC for
the last known addresses of several defendants in Civil Case No. 0182,
“Republic of the Philippines vs. Investa Corporation, et al.,
1. Eugenio C. Alvaran
2. Luz Litonjua-Yap
3. Ignacio D. Debuque, Jr.
4. Asuncion Flores Bugayong
5. Manuel L. Yap
6. Rogelio G. Soledad
7. Ma. Elena S. Soledad
8. Pablo Bernardo
9. Susan S. Silverio
10. Crispin Bautista
11. Cenon Cervantes, Jr
12. Leonor Hernandez
13. John A. Wolfe
14. Felisa B. Baguilat
15. Eduardo C. Zialcita
16. Jaime F. De Ano
17. Adonis V. Javier
18. Antonio S. Macalinao
19. Delano C. Portacio
20. Feliano H. Salvana
21. Evelyn F. Fontanilla
22. Expectation B. Baldeo
51
8.) Assistance to the Legal Dept. and AMD in preparation of findings, observation
and conclusion on the request of Atty. Martin A. Loon, counsel of Balete
Ranch, Inc.(BRI) for removal of annotation on two parcels of land owned by
Balete Ranch Inc.(TCT Nos. 51424 and T-51425)located in Davao Del Sur.
9.) Sent letter request to locate new addresses of defendants in G.R. No. 195837
(RP vs Sandiganbayan 5th Division), G.R. No. 198221 (R.P. vs Sandiganbayan,
et al.,), G.R. No. 198974 (R.P. vs Sandiganbayan 5th Division), and G.R. No.
203592 (R.P. vs Lucio Tan, et al), and Civil Case No. 0058 (RP vs. Juan C.
Tuvera, et al.), regarding the addresses of:
1. Concepcion B. Licaros
2. Abelardo B. Licaros
3. Atty. Ernesto Vinluan Perez
Reports were submitted to the Legal Department on the names and addresses
of persons referred to above.
11.) Sent letter request to the Security and Exchange Commission (SEC) for
certified copies of Article of Incorporation (AI) General Information Sheet (GIS)
and the latest Financial Statements (FS) of Coconut Investment Company.
12.) Sent letter request to the office of Land Registration Authority (LRA) for
certified copies of TCT’s of real properties and landholdings registered under
the names of the following corporations.
52
7. Philippine Integrated Meat Corporation
8. Philippine Asphalt Technology Corporation
9. Razon International Stevedoring Corp.
10. Resort Hotel Corp.
11. Basey Wood Industries, Inc.
12. Philippine Overseas Drilling and Development Corporation
13.) Sent letter to DENR requesting information if the corporation listed hereunder
have been previously granted special permits and licenses for timber
operations, aggregate mining, quarrying and other related activities:
53
C. PCGG’s CONTINUING FREEDOM OF INFORMATION (FOI) EFFORTS
Without losing sight of its sensitive quasi-judicial role of being the only
government agency tasked to recover the ill-gotten wealth of the Marcoses and
their business associates, PCGG acted, decided and responded to the people’s
constitutional right to information on matters of public concern. It continued to
be transparent, consultative and participative in order to ensure the quality of
information obtained by the requesting public is legitimate, timely, truthful,
honest, direct, relevant and useful to their immediate concerns and needs.
Having been shortlisted as one of the 3 nominees to the FOI Awards for
exceptional and/or significant contributions to the FOI programs’ progress and
development among the 217 government agencies in 2017 and one of the 143
National Government Agencies issued with a Certificate of Compliance for being
fully-compliant with the requirements set forth by the Inter-Agency Task Force on
the Harmonization of National Government Performance Monitoring Information,
and Reporting Systems (AO 25 Task Force) through its Memorandum Circular No.
2017-1, Section 5 (MC No. 2017-1, Sec. 5), PCGG’s FOI Team sustained these
achievements through continuous process improvement implemented in 2018. It
has streamlined the FOI process by reducing the number of steps necessary to
compete the service that resulted to the reduction of turnaround time and
completion of the transaction within 15 days.
54
Received and immediately responded to a total of ten (10) various requests for
information, under the Freedom of Information (FOI), as provided under
Executive Order No 2, series of 2016, notable of which are the following:
2. Request of Leona Montero regarding the UCPB shares of her late husband.
7. Request of Mr. Albert Tijam, Jr., for a List of Cases Filed by PCGG or Other
Government Instrumentality of Philippine Government.
10. Request of Mr. Vincent James Aquilar for an interview re: Martial Law
declared by former President Ferdinand E. Marcos during 1972-1986.
55
D. LIBRARY AND RECORDS DIVISION:
4. Assist lawyers / researchers doing research work at the Library and other
FOI requests.
GOALS/TARGETS
56
E. MANAGEMENT INFORMATION SYSTEM DIVISION:
Ad-Hoc
1. DICT Fiber Optic Network Cabling – Coordinated with DICT to move project
forward resulting in DICT service provider completing survey of PCGG
premises on network cabling requirements to connect the Commission with
the DICT fiber network
57
Recurring:
5. Design and present lay-out of graphic materials for tarpaulin, banners and
presentations for the different departments
a. 3 tarpaulins/banners for the QMS committee
b. 2 tarpaulins for HRDD
c. 19 Office ID related requests for HRDD
58
PCGG GENDER AND DEVELOPMENT ACCOMPLISHMENT
FY 2018
2 Strategic Gender and Development Planning Workshop March 22, 23 & 24, 2018
59
Men Opposed to Violence Against Women Everywhere
(MOVE) PCGG Chapter
The following activities/programs were undertaken by the PCGG MOVE for CY 2018:
1. MOVE TO ELIMINATE VAWC WITH PNP WCPC (PCINSP Herlyn Kristine Lazaro &
PSSUPT Villamor Tuliao), July 24, 2018
- Violence against women and children is one of the most common and persistent
forms of human rights abuses. Based on the Annual Gender and Development Plan
and Budget for 2018, the lack of opportunities for men employees to gender-based
anti-VAWC related activities can be supported by the conduct of this MOVE activity
entitled “MOVE to Eliminate VAWC with PNP WCPC.” This lecture aimed to examine
how PNP as duty bearers to ensure women and girls, as rights holders, are able to
claim their rights. One of the main objectives of MOVE is to capacitate men to speak
out against VAWC and work towards its eradication, hence, this lecture helped raise
awareness of MOVE members and other PCGG employees on their role in gender
equality and the prevention and elimination of VAWC.
2. TALK SERIES #1 Breastfeeding: Its Benefits and How to Make Breastfeeding Work
While Working (Mary Gaborni), August 31, 2018
- August is the breastfeeding month with August 1 to 7 marked the World
Breastfeeding Week 2018. Celebrated every year to encourage and support
breastfeeding in an effort to improve health of babies around the world. The talk
centered on the benefits of breastfeeding and how a mom returning to work can
continue to exclusively breastfeed her baby.
60
mothers who raise their children by themselves, either because of the death of a
spouse, abandonment, separation, or even those who have children as a result of
rape. This law also considers as a solo parent those who are left to care for children
not their own, such as nephews, nieces, or godchildren. So long as you are a person
solely responsible for the upbringing of a child, you are considered a solo parent
under this Act. With the help of RA 8972, solo parent employees, who are solely
taking care of their children can reap the exclusive benefits provided by the
government. Section 7 of RA 8972 mandates that no employer shall discriminate
against any solo-parent employee with respect to terms and conditions of
employment on account of his/her status. Thus, employers of solo-parent employees
should be guided by the employment-related benefits available to all solo parents.
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the Elimination of Violence Against Women and Children, PCGG MOVE held a film
showing on top of the awareness drive on December 10, 2018 (see below). This
year’s theme was still “VAW-free community starts with me.”
62
PCGG COMMITTEE ON SENIOR CITIZENS AND
DIFFERENTLY ABLED PERSONS
FY 2018 Accomplishment
The PCGG Committee on Senior Citizens and Differently Abled Persons, in accordance
with its “Work at Home Entrepreneurship” endeavor, with a purpose to uplift the
economic and social conditions (capability building) of its members, conducted a
seminar on urban farming held at the Joy of Urban Farming at the Quezon Memorial
Circle (A pet Project of Quezon City Vice Mayor Joy Belmonte) with the topic, “Basics
of Urban Organic Gardening”. Twenty-three members of the group attended the
seminar.
The group also conducted a cultural visit to the Manuel L. Quezon Heritage Home,
Quezon City X Museum, and the Manila Seedling Bank.
The PCGG Senior Citizens and Differently-Abled Personnel Committee had the
following Projects and Activities for the year 2018:
2. Conducted Seminar on Health and Wellness with the topic on “Enhancing the
knowledge of PCGG Senior Citizens and PWDs in Relation to RA Nos. 9994 and
9442; and The Familiarization and Use of Herbal and Medicinal Plants” which
was held on August 29, 30 and 31, 2018 at the Philippine Judicial Academy
(PhiIja) Training Center in Tagaytay City. Atty. Ma. Luz Raval(U.P) and Mr. Manuel
D. Ching (Bureau of Plants) as the Resource person respectively.
3. Seniors and PWDs: Celebration of Elderly Filipino Week was held at the “Art In
Island” 3D Interactive Museum in Quezon City on October 5, 2018.
63
4. Conducted GSIS and Philhealth seminar on retirement benefits and privileges
held on November 27, 2018 at the PCGG, Salonga room, IRC Bldg. EDSA,
Mandaluyong City. Resource speaker from the office of GSIS and Philhealth
were invited to conducted the seminar and attended by more than 40
employees.
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OTHER ACTIVITIES
The PCGG Human Resource Division prepared and coordinated the conduct of the
following programs/seminars/activities for FY 2018:
June 21-22 & 28-29, 2018 Mandatory Continuing Legal Education (MCLE) 4
65
Challenges and Constraints
Despite these efforts and initiatives, there remain issues that constrain and impinge
upon the ability of the Commission to perform its functions:
Due Process Requirements. The slow pace of justice that hinders the resolution
of cases. Due process requirements under the Constitution vis-à-vis incessant
employment of delaying tactics being employed by the defendants. Strict application
of the rules of procedures considering that the PCGG cases are sui generis.
Contentious Issues. Thorny issues, both legal and political abound, with regard to
matters like Payanig sa Pasig, Philcomsat, and properties disposed by defendants
despite their sequestration.
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Knowledge Management. The Commission has a wealth of institutional learning
which, unfortunately, are deeply personalistic. Although the Commission is not short
of competent personnel, there is a challenge to transmogrify “institutional memory”
(reposed in these persons) into tangible and rigorous data.
67