Byline: REY G. PANALIGAN

The Supreme Court (SC) has junked an appeal of the Presidential Commission on Good Government (PCGG) to reverse a 1996 Sandiganbayan ruling that denied the agency's motion to dismiss the suit filed by a sequestered firm seeking assistance in the lifting of the

In a decision written by Justice Dante O. Tinga, the SC ruled that the suit filed by Officeco Holdings, N.V. against the PCGG and the Office of the Solicitor General (OSG) before the Sandiganbayan should be allowed to proceed to determine the truth on the allegations of the parties.

Officeco Holdings had asked the PCGG to make representations with the Swiss government for the lifting of the freeze order on its deposits with Bankers Trust A.G. (BTAG) of Zurich, Switzerland. The freeze order was issued on representations made by the Philippine government, through the OSG.

Instead of complying with the request, the PCGG directed Officeco Holdings to submit pertinent documents to substantiate its request. The directive prompted Officeco Holdings to file a case with the Sandiganbayan against PCGG and the OSG.

When the Sandiganbayan denied PCGG's motion to dismiss Officeco Holdings' complaint, the agency elevated the case to the SC.

In dismissing PCGG's petition, the SC said that the litigation of the suit filed by Officeco Holdings would allow the parties to prove their respective case "such that if they are found to be supported by preponderance of evidence, adverse findings may be properly made against PCGG and the corresponding reliefs granted in favor of Officeco."

The SC noted that if it is true that PCGG and the OSG facilitated the lifting of the freeze orders on two other accounts in Swiss banks similar to that of Officeco Holdings', "the operation of the equal protection clause of the Constitution dictates that Officeco's account should likewise be ordered released."

But the SC pointed out that the issue "is best resolved if the case filed by Officeco Holdings is allowed to proceed."

Senior Justice Leonardo A. Quisumbing and Justices Antonio T. Carpio, Conchita Carpio Morales, and Presbitero J. Velasco Jr. of the SC's second division concurred with the decision.