The clause, a ''midnight insertion'' by the Marcoses into the $150-million  with nearly 10,000 martial law victims, states that none of the Marcoses have ever been charged with any human rights abuses ''anywhere in the world, including the Philippines'' but if so, ''they are released fully by this paragraph.''

''This just isn't true. Let us not twist history for 30 pieces of silver. The Marcoses were established to be world-class human rights violators,'' said human rights lawyer Rene Saguisag in a statement yesterday.

He said American lawyer Robert Swift, lead counsel of the 9,539 abused plaintiffs, had not signed the page that contained the 11th-hour clause.

Swift and other lawyers of victims are moving to ''delete'' the paragraph, according to co-counsel Rod Domingo Jr., who denounced the insertion as ''false and patently ridiculous.''

''No wonder the Marcoses have become bolder and more arrogant. They could use this agreement and brag that no criminal and civil cases had been filed against them,'' said Saguisag, chair of Mabini, the Movement of Attorneys for Brotherhood, Integrity and Nationalism Inc.

No guilt

Sure enough, the family of the late dictator yesterday insisted that the settlement was not an admission of guilt.

''The Marcos family agreed to do this settlement with no admission of guilt but in the spirit of peace, reconciliation and unity of the Filipino people,'' said a statement by the family's American lawyer, James Paul Linn.

Lawyer Romeo Capulong, who represents a faction of the claimants, said they would reject the deal, claiming it was negotiated secretly--a move that could further delay a resolution of the claims.

''We will certainly reject any settlement that would forgive or condone or absolve the Marcoses and cronies of the crime of plunder and the crime of torture, disappearances and summary executions,'' he stated.

''We did not authorize Mr. Robert Swift to commit the 9,539 victims to any immoral or illegal settlement,'' he added.

Saguisag, on the other hand, stressed that while he was ''all praises'' for Swift for winning the class suit in the US, he could not accept the questionable clause.

'In bad faith'

The inserted paragraph states that former first lady Imelda Marcos and her three children have ''never been charged civilly or criminally with a human rights violation anywhere in the world, including the Philippines but (are otherwise) released fully by this paragraph.''

It continues: ''The late Ferdinand E. Marcos was never charged with a human rights violation civilly or criminally in the Philippines. His estate is released fully by this paragraph.''

Domingo said the Marcoses inserted the paragraph in ''bad faith.''

He said that the victims' lawyers would file a motion with US District Judge Manuel Real to ''delete'' the paragraph in provision 5.2 of the seven-page agreement.

He said the motion would be filed in hearings in Hawaii starting April 29. The approval of the agreement is only preliminary. The deal awaits further approval by several parties, including President Estrada, the Sandiganbayan, the Supreme Court, and the US District Court.

'Never agreed'

 ''Swift never agreed to this, and that was why he did not sign this particular page,'' Domingo said. ''It is immaterial and irrelevant to the present case. What is true and undeniable is that the Marcos estate has been found by a final judgment to have violated the human rights of 10,000 Filipinos.

''This historic judgment was even affirmed by the United States Supreme Court and recognized by the Swiss Federal Supreme Court,'' he added.

It was not clear why the US District Court approved on Feb. 24 the tripartite agreement--signed by Swift, the Marcoses, and the Presidential Commission on Good Government--without Swift's signature on the offending page.

Leery

''The reality of it is that, as currently worded, the done deal may have a hard time getting popular acceptance and judicial approval,'' Saguisag said. ''Why the Marcoses must falsify history defies comprehension.''

It was also no wonder, he said, that the Marcos lawyers--James Linn and John Bartko--had hailed the settlement.

''I am leery of any compromise settlement hailed by the Marcos lawyers,'' said Saguisag.

''True, no language crafted by the best lawyers will erase the Marcos record of abuse. Nor can we rewrite Edsa. But the healing won't begin until the Marcoses accept that people got tortured or salvaged or disappeared during those dark years,'' he said.

He said any settlement with the Marcoses should be an ''honorable one'' which would not make it appear ''as if we would do anything for money,'' although he admitted that some of the victims and their heirs had told him that they could use the money.

'Erap's victory'

Human rights plaintiffs who were unaware of the provision lauded the deal.

Partylist Rep. Loretta Anne Rosales, one of the victims and chair of Claimants 1081, another faction, said the agreement was a triumph.

''It is not a question of being fair or of getting too little. No amount of money can compensate for the loss of our loved ones or for our sufferings. What is important was that we won, the Marcoses were pinned against the wall,'' said Rosales.

She also heaped praise on the President who, she said, fulfilled a personal pledge made to her last September to ''prioritize'' the victims.

''This is not just the victory of the claimants, but the victory of the Filipino people, the victory of the Estrada administration,'' said the Akbayan representative.

She added, however, that her group would still demand a public apology from the Marcoses.

Former Senate President Jovito Salonga, chair of the Kilosbayan which represents the heirs of torture victim Edgar Jopson, asked why it should be left to an American court to distribute the money.

''This is pregnant with ambiguity,'' he said. ''By virtue of what law and by what authority can the American court impose that condition?''

Marcos was subject to being sued in a US court because he was residing in Honolulu when the suit was filed. The Philippine government was involved in the suit because it claimed that it was the rightful owner of all the Marcos assets.

Monkey wrench

Domingo said that as a matter of procedure all of the human rights plaintiffs would be notified of the agreement, including its terms and conditions. will have his day in court,'' he said.

During the ''formal fairness hearings'' in Hawaii, all objections to the provisions of the agreement will be heard--but by then, the $150-million settlement pot will already have been wired to a commercial bank chosen by the US court.

Domingo said there would be a ''smooth transfer of the money unless certain parties throw a monkey wrench'' into the proceedings.

Unfortunately, the Marcoses have already done that.

By Christine Herrera, Donna S. Cueto and Volt Contreras, with a report from AFP