Robert Swift, lead counsel of the 10,000 human rights victims, said he would make within this week a separate negotiation with President Estrada on the $570-million Marcos money being kept at the Philippine National Bank.

Executive Secretary Ronaldo Zamora yesterday made the clarification about the compensation package following reports that the 10,000 victims would get from P500,000 to P3.5 million each in indemnification from 30 percent of the $570-million Marcos deposits being held in escrow.

''Right now, nothing is definite,'' Zamora told a news conference in General Santos City where he accompanied President Estrada. ''These are just figures and until the peace talks resume, there cannot be any further discussion about implementation.''

The President had assigned Zamora to talk to Luis Jalandoni, chair of the NDF panel negotiating with the government, and come up with a formula on sharing the Marcos deposits with victims of martial law abuses.

Earlier reports said about 5,000 torture victims of the Marcos years would get P498,800 each; 3,184 heirs of victims of summary executions, P1.22 million each; and about 880 victims who disappeared, P1 million each.

The sharing scheme was said to have been based on a formula recommended by US 9th Circuit Court Judge Manuel Real, who earlier awarded $2.3 billion to the human rights victims.

Zamora said the figures were proposed solely by the NDF and had not yet been formally accepted by the government. ''These are the proposals of the NDF,'' he insisted. ''We have not accepted these proposals. We have been talking to them only in a preliminary fashion.'' He added that these would remain mere figures until both the government and NDF peace panels resumed the talks.

Swift, lead counsel of the human rights victims, said he was prepared to make an agreement with the President ''within the week.'' ''If the President of the Philippines wants to sit down and make a deal, I am ready,'' he said.

The lawyer said it was ''unfortunate'' the NDF and the Samahan ng mga Ex-detainees Laban sa Detensyon at para sa Amnestiya (Selda) entered into negotiations with the government for a 30-percent share of the $570 million.

He called the scheme ''illegal.'' ''There is only one way that an agreement can be forged and that's through me and the United States court,'' Swift told reporters in an ambush interview in Quezon City when he met with Claimants 1081, a breakaway group of Marcos rights victims led by sectoral Rep. Loretta Ann ''Etta'' Rosales. ''It is unfortunate that Selda and the NDF came out with the statement (on the sharing scheme) because it can't be true,'' said Swift. He insisted the agreement was ''not final'' unless it was approved by him and the US court.

Selda secretary general Marie Hilao-Enriquez, who was part of the class suit, and Selda lawyer Romeo Capulong confirmed the Inquirer story.

Enriquez told the Inquirer that they were forced to negotiate with the government when the US Court of Appeals for the 9th Circuit Court on Dec. 3, 1997 overruled Real in ordering the Swiss banks to ''transfer the $570-million Marcos accounts to Swift's account by invoking the Chinn assignment.''

According to papers furnished the Inquirer, the ''Chinn assignment'' was a document that ''assigns all right, title and interest of the Marcos Estate in any bank accounts maintained in Switzerland to Swift for the benefit'' of the class suit plaintiffs.

The assignment was signed by Walter Chinn, clerk of the US District Court for the District of Hawaii, according to the US Court of Appeals.

The Court of Appeals in the December 1997 ruling directed Real's court ''to refrain from taking any further action or any other case involving any or all of the parties in interest and any assets of the Estate of Ferdinand E. Marcos held or claimed to be held by the Swiss Banks.''

Although the Court of Appeals upheld Real's verdict against the Marcos estate and the $2.3-billion award, it directed the judge to file cases against the Swiss banks, in Switzerland and not in the United States.

Swift failed to pursue the filing of the cases, said Enriquez. As a result, when the Philippine government filed and won the case against the Swiss banks, the latter transferred the $570 million to be held in escrow by the PNB.

However, she said, under the Swiss banks' condition, the victims were not a party to the case and the Philippine government had no obligation to compensate them.

''It was for this reason that we entered into a negotiation with the government,'' Enriquez said. ''Swift would continue to be the lead counsel of the 10,000 human rights victims but he should not stop us from helping him out in his efforts to recover the assets.''

But Swift insisted neither the NDF nor Selda was a party to the class suit and thus had no right to represent the Marcos victims, majority of whom signed a special power of attorney designating Selda to be its authorized representative in any negotiations with the government or the Marcoses.

Before his arrival, Swift had issued a statement that he would negotiate with the government for a bigger share of the $570 million, not just 30 percent.

Enriquez accused Claimants 1081 of ''misleading'' the rights victims. ''Why did Claimants 1081 fail to inform its members that Swift wanted to transfer the $570 million to his accounts?'' Enriquez said.

In the Claimants 1081 meeting yesterday, Filipino co-counsel Rod Domingo Jr. was overheard cursing the Inquirer and its reporter. When reporter Herrera tried to interview Swift, Domingo blocked her way and told her and other reporters that Swift would not issue a statement. They should wait for an announcement in a press conference today, he said.

A reporter of RPN-9 pointed out to Domingo that the reporters had been invited by Rosales and did not barge into the meeting. Domingo told the TV reporter, ''Mamaya na, nandiyan pa ang Inquirer (Later, Inquirer's still here).'' The reporters were eventually able to reach Swift, who was starting to talk to them when Domingo cut him short and led him away.

During the meeting, Domingo told the rights victims ''not to believe whatever the Inquirer would write. Baka Inquirer ang magre-release ng pera (Maybe the Inquirer would release the money).''

When one of the victims asked when they would be compensated and how much each one would get, Domingo only laughed.

In Davao City, Selda Southern Mindanao secretary general Nenita Labial said the victims' quest for justice would not end when they received their share of the Marcos money.

She said they would also pursue the prosecution, conviction and imprisonment of former First Lady Imelda Marcos and other officials who violated their rights during the Marcos dictatorship.

With a report from Jowel F. Canuday, PDI Mindanao Bureau

By Cathy Cañares and Christine Herrera