"If we find that the settlement is contrary to law, then we will surely reject it," Associate Justice Narciso Nario Jr. told reporters here following the election of officers of the Integrated Bar of the Philippines (IBP)-Nueva Ecija chapter.

This developed as a statement from the Marcos camp said yesterday that the Commission on Human Rights (CHR) had virtually cleared the Marcoses two years ago of any human rights violations despite persistent and widespread charges from critics.

The CHR issued a certification dated March 4, 1997 that no formal complaint has been filed against the late dictator Ferdinand Marcos or any member of his family, save for a pending case before a US court accusing the military regime of assassinating two Filipino men in Seattle, Washington in June 1981.

Last week, the family of the late strongman and at least 9,539 plaintiffs represented by American lawyer Robert Swift appeared to have reached a settlement that would ensure the payment of around $15,000 to each claimant.

But Nario, a former Nueva Ecija governor, said the anti-graft court will particularly look into the claims of the human rights victims that they were never consulted by Swift when he entered into the settlement, which purportedly included a condition that the Marcoses be absolved of accusations of human rights abuses.

Lawyer Romeo Capulong, a provincemate of Nario who represents a faction of the claimants, said they would junk the deal.

"In a matter like this when a compromise agreement is entered into, the Sandiganbayan will look into the terms and conditions if they are in accordance with law and public policy. If we find it is not, it will be a mere piece of paper," Nario said.

There are two requirements before the settlement can be binding. First, President Estrada must approve the deal. Second, it must pass scrutiny of the Sandiganbayan, the Supreme Court, and the US and Swiss federal courts.

Nario said they were awaiting a copy of the settlement before looking into allegations that the deal was "shady."

When asked if the deal would be voided if it is found that Swift indeed reached the agreement without consulting the victims, Nario said: "I don't think it will lead to that."

Meanwhile, the year-old certification clearing the Marcoses, issued by the CHR and signed by Chairman Aurora Navarrete-Recina, was made on the request of then Leyte Rep. Imelda Marcos "for whatever legal purpose it may serve."

The former first lady issued the statement yesterday in reaction to a charge of former Sen. Rene Saguisag that "the Marcoses were established as world-class human rights violators."

Saguisag made the claim over the weekend as he exposed an alleged "midnight insertion" in the $150-million settlement between the Marcos estate and the victims, which fully releases the Marcoses from any civil and criminal liabilities arising from human rights violations.

But Marcos denied the existence of such a clause, saying what Saguisag could have referred to was a phrase in an earlier draft of the prepared statement by Marcos lawyer James Paul Linn that was deleted in the final document.

The phrase stated that the Marcoses "have never been charged with human rights violations civilly and criminally anywhere in the world including the Philippines."

In her certification, Recina acknowledged that "a letter dated March 21, 1986 from the Seattle, Washington Law Office of John Caughlan addressed to Atty. Jose Diokno was received on March 25, 1986 by the defunct Presidential Commission on Human Rights, regarding Slime Domingo and Gene Viernes" who were killed in Seattle on June 1, 1981 allegedly on the dictator's orders.

The Domingo-Viernes case has been pending before a US court since September 1982.

"Deal may compromise honor"

Saying that "any compromise deal with the Marcoses would compromise the government and the people's honor," Isabela Rep. Heherson Alvarez urged President Estrada to implement a "hands-off" policy on the settlement compensating 9,539 human rights victims under martial law.

In a telephone interview, Alvarez said the President is courting political danger for brokering the settlement between the Marcoses and the victims, which may in the end absolve the late dictator's family from criminal liabilities.

Alvarez said Mr. Estrada should instead allow the Sandiganbayan to take charge and work on the forfeiture case filed against the Marcoses.

"The $150-million settlement is a sellout. It is a compromise that compromises honor. The President should allow the machinery of the government to go on and let the Sandiganbayan do its job," said Alvarez, who was also arrested during martial rule.

He said the Sandiganbayan is the proper forum to pass judgment on the greater issue of whether or not the Marcoses plundered the country's coffers during their 20-year rule.

"We should not allow the tail to wag the dog," Alvarez said. "It must be determined if there was plunder committed by the Marcoses. President Estrada must not be identified with any compromise (but) take command in prosecuting the cases against the Marcoses."

He added that once the forfeiture is decided by the Sandiganbayan, the $580 million in Marcos money held in escrow at the Philippine National Bank will be released and go directly to government coffers.

For her part, Rep. Loretta Ann Rosales (party-list, Sanlakas), honorary chairman of Claimants 1081, welcomed the creation of a Truth Commission to determine who really deserves compensation among the thousands of alleged human rights victims of the dictatorial regime.

By MANNY GALVEZ, Jose Rodel Clapano