Presidential spokesperson Fernando ''Jerry'' Barican said this means all efforts to discuss how the Marcos money now held in escrow at the Philippine National Bank should be divided among the victims ''is really moot and academic'' at this point.

He also advised the National Democratic Front to refrain from discussing the terms of the compensation package, even as the rights victims' American lawyer, Robert Swift, said he would push for a settlement of 44 percent, or $250 million, of the $570-million Marcos money within 30 days.

Communist Party of the Philippines founder Jose Ma. Sison, one of the claimants, warned that ''further victimization'' of the Marcos victims would ''irrevocably end the peace negotiations.''

''As has been said by Executive Secretary Ronaldo Zamora, we have suspended any talks with (the NDF) on the issue,'' Barican said in a news conference.

''That would include any release of funding for human rights victims. Right now, any talks about such matters is really much, much premature.''

Zamora, in an interview over radio station dzMM, yesterday insisted all discussions about compensation figures were initiated by the NDF and not by Malacañang.

''It was the NDF that came up with the figures during informal discussions with us,'' said Zamora in Pilipino. ''And while the government has not yet formally agreed, (NDF) has announced that we already did.''

He stressed it was the NDF that thought of demanding 30 percent of the $570-million Marcos deposits held in escrow for the human rights victims when the peace talks were still going on.

But Romeo Capulong, the general counsel of Samahan ng mga Ex-detainees Laban sa Detensyon at para sa Amnestiya, a group of human rights victims, said the idea to give the rights victims 30 percent of the $570 million came from Zamora.

''The Zamora-Jalandoni formula came from Executive Secretary Zamora because he suggested that the human rights victims should be given 30 percent of the gross of $570 million,'' said Capulong.

According to Barican, after a peace agreement is reached between the government and the NDF, the rights victims will not automatically get the amounts which NDF chief negotiator Luis Jalandoni had earlier announced.

''Who these victims are will be the subject of court proceedings, and the Philippine government is not directly involved in the dispute between the parties as to who those claimants might be,'' said Barican.

''Once that is resolved in court, some of these funds will be made available to the legitimate claimants as determined by the court.''

Swift said he would push for a settlement of 44 percent, or $250 million, of the $570-million Marcos money. The amount is 14 percent higher than that demanded by human rights victims belonging to Selda, the group that filed the original class suit.

Swift, from Philadelphia, arrived in Manila on Sunday to try to negotiate a settlement with the Estrada administration on behalf of nearly 10,000 rights victims.

In a news conference at the New World Hotel in Makati City yesterday, Swift said he would strike a deal with President Estrada within 30 days to get the $250 million.

He also revealed that former first lady Imelda Marcos had offered the Marcos victims only 26 percent, or $150 million, to warrant the release of the money from escrow.

In offering the $150 million, Ms Marcos did not ask him for anything in return, he said.

''I think $150 million would be a good start if the Estrada administration would sit down and discuss that with me,'' he said. ''But the amount has to go up significantly.''

He pointed out that the Swiss Supreme Court had set the condition that for the $570 million to be released from escrow, the Swiss banks should pay the Marcos victims some $250 million.

''The Swiss government has designed the terms and conditions that included the satisfaction of the claims of the victims before the $570 can be released from escrow,'' Swift said.

Asked how soon the deal with the government could be concluded, Swift said it would be ''foolhardy to guess.''

''But certainly from the standpoint of the claimants, if the money is not distributed and made available for distribution within 30 or 60 days, then I think our negotiating position is going to change dramatically,'' he said.

He said if the agreement with the government would be reached within 30 days, the enforcement of the claims would be coursed through the US District Court in accordance with the judgment.

He cautioned Zamora against holding hostage the ''compensation talks'' or the rights victims' claims until the NDF and the government went back to negotiating table.

''I believe it would be a great mistake if they tie the two together,'' he said.

He urged Mr. Estrada to ''stand up for the rights victims and to finally break the impasse and get the money.''

''I understand that President Estrada is a deal-maker and so am I,'' he said. ''I'm anxious to talk. One of the problems is that there is a world perception that things never get done in the Philippines,'' Swift said.

''President Estrada can change that perception. Let him show the people of the world that he can get things done.''

CPP founder Sison offered a different solution, in an interview on a Manila radio station from his home in exile in the Netherlands.

''It would be better for the claimants to think of a way of punishing or applying revolutionary justice to these oppressors,'' he said, using a guerrilla term that usually means ''execution.''

He said President Estrada, Zamora and government peace panel chair Howard Dee ''cannot compel the NDF to capitulate by threatening to back away'' from a provision in the recently signed Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law ''which stipulates the indemnification of the victims of human rights violations under the Marcos regime.''

''The GRP violation of the CAR-HR&IHL and further victimization of the human rights claimants will irrevocably end the peace negotiations and will certainly provide further just ground for the revolutionary forces to intensify the people's war,'' Sison said.

In Davao City, Selda-Southern Mindanao secretary general Nenita Labial accused Swift and leaders of Claimants 1081 of sowing confusion and disinformation over the sharing of the Marcos millions.

''Mga mukhang pera talaga sila,'' said Labial. She claimed that her group knew the formula submitted earlier by their lawyer, Capulong, to Zamora was not yet final.

By Cathy Cañares and Christine Herrera

With reports from Carolyn O. Arguillas, Jowel F. Canuday, PDI Mindanao Bureau; Reuters