Metro Manila (CNN Philippines, June 15)— The Supreme Court has ordered an associate of the late president Ferdinand Marcos to pay the Philippine government more than ₱1 billion in damages for his role in brokering the $2.2 billion Bataan Nuclear Power Plant project.
In a unanimous 12-0 vote and two inhibitions, the SC awarded ₱1 billion in temperate damages and ₱1 million in exemplary damages in favor of the government against Herminio Disini — for his participation in awarding the project to Westinghouse Electrical Corporation.
The high court found Disini, who passed away in 2014, “liable for exerting undue influence in the awarding of the BNPP Project by taking advantage of his close association with former President Ferdinand Marcos.”
The SC said the monetary awards “shall earn legal interest at the rate of 6% per annum from the finality of this decision until its satisfaction.”
In 1987, the government — through the Presidential Commission on Good Government — filed before the Sandiganbayan a complaint for restitution and damages against Disini, former President Marcos, and former first lady Imelda Marcos.
The PCGG claimed Westinghouse “solicited the influence of Disini” to act as its Special Sales Representative to ensure its appointment as the main contractor for the project.
In 2012, the anti-graft court found Disini liable for receiving commissions from Westinghouse, but absolved the Marcoses for lack of evidence.
“The totality of the testimonial and documentary evidence of the government proved that Disini had unduly enriched himself at the expense of the people and the Republic,” the SC ruling read. “The Republic has the right to be indemnified by reason thereof in the form of damages.”
The Bataan plant is the country’s first and only nuclear power facility. It never opened due to issues regarding corruption and safety, compounded by fears over the 1986 Chernobyl power plant disaster, which killed and caused the sickness of dozens of people due to severe radiation effects.
A look inside a sleeping giant: the Bataan Nuclear Power Plant
Voting unanimously, SC orders Marcos aide Herminio Disini to pay the govt ₱1B in temperate damages and ₱1M in exemplary damages for his role in awarding the Bataan Nuclear Power Plant to Westinghouse Electrical Corporation. | @anjocalimario pic.twitter.com/nomgKNXD7Z
— CNN Philippines (@cnnphilippines) June 15, 2021
