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CROIL ANDERSONDEAN BENDERJAMES D. HAlLFYKRISTIN HOUSERYVONNE HUGGINS.MCLEANMATTHEW G. KNOPPJ. KATHLEEN LEARNEDDOUGLAS D. McBROOMROBERT E. MCCLUSKEYJUDY I. MASSONGKIRK 1. MORTENSEN

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SCHROETER, GOLDMARK & BENDE$*CENTRAL BUILDING

THIRD&ACOLUMBIA

SEATTLE. WASHINGTON 98104Telephone:

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47961271

iuVE) ~ HE FEC

SO 57MAR 9 AB8: 42RP.S. VIRGINIA M. ROBINSON

WILLIAM RUTZICKLEONARD W. SCHROETERPAUL W. WHELANMICHAEL WITI4EY

JOHN GOLDMARK41917.1979)

Of CouMmo

DAVID DANELSKIPAUL 0 NEIL

March 6, 1987

Lawrence M. NobleDeputy General CounselFederal Election CommissionWashington, D.C. 20463

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Dear Mr. Noble:

Re: MUR 2156, Dr. Leonilo Malabed

I represent the estates of Gene Viernes and Silme Domingo inan action against the Republic of the Philippines for themurders of two anti-Marcos trade union leaders in June of1981. In the course of our investigation and discovery inthis case, we have subpoenaed records of Dr. Leonilo Malabedof San Francisco, and of the Mabuhay Corporation which hecontrolled. I am in receipt of the Federal Election Commis-sion findings regarding the statement of expenses of theMabuhay Corporation, and the indication that foreign fundshad paid for Mabuhay's campaign contributions in local,state and federal elections.

As I understand it, the basis of the Commission' s ruling wasthat the Mabuhay Corporation statement of expenses, which atthat time was uncorroborated, was not sufficient to findthat Dr. Malabed and Ferdinand Marcos had violated certainsections of the Federal Election Campaign Act of 1971 asamended. our discovery in this case has led to considerableevidence which corroborates and authenticates the Mabuhaystatement. The enclosed memo summarizes this evidence. Inparticular, I would point your attention to the various bankdocuments and other evidence indicating the receipt of largesums of money from the Philippines or through PhilippineNational Bank by Dr. Malabed.

We have forwarded this document to the U.S. Attorney in SanFrancisco, to the Department of Justice, the Federal Bureauof Investigations, and to the Special Independent ProsecutorLawrence Walsh. We are forwarding it to you in the beliefthat the newly-derived evidence justifies the reopening ofthe FEC complaint process.

Lawrence M. NobleFederal Election CommissionMarch 6, 1987Page Two

I have in my possession additional information that mayassist your staff in determining whether to reopen theinvestigation of Dr. Malabed and Ferdinand Marcos. We offerour fullest cooperation in your efforts. Please don'thesitate to contact me if you require any further informa-tion.

Sincerely yours,

7t.,W, P.1MICHAEL E. WITHEYCounsel for the Estates of

0 Domingo and Viernes

MEW/dgEnclosures

0

0 0

I NTRODUCTION

This memorandum summarizes evidence of a secret intel-

ligence slush fund created in the United States by Ferdinand

Marcos and his chief of staff General Fabian Ver. Marcos'

childhood friend and long-time crony, Dr. Leonilo Malabed of

San Francisco, controlled the fund and used it to extend

0 Marcos' s political influence and propaganda presence. It was

0 also used to conduct covert intelligence operations against0

the anti-Marcos opposition movement in the United States in

the late 1970s and early 1980s. Documents which have been

o authenticated in federal court point to strong circumstan-

tial evidence that this slush fund was used to pay for the

June 1981 Seattle murders of anti-Marcos union officials

CD Gene Viernes and Silme Domingo. The use of foreign funds to

promote the Marcos regime, purchase propaganda vehicles,

contribute to local, state and federal candidates, and

violate the civil and constitutional rights of American

citizens is against the law. A full, impartial and vigorous

investigation of this evidence is called for. Such criminal

charges, as are warranted by the evidence obtained, should

be brought. Marcos' continued activities, now carried out

in this country, establish that the evidence summarized here

is not of mere historical interest. Direct and decisive

action is needed.

BACKGROUND

The new government in the Philippines under President

Corazon Aquino has undertaken extraordinary efforts to

retrieve the vast wealth illegally accumulated and invested

abroad by deposed president Marcos and his wife Imelda.

Considerable attention has focussed on secret Swiss and

American bank accounts, shadowy middlemen and surrogate real

o estate purchasers. A federal grand jury in Alexandria,

o1 Virginia, has subpoenaed Marcos and his former chief of

0 staff and intelligence head, General Fabian Ver. Ver has

also been linked to the Iranscam/Contragate investigation as

having signed for the receipt of an arms shipment whose real

destination was Iran.

Shortly after Marcos fled to Hawaii, the U.S. Customs

Service seized a number of important documents from Marcos,

cc which detail past expenditures and financial transactions in

the United States. of particular political interest was an

explosive document, the "Mabuhay Corporation Statement of

Expenses." (Attachment A). This document itemizes the

expenditure of over $750,000 from the Philippines National

Bank, under the authority of General Ver. It was spent on

the attempted purchase of -a Bay Area radio station, politi-

cal campaign contributions to candidates in California and

national elections, identified "special missions," and the

most sinister -- "special security projects."

The release of this document created a public stir but

has since been largely forgotten. The Federal Election

Commission started an investigation, and based on the docu-

ment alone, even without the corroborative evidence provided

herewith, its General Counsel recommended that the Commis-

sion find reason to believe that Marcos and Dr. Leonilo

Malabed violated federal election laws. (See Attachment B.)

The president of the now-defunct Mabuhay Corporation

o was Dr. Leonilo Malabed, a San Francisco physician. Dr.

0 Malabed, while publicly denying any wrongdoing, has repeat-

edly asserted the Fifth Amendment privilege against self-

incrimination, both in hearings of the California State

Legislative Committee on Real Estate Practices and in

private depositions.

co Malabed was questioned under oath, and his financial

cc records were subpoenaed in the federal civil rights lawsuit,

Estates of Domingo and Viernes v. Republic of the Philip-

pines, No. C-82-1055V (Western District of Washington).

His deposition was taken May 15 and October 24, 1986.

This case alleges that two anti-Marcos leaders of the

Seattle-based Local 37 -- ILWU (Cannery Workers) were

murdered on June 1, 1981, upon the orders of Marcos and Ver.

Viernes had traveled to the Philippines in March and April

0

of 1981 and had met with top leadership in the anti-Marcos

trade union movement, as veil as with student and peasant

groups. He was surveilled by Marcos agents. Viernes joined

forces with Domingo as a delegate to the 1981 convention of

the ILWU, and they engineered the passage of a hotly con-

tested resolution critical of the Marcos regime's treatment

of Filipino workers and authorizing an investigative team to

look into conditions there. opposition to the resolution

aD was organized by the local Philippine Consul General. A

0 month later, the two men were gunned down in their union

0. hall.

0 Three hitmen have been convicted in local courts; also

implicated, but never charged, is Tony Baruso, former Local

0 37 president and a close ally of Marcos. According to sworn

1W testimony in the hitmen trial, Baruso' 5 .45 Mac-lO

C711 "execution piece" was the murder weapon; he promised to pay

OD $5,000 for the murders; and he met with hitinan/gangleader

cc Tony Dictado two days before the murders.

Armed with subpoena power, attorneys for the slain

men's estates have investigated the use of Dr. Malabed's

Mabuhay Corporation to pay Baruso for the Seattle murders.

They have uncovered documentation that confirms the authen-

ticity of the Mabuhay statement of expenses and implicates

Malabed in a variety of illegal activities. Not the least

of these activities is the expenditure of $15,000 on May

17, 1981, just two weeks before the Domingo/Viernes murders.

The rest of this memorandum summarizes this evidence

and the federal criminal statutes believed to be violated.

I. THE EVIDENCE AGAINST DR. MALABED

The Mabuhay Corporation Statement of Expenses speaks

for itself. Corroborative evidence, summarized here, proves

that it is exactly what it appears to be. Federal court

Judge William Orrick (Northern District of California)

stated in open court that the document is authentic for the

o purposes of his ruling on Dr. Malabed's assertion of the

o Fifth Amendment. Judge Orrick relied in part upon t he

O declaration of Bonifacio Gillego, then a leading officer

with the Philippine Presidential Commission on Good Govern-

P- ment. The Gillego declaration explains various notations on

the document and, based on his CIA training and service in

the Philippine intelligence agencies, concludes that the

Mabuhay Corporation was used as a "cover" and a conduit for

cc Marcos' intelligence operations in the U.S. (See Attachment

C.)

The Mabuhay Corporation was incorporated in California

in 1978 by Dr. Malabed as its president. other officers

included Demetrio, Jayrne, Zoilo Inacay, Al Bitanga, and Romeo

Esperanza, all Bay Area residents and friends of Dr. Mala-

bed. (See Attachment D.) The Corporation maintained

numerous bank accounts, including at the Philippine Bank of

California, now the Century Bank, 455 Montgomery Street, San

Francisco. Dr. Malabed was the sole signatory. The first

account was opened July 7, 1977. (See Attachment E). Other

bank accounts undoubtedly exist, but Dr. Malabed has

asserted the Fifth Amendment as to their locations.

The Philippine Bank of California was itself incorpor-

ated on March 7, 1977, by five Philippine government agen-

cies. Its board of directors included former Philippine

defense minister Juan Ponce Enrile, Dr. Malabed, and other

- Mabuhay incorporators. Placido Mapa, president of the

O Philippine National Bank, was also on the board. (See

o Attachment F).1

A. The Source Of The Funds

The note at the bottom of the Statement of Expenses is

without question Dr. Malabed's handwriting.2 The note

1 Another document seized from Marcos bears Mapa's signa-CD ture and is a memorandum to Marcos indicating over $9

million in U.S. currency will be placed in the "Philip-pine intelligence fund" out of "PNB profits." (SeeAttachment G.)

2 Dr. Malabed's initial press interviews quote him assaying "Who signed it? If it is not signed, let ustreat it as a useless document. Everything is false."Subsequent press efforts to substantiate the documentand the Domingo disclosures forced Malabed to eventuallyadmit signing it, albeit claiming, through his attorney,Patrick Hallanan, that he had been "duped" into signingit by Marcos. (See Attachment I.) Dr. Malabed's alibi,that he signed a "bogus" report of illegal campaigncontributions and intelligence "security projects" as acover for the less sinister propaganda purchases defiescommon sense. It is further belied by the proof ofactual expenditures from the Mabuhay bank accounts

acknowledges receipt of $1 million from the Philippine

National Bank for intelligence purposes minus $762,478.52

withdrawn by the Armed Forces by authority of Chief of Staff

(General Ver), leaving a balance of about $230,000.

Philippine National Bank records subpoenaed in the

Domingo/Viernes case provide the hardest evidence to date

that Malabed received funds from the Philippines. Attach-

ment H is th notarized declaration of Paciano F. Dizon,

which documents Malabed's receipt of $150,000 from PNB-San

Francisco Agency on January 31, 1979,, and $40,000 on

o February 12, 1979. These receipts came shortly before major

o Mabuhay expenditures in February 1979. Other PNB records are

being subpoenaed and will be analyzed.

In addition, a June 1986 interview with KRON-TV re-

porter Brian McTigue quotes Dr. Malabed's attorney Patrick

Hallinan as claiming Malabed acknowledged receiving over

$500,000 in unreported cash stuffed in diplomatic pouches

CC from Philippine couriers attached to the ministry of media

affairs. Hallinan claimed the money was used solely for

"propaganda purposes."

B. Specific Expenditures

The Mabuhay statement lists several categories of

expenditures. Bank records have verified, at least in part,

described below.

expenditures for each category:

1. Expenditures out of Mabuhay Corporationaccounts for the p2urchase of KJAZ radio station in1978 (th first seven items on the statement) havebeen admitted by Dr. Malabed and are easilyprovable through subpoenaed bank records and otherdocuments. (See Attachment J.) Malabed's attor-ney told the KRON-TV reporter in June 1986 thatMalabed discussed the purchase of KJAZ directlywith Marcos, and that it was to be used for "pro-Philippine broadcasts." Dr. Malabed also owns thepro-Marcos Filipeine-American newspaper, formerlyBataan News, and has testified that representa-tives of the Philippine government's Ministry ofMedia Affairs worked on his newspaper staff.(Deposition, October 24, 1986.)

o2. Expenditures for political contributionscleared through "PSC-CGO (Presidential Securityo Command -- Commanding General Ver) -- have been

__verified in part. Some of the $175,200 itemizedcan be verified through subpoenaed bank records

P. and FEC documents. (See Attachment K.)

o Dr. Malabed has in fact admitted making manyof these contributions, but claims they were outof his own funds. This is contradicted by theMabuhay documents themselves and other evidencethat he received PNB funds.

cc3. Payments -for special missions in 1980 and1981 have also been verified, at least to theextent that Dr. Malabed and others traveled to thelocations listed in Honolulu and New York for theDemocratic National Convention. Bank recordsverified at least some of these expenditures.(See Attachment K.) Both Honolulu trips coin-cided with visits of Marcos to the U.S. Discoveryin the Dmnocase has produced a Honoluluconsulate's list of pro-Marcos loyalists to becontacted to perform airport security for Marcos.This list includes Dr. Malabed's name.

4. "Advances to CG" (again, Commanding GeneralVer) for "special security projects" is by far themost sinister item appearing on the document andalone justifies substantial investigative effort.The Gillego declaration concludes that theseexpenditures were "undertaken on behalf of M~arcosand Ver and were used, in part, to counter theinfluence of anti-M~arcos opposition in the UnitedStates, and to monitor and operate 3 against themand for other propaganda and political purposes."(See Attachment C.) Whether these substantialpayments were used as a payroll for Marcos intel-ligence agents and/or used for particular projectsjustifies further federal investigation.

At least one expenditure listed on 2/7/79 for$9,900 was paid in cash to Dr. Malabed out of thePhilippine Bank of California account. (SeeAttachment K.)

5. May 17, 1981. Of all of the items on the0 document, it isthe May 17,, 1981,, expenditure of

$15,000 for a special security project which has-the most significance for the Domingo case.

N03 Both the Senate Foreign Relations Committee in 1979 and

the Defense Intelligence Agency in 1982 (see AttachmentL) have documented U.S. government knowledge of the

C efforts by Marcos agents in the U.S. to "monitor andoperate against" the anti-Marcos Philippine dissidentsexercising their First Amendment right and freedom ofassociation in this country. Furthermore, FerdinandMarcos, in his July 1986 deposition in the Domingo case,admitted that four Philippine government agencies --National Intelligence Security Authority (NISA) r theIntelligence Section of the Armed Forces of the Philip-pines, the Presidential Security Command (PSC) , and theNational Bureau of Investigation (NBI) collectedinformation on anti-Marcos organizations in the UnitedStates. Marcos testified these agents collected suchinformation through the use of military attaches inPhilippine consulates and the embassy. He admittedknowledge as to some of the organizations and indivi-duals that were targets of the intelligence operation,including the (KDP) Union of Democratic Filipinos, towhich both Domingo and Viernes belonged.

The day after returning to Seattle from theILWU convention in Hawaii, Tony Baruso purchased aplane ticket to San Francisco for May 16 and areturn on May 17. Subpoenaed travel recordsreveal Baruso did indeed fly to San Franciscowhere he stayed at the Sutter Hotel. (See Attach-ment M.) This hotel is within blocks of thePhilippine Consulate at 450 Sutter Street. Withindays of his return, the Domingo/Viernes murdercontract was put out, and hitmen Ramil, Guloy, andDominguez were provided with Baruso's gun. Themurders were carried out on June 1, 1981.

Baruso, in his January 1983 deposition in theDomingo case, answered, "I can't remember" to allquestions regarding this Bay Area trip, includinghis purchase of the tickets, where he stayed, whohe met with,, etc. He further took the Fifth

now Amendment as to all questions about the murders.

Sworn testimony at the trial of Ramil, Guloy0 and Dictado4 established that the hitmen were to

0 be paid $5,000. Baruso's own bank records showcash deposits between June and November 1981 of

- 3u-st under $10,000 in amounts of between $200 and$1,000. Baruso also made a 24-hour trip to LosAngeles in August 1981 just prior to the start ofthe hitmen trial. In the same month, another

0 $15,000 was expended from the Mabuhay Corporation47 for a "special security project."

O Both Dr. Malabed and Baruso are well-knownGm. political figures within pro-Marcos circles in the

U.S. Baruso was the master of ceremonies atCC Philippine Consular events in Seattle. Although

Dr. Malabed has admitted to talking to Baruso onlyafter the murders, "to get his side of the story,"there is substantial reason to believe that thesetwo strong Marcos supporters had close ties.Further, although Malabed denies giving $15,000 toBaruso on May 17, 1981, he asserted the FifthAmendment when asked whether he paid anyone$15,000 on that date.

4 The other hitman, Dominguez, was found murdered inSeattle two days after Baruso's deposition in theDomingo case. One suspect, Esteban Ablang, fled shortly

ereafter to the Philippines.

C. Conclusion

Solid documentary evidence exists that Dr. Malabed

controlled a secret intelligence fund operated by him and

General Ver, which used Philippine government funds to seek

purchase of a propaganda voice, contribute to local, state

and federal elections,, and fund a Marcos intelligence

apparatus in the U.S. Highly probative and admissible,

even though circumstantial, evidence exists that this fund

was also used to pay for the Domingo/Viernes murders.

Evidence of this kind cries out for a full and fair

o investigation. The numerous leads which have a high prob-

ability of yielding positive should all be investigated.

other Malabed bank accounts should be subpoenaed. Witnesses

close to Dr. Malabed, Mabuhay Corporation incorporators, andC

former San Francisco Consulate employees should be ques-

tioned. U.S. Customs and Immigration files should be

examined to identify the Philippine diplomatic couriers,

0C including officials with Marcos' s Ministry of Media Affairs,

who may have delivered the unreported cash to Malabed. A

prime suspect for this courier is Lito Gorospe, formerly in

Marcos' Media Affairs who made numerous trips to the Bay

Area, and who, at least on one occasion, was provided with

$10,000 cash by The Philippines National Bank. (See Attach-

ment H, pp. 4-5.)Dr. Malabed's ties to Baruso also bear

f urther investigation.

II. CRIMINAL LAWS INVOLVED

The evidence summarized above against Dr. Malabed

suggests that numerous federal criminal laws are implicated

Justifying a full federal investigation and the reopening of

the federal election commission hearings. This section

summarizes those laws.

A. Violations Of The Law Of Foreign Relations:

One who acts as an agent of a foreign government

'10 without notifying the attorney general is in violation of 18

U.S.C. S 951, et seg. The Department of Justice has publicly

o stated that Dr. Malabed has not so registered.

O one who disseminates "political propaganda" on behalf

of a foreign government, party or -principal, violates 22

U.S.C.S 611, et seq. Strict registration requirements

exist.

B. Violations of Federal Election Laws

The prohibition on political contributions by foreign

cc nationals is found within 2 U.S. C. S 441 (e) . A "foreign

principal" is defined in S 611(b) to include a government or

foreign political party as well as persons outside the

United States who are not citizens or domiciled within the

U.S. Clearly this definition applies to Marcos, as the FEC

so found.

The prohibition on making contributions in the name of

another person is contained in 2 U.S.C. S 441(f). The FEC

report states: "If the information contained in that docu-

ment (the Kabuhay Corporation Statement of Expenses) is

correct, contributions were made by Marcos through the

Mabuhay Corporation, with Leonilo Malabed serving as

conduit, as agent of the Mabuhay Corporation, then such

activities would violate 2 U.S.C. S 441(e)." (See Attach-

ment B.)

C. violations of Civil, Constitutional and interna-

tional Human Rights.

18 U.S.C. S 241 makes it a federal offense to conspire

to "injure, oppress, threaten, or intimidate any citizen in

the free exercise or enjoyment of any right or privilege

secured to him by the Constitution or laws of the United

States .. "The use of a Marcos intelligence slush fund

for "special security projects" directed against the anti-

Marcos opposition clearly implicates the civil rights acts.

The U.N. Charter prohibits foreign states fromi inter-

fering in the internal affairs of another country, and

international law prohibits states from engaging in police

actions, summary executions, and terrorist acts abroad.

D. Other Federal Violations

Finally, Malabed's attorney's admission that Malabed

received over $500,000 in unreported cash from a foreign

courier raises substantial questions regarding violation of

U.S. Customs disclosure requirements.

CONCLUS ION

This memorandum ends with a call for justice. The

solid evidence of wrongdoing, coupled with the clear intent

of numerous federal statutes, mandates that responsible

federal and state authorities insure that full protection of

the laws shall be afforded to all citizens. It is vital to

bring to justice all of those who subvert our democratic

rights no matter how powerful or influential they might be

or may have been. Marcos' recent efforts to charter a plane

-nowand return to the Philippines to topple the government of

Corazon Aquino all demonstrate that the evidence summarized

here is not of mere historical interest. To investigate the

Marcos/Ver/Malabed/Baruso connection, and to seek criminal

charges, as the evidence warrants, will send a powerful

C:) message to other governments, friend and foe alike, who may

be tempted to engage in covert and terrorist operations and

co to subvert our laws and constitutional protections.

CC.

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Vasbilgtofl D.C. 20463* ,:. :ricu? GEzRAL COMMSEL' BE""a

Date and Time of Transmittal BY NUB 0 21560G oth o-iso Date Co~paint Received

OGC o th ComissonBy o0C March 26t 19e6

Date of-Notification toRespondent Api ,19Staff Eric HTiniTl

Complainant's Name: Mary Jane Freeman

Respondents' Names: ReagalnBushAngela M. Buchanan Jackson# treasurerCarter/Mondale Presidential Committ6,eeS. Lee Kling, treasurer

Senator Alan CranstonDemocratic National CommitteeSharon Pratt Dixon, treasurer

Leonilo malabedGovernment of the PhilippinesFerdinand Marcos

Relevant Statutes: 2 U.S.C. S 441e and 5 441f

Inte:nal Reports Checked: Disclosure ReportsContributor L0ists

F~ederal Agencies Checked: None

Suary of Allegations

On March 28, 1986, the Office of General Counsel received a

signed, sworn and notarized complaint from Mary Zane 'Freeman,

alleging violations of the Federal Election Campaign Xct of 15711

as amended, ("Act). Specifically, the complaint alleges that

the 1980 Presidential campaigns of Ronald Reagan and Jimmy Carter

plus United States Senator Alan Cranston and the Democratic

National Committee may have accepted contributions made by a

foreign national, in the form of! contributions made in the name

cf another.,

ATTACHMENT B

CDt

0

01

CI

-2-

ractual and L&*9al Analysis

Complainant' submitted a one page complaint accompanied by

several newspapr articles concerning the allegations. The

subject of the complaint are alleged contributions made by an

unnamed foreign national (or the Government of the Philippines)

to the following: the 1980 Presidential campaign of Ronald

Reagan (OReagafl-Busho)t the 1980 Presidential campaign of Jimmy

Carter (Carter-fiondaleO)t United States Senator Alan Cranston

and the Democratic N4ational Committee (ODNCO). Complainant

alleges that these contributions may have been' made "in the name

% of another' and also may have been made in 'excess of the

0 federally imposed limits from these sore.

The two newspaper articles submitted with the complain-t

provide more details as to the circumstances surrounding the

CII complaint's allegations. According to the articles, a document

brought to this country by former Pr-esident Ferdinand Yarcos cf

the Philippines purportedly shows that contributions were made to

t,.he following candidat%.es ;in t,.he following amounts: 01 i r y %Va *Za.e r

-C5l,500t Ronald Reagan - $50,000, and rlan Cr.anston - SFI0,000.

The contr ibut ions were supposedly made through the Mabuhay

Corportation of California, whose director at the time was -D.

Leonilo IMalabedt a boyhood friend of Marcos'.

Notification, of complaint letters were mailed to the alleged

recipients of these contributions and to Dr. Leonilo Malabed. 1/

I/ Letters were also sent to Ferdinand Marcos in Eawaii and to

the Embassy of the Philippines, as a representativ f h

Philippine Government. The Mar-cos letter- was not responded to

n-r was it returned undel!ivered. The T.=bL.s~e :esponded throug'hthe VnIted States Depa)rt.,ment. c ! S ta t .

.103-

All of these par-ties responded in writing.

The Reagan-Bush response requests that the Comisision take

no action on this matter, since the complaint has no basis to

support the allegations, inasmuch as it lacks any evidence that

the contributions were ever made.

The Carter-Mondale response denied knowingly receiving

either contr ibutions from foreign nationals or contributions made

in the name of another.

Senator Cranston's response denies having ever received a

campaign contribution from Ferdinand Marcos or any of Marcos'

o agents or from the Philippine government. Cranston admits that

O in 1980 his Senate campaign received $500 from Dr. Malabed, but

states that he had no reason to connect this with Marcos or athe

phi2.ippine Government.

The DN'..s response denies any violation with regard to

oco=;Iainant's al.ecations. The DN." admits receiving a

contribution from Leonielo Ma'labed in t#-.e amount of $4125, but

states that the contribution appeared on its face "to be a lecal

contributI.ion fro= a resident of California&, and the :)',- properly

reported it as such.' The DNZ. Stat~es that the complaint contz.,6n

insufficient evidence to support its allegations, and that the

DNN^ did not knowingly accept an illegal contribution of funds

obtained by Mr. Malabed from prohibited sources.

In Malabed's response, he claims to not be "aware of any

foreign (Phil'.1_ppi!ne) sources o! money contributed to politicians

... ouch me or anyv ccr~ora-.!c-n under my Contrc~ : o wersnip.'

The prohibitionl on contributions by foreign nationals is

contained at 2 U.S.C. S 441e:

it shall be unlawful for a foreign nationaldirectly or through any other person to makeany contribution of money or other thing ofvalue... in connection with an election toany political office;.,. or for any person tosolicit, accept, or receive any suchcontribution from a foreign national.

The term "foreign national' is defined by 2 U.S.C.

s441e (b) (1) to mean a 'foreign principale as this term is

defined specifically by 22 U.S.C. S 611(b). Section 62.1(b)

defines a 'floreign principal' as including:

0(1) a government of a foreign country and a

o foreign political part-y.

(2) a person outside of the United States,unless it is established that suchperson is an individual and a citizen of

Co and domiciled within the Vnited States,or that such person. is not an individual

17 and is orcanized under or created by tnelaws of the United States or of anyState or other place sutject to the

CO jursidiction of the Uni-ted States andhas its principal place of busineses in

cc 'the United States, and.

(2) a pa-tnership, association, corporation,organization, or other coc:;nati on of

persons ognedunder the laws of crhaving its principal place of businessis a foreign country.

The prohibition on making cont r ibut ions in the name of

another is contained at 2 U.S.C. 5 441f:

No person shall knowingly make a contributionin the name of another or knowingly permithis name to be used to effect& such acontribution, and noperso-n shal"_ knowincly

acc't co~tibutiot. made Iby one person ~

thie name of another person.

Itec ipients

The evidenlce supporting complainant's allegations is limited

at this stage of the matter. An' examination of committee records

on file with the Commission tails to disclose any direct

contributions by rerdinand Marcos (or for that matter# the

Government of the Philippines) to any of the alleged recipients

named in the complaint. M.. Malabed made several contributions

with regard to the 1980 elections, am follows:

D Ikeevient Amount Election

Carter-Mondale $125 1980 Primary

Carter"-Mondale 9451980 ?r imary

DN4125 1980 Pri4,mary

The report%-s also indic-ate that a Mrs. vlalabed made the following

C contri 4.but ions: 2/

C1% Ca:#,ter-Mofldae $500 190Primary

:arza~er-MondaIe 6425 190 P:imra:V

Carte:-Mondal2e 300 *.9.080 pri-mary

No evidence was submitted eaisnga link Ibetweel the

con.-ribut ions mnade by Malabed and any foreign national. The

2/ Mrs. Vialabed was listed as "Mrs. Leonilo," "Mrs. Patr-ice' and

TMrs. L.' with the same addresses as Leonilo Malabed.

k/~2thouch Ithe aggregate amoint cont-ibute! i;s S1400,

CO.. istent vi D ast Iomsso? ","o., h ~ice cf Genera-

nslis rec.ominenC.nq no action at t.is tirie on. a pss:.-tl

A. %0S.C. S 44.a(&) (() viola..or..

-6-

allegations are based on the existence of a document which

purportedly shows intended contributions by Marcos. However, as

each of the recipients expressly or implicitly contend, nothing

from the face of8 the contributions received from Malabed

indicates that they were made in the name of another or had

originated from foreign sources. Both 2 U.S.C. f 441. and 5 441f

require knowing acceptance of these prohibited contributions, yet

complainant supplies no evidence to establish that t-he recipients

had any knowledge that the source of the contrpibutions may have

been someone other than whose name appeared on the checks.

0 With respect to each of the responses submitted by the

r, ecipients, the argument1s made go to the sufficiency of the

evidence submitted with the complai~nt',. Counsel fo:R eagan-Bush

contends that since the complaint supplies no evidence t,-hat .the

partic-U.ar contr !but ions wer-e eve: -made, there .is no :Casis for

makin; a reason to believe deater mnation. Counsel forarer

CO Mondale states that Ithat .C.ommittee has no knowledce recardine any

o , f the contrib!ut ions referred to in t..e complaIrnt.

Senator Cr:anston states that he has no knowle-oe of ever

receiving a campaign contribution !:oz Yarcos or any of his

agents or from the Philippine govenment. Senator Cranston admits

receiving a $500 contribution from Leonilo Malabed in 1980, but

states that he does not know Malabed and had no reason to connect

him with Marcos.

The DNC states that while It too received a contribution

me onibo Mz,a!)abe n Sl 6C.th e =n t ibuti.o n ane a :e d c n.zs

f act to be a lecal contribution !from a resident of Clfonaand

was properly reported as such.

WIM.

Because of the limited evidence submitted with the complaint

regarding the recipients of the contributions at issue, the

office of General Counsel recommends that the Commission find no

reason to believe that Reagan-Bush and Angela K. Buchanan

Jackson, as treasurer# Carter-Mondale and S. Lee Klinge as

treasurer# Senator Alan Cranston, and the Democratic national

Committee and Sharon Pratt Dixon, as treasurer violated 2 U.S.C.

S 441. and S 441f.

Contributors

The making of the contributions, by Ferdinand Marcos through

CO a conduit, possibly either by Leonilo Malabed or by a corporation

under his control, the Kabuhay Corporation, is purportedly0,.

evidenced by a document brought to the United States by Marcos

- and currently in the possession of the Rouse Committee on Foreign

Af fairfS, Subcommittee on Asian and Pac-.ific Affairs. A copy of

CD t.he document was received by the Commission. The document is

Ci abelled "Mabuhay Corporation Statemenat of rxoemses and date

m Februa:y 15, 1962. it purports to show expenses of Vc51,500 Paid

to Cart.e:, $50,000 paid to Reagan, and vcl0,OCO nai d to r-_ans-,,on.

The document al.so contains a handwritt''%en note, by an unident'-ifie.A

?er son, stating that the money was received fr.om ?1%B 4/ !ft-

intelligence purposes. If the information contained in that

document is correct, contributions were made by Marcos through

the Mabuhay Corporation, with Leonilo Malabed serving as conduit

as agent of the Mabuhay Corporation# then such activiti~es

~, ?0SS~~V, tfl ?i.±liine National B.ank, accordinc to new'saccount.s attached to the co=mIzint.

would violate 2 t7.S.C%04 5 441e. Marcos, by virtue of his toreig..

citizenship, is a foreign national within the meaning of 2 U.S.C.

5 441e. A foreign national may not through any person Contribute

to any election for political office. Additionallyr if the

actual contributions were made in the name of Mr. Malabed and

others, this activity would violate 2 U.S.C. 5 441f, which

prohibits any person from allowing his name to be used for a

contribution by another.

Ferdinand Marcos was notified of the complaint but failed to

respond. 5/Mr. Malabed responded to the complaint, stating in

an. unsworn response, that he i.s 'not aware of any foreign

(Philippines) sources of money contributed to politicians in this

ocounty through me or any corporation under my cont4.-roI or

ownership.0 'This denial was accompanied by what Mr. la.'abed

terms a 131st, of his po]6.!.iticaj con tr :!but ions made from 1979 to

1963, on a document apparently filed with a San r:anc;is.-o c-ity

officiaal. Bowever, the list is not an accurate disclosure

CID :ecord. This list includes the 10.80 contr:ibution by Malabed to

Go the DNIC bu reports the amount as S5000, whereas both O.isic

and .-C ecords show the amount as T45 he 1.ist a'lso f.a:is to

:nc%.lude any oft the conti,::butio-.s previ*ouslv ci*ted as havinoc bee-

made in 1980 by Malabed to Carter-Mondale.

5/Mr. Marcos' notification letter was mailed to him in Hawaii

by regular first class mail. Although no response was received,the letter itself was not returned to the Commission, giving rise

to the presumption of delivery~of the mails.

-09-

In light Of these circumstances# the Office of General

Counsel recommends that the Commission find reason to believe

that Ferdinand Marcos violated 2 U.S.C. s 441e and S 441f and

that Leonilo Malabed 6/ violated 2 U.S.C. S 44f 7/ In

addition, the office of General Counsel recommends that the

commission authorize the sending of the attached letter to the

Chairman of the House Sub-committee on Asian and Pacific Affairs

requesting any information they may have.

Recommenbda tions

The Office of General Counsel recommends that the

o co~ission:

1. 'Find reason to believe that, Ferdinand Marcos violated

CD ~ 441e and S 441f.

2. Find reason to believe that L.eonil al.d ilae

Z ~secW S 441!.6

3. Find no reason to believe thtReagan-Bush and Anael'a

X.. Buchanlan Zacksof, as tr:easure:-, violated 2 C... 441e ar.6

4. Find no reason to believe th.%at the %Ca::te:-Monda.Ce

Pe s _ 6e ntialI C'orn m 4 tt.,ee and S. Lee Kl2ins, as treasur:e:, v-:ated

2 Z.S.C. S 44.e and 5 441.

rind no reason to believe that Sena:,= r .an :n:

viclated 2 u...S 4U'se and 5 441fe

T-1 Be~ause the 'Kibuhay CorpDoration was dissoved in .90, th

5!fice of General Counsel is recommending that, this determination

name Leonilo Malabed, who was agent for and director of the

corporation, and who, it is alleged, may have actually made the

contributions.

7/ The Office of General Counsel is making no recommendation

with regard to the Government of the Philippines, since the

newspaper articles specify Ferdinand Marcos as the contributor.

Additionallyt no recommendation is being made with regard to the

ex-essive amount of the contributior sinCe t-he entire amount Of.

tecont:ibutlOflS Is presumably~:~~ie by 2 5TSC 4"4e an..

1 %-10"

8.Approve

A,4b~ 1 i76Va toL/AttachmentsA. Respon5sB. Letters

the attached letters.

Charles W. SteeleGeneral Counsel

Lawrence M. INobleDeputy General Counsel

0

0

N

CHARLES 0. MORGAN, JR*450 Sansome StreetSuite 1310San Francisco, CA 94111-3382(415) 392-2037

MICHAEL E. WITHEYSchroeter, Goidmark & Bender, P.S.540 Central BuildingSeattle, WA 98104(206) 622-8506

oD UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CALIFORNIA

C0In re Deposition of)

- Dr. Leonilo Malabed)l~ Misc No. 8688 WHO

ESTATE OF SILME G. DOMINGO,)CD et al.,) For. Dep. 86-215

For. Dep. 86-362Plaintiffs,

) DECLARATION OF BONIFACIOv, GILLEGO. RE PLAINTIFFS'

)o MOTION TO COMPEL DR.REPUBLIC OF THE PHILIPPINES, ) MA1LABEDet al..,

Defendants.

It BONIFACIO GILLEGO*# depose and declare:

1. I am the U.S. based representative of the Philippinegovernment's Presidential Commission on Good Government (PCGG) with

offices in New York City and in Washington, D.C. at the Philippine

Embassy. I have been commissioned and authorized by Philipine

President Corazon Aquino to investigate and bring legal action to

retrieve property owned and/or controlled by Ferdinand Marcos in the

United States. The chairman of the Presidential Commission on Good

Government is Jovita Salonga.

2. As part of my official duties on behalf of the PCGG, I

travelled to Washington, D.C. with Jovita Salonga in March of 198b ,

and was physically present when U.S. Under-Secretary of State for

Political Affairs, Mr. Michael Armacost, physically delivered over

2,500 documents to Mr. Jovita Salonga. These documents provided to

7 myself and Mr. Salonga were seized from Ferdinand Marcos by the U.S.

Customs Service in Honolulu, Hawaii after Marcos fled to Hawaii from

O the Philippines following his removal from office by Corazon Aquino.

03. The originals of these documents are retained by the U.S.

government.

4. 1 maintain in my office in New York a full set of copies

of all the documents provided.

o5. The attached document, Exhibit B, entitled 'Mabuhay Corpo-

0 ration Statement of Expenseso (hereinafter 'Mabuhay Statemento) is a

true and authentic copy one of the documents provided to Jovita

Salonga and myself by Under-Secretary Armacost in my presence; it is

maintained in our files in the New York City office of the PCGGX''".

6. The Mabuhay Statement is but one of hundreds of other

similar documents in my possession which detail, itemize, and

document the expenditure by Ferdinand Marcos and others for the

purchase of real estate, transfer of funds, expenditures of monies,

establishment of accounts, etc,, in the United States.

7. For over 20 years I was I a military intelligence Officer

in the Armed Forces of the Philippines and conducted extensive

military intelligence services on behalf of that government abroad.

I received training from the United States Central Intelligence

Agency. I worked on foreign assignments on behalf of the Philippine

military. In the course of these duties and since then, I have

investigated, researched and studied Philippine intelligence activi-

ties and agencies abroad, including those in the United States. I

am personally familiar with the Philippine intelligence operation

o abroad, including its major agencies, means of operations, methods

of gathering intelligence, and use of "covers* and funding sources

to accomplish its missions and tasks.

8. I left the Armed Forces of the Philippines in the mid-

seventies and came to the United States. Since that time, I have

st,-udied, researched and investigated the role of Philippine inte-Ii-

gence agencies in the United States and, in particular, their

o, activities on behalf of the Marcos regime to monitor and operate

against the anti-Viarcos opposition in the United States from the

period of the mid-seventies through the present. I have written

papers and reports on Marcos intelligence operatives, and have

provided their names, military history, duties and activities to the

present government of Cory Aquino. Since being appointed U.S.

representative to the PCGG, I have had access to the documents of

the Armed Forces of the Philippines, the National Intelligence and

Security Authority (VISA), and other intelligence agencies. I have

further had conversations with leading officers of the Philippine

military establishment, including General Fidel Ramos, regarding

the presence and operations and funding sources of the Marcos intel-

ligence apparatus in the United States. I have a first name

familiarity with the names of Marcos intelligence agents in the

U.S., including during the time period 1978 through 1986.

9. The major focus of our investigation of Marcos' financial

arnd real estate holdings in the United States are the financial

activities of Dr. Leonilo Malabed of San Francisco, California.

10. 1 have studied the the Mabuhay Statement carefully. It is

a statement of expenses which itemizes expenditures for a part of

0 the Marcos intelligence operations in the United States. To

further explain -the document for the court, the handvritten state-

merit at the bottom reflects the withdrawal of $1,000,000 from the

OPNBO -- Phili~pine National Bank for *inte2.igence purposes". -

Philippine National Bank, whose headcuarters is in Manila, operates

offices in the United States, includ--ng California. The haridwritten

note further indicates that the withdrawal of this $1,000,000 was

under the "authority of the Chief of Staff. This refers to Chief of

Staff General Ver, who headed up the Armed Forces of the Philippines

Intelligence Section, the National Intelligence and Security

Authority, and the Presidential Security Command (PSC). each of

these agencies conducted Intelligence operations In the United

States for the last 15 years. These operations Included collecting

information about the anti-Marcos opposition, including such organi-

zations as the Union of Democratic Filipinos (KDP)# the Coalition

Against a Marcos Dictatorship (CARD) I and the Movement for A Free

Philippines, amongst others. Each of these organizations conducted

activities, had meetings and conferences and engaged in anti-Marcos

protests in the Bay Area and in California.

11. It was a routine and normal intelligence procedure for

General Ver to authorize the expenditure of funds for intelligence

activities in the United States, including for Ospecial security

projects".

12. The PSC-CG referred to in the Mabuhay Statement refers to

C the Presidential Security Command -- Commanding General, again

General Ver. The statement ' advances to CG" indicates the funds were

used on behalf of the CG -- again General Fabian Ver, for special

security pr -jaez. This phrase refers to, amongst other things,

intelligence operations, including operations against the anti-

Marcos opposition in the U.S.

13. Based on my former position as a Philippine military

intelligence officer, my studies and research of Philippine intelli-

gence in the U.S., my duties and responsibilities in my current

position, my review of documents of the present Philippine military,

and of the documents brought by Ferdinand Marcos to the U.S. and

provided to myself by the U.S. State Departmente I am of the follow-

ing opinions:

a. The expenditures listed as *special security projects' in

the Mabuhay Statement were payments made by or through the Mabuhay

Corporation and were part of the funding sources for Marcos intelli-

gence activities against the anti-Marcos opposition movement in the

U.S.N

4Db. That the use of the Mabuhay Corporation was to provide a

suitable cover in order to avoid detection of the t#.rue source of the

0 funds for such intelligence purposes, i4ee., the former government of

the Philippines under Ferdinand Marcos and General Ver. That the

use of such a cover is a routine intelligence device, utilized by

o all intelligence services including the Philippines.

C. I am firmly of the opinion that the *special security

C) projects' were undertaken on behalf of Ferdinand Marcos, General

CO ~Ver, and were used, in part, to counter thl.e influence of anti-Marcos

opposition in the U.S. to monitor and operate against them and for

his other propaganda and political purposes.

d. That the Mabuhay Stat,%ement is exactly what it purports to

be; such corporation was used by Dr. Malabed as a cover and as a

conduit for intelligence operations and funds in the United States.

I declare under penalty of perjury under the laws of the state

of Washington that the foregoing is true and correct.

EXECUTED ON THIS _ da y 0 1986v atWa q

consulate @.5well of the ftillppIO"low York. N.Y.. U.S.A. MAY 2 2988

SUISI3D AM 311M to before m

of UmmmUS O Z.t WSNA 9'eMi.U~

NO 7O

o5W PO,~T~am O

D -

, 001"

ARTICLES OF INCORPORATION

OF

MABUHAY CORPORATION

90237ENDORSED

in law gate *1 I*. Svtlary 6 S1000

NOV9 1978LmiA34 rutJZ Eu. swrtwq..y swvS,

Phyllis E. BiaggiDeputy

ONE: The name of this corporation is

MABUHAY CORPORATION.

TWO: The purpose. of this corporation is to engage in

any lawful act or activity for which a corporation may be

organized under the General Corporation Law of California

other than the banking business, the trust company business,

or the practice of a profession permitted to be incorporated

by the California Corporations Code.

THREE: The name and address in this state of this corpora-

tion's initial agent for service of process is:

DL%1E1L1 F. RE:DY, Escyire"703 N:arket St-reet, Stuite 1506San Francisco, California 94103.

FOUR: T"his corporation is authoriZed to issue One

Hundred (100) shares, all of the same class, desig-nated

"Common Shares."

Dated: 1overmbe- ,97 E. -*, /

or K Y'

LE9NILO L., MALABED-In 'orporat'or

I declare that I am the person-who exec ated the above

Articles of incorporation, and this instrument is my act-..

and deed. .l \S-)~~~~~~ .'.0FZ1AE

ATTACHMENT D EXHIBITA -

C

A

i.

- MINUTES OF ACTIOU OF INCORPORATOR

TAKEN WITHOUT A MEETING BY WR ITT EN CONSENT

The following action is taken by the incorporator

of MABUHAY CORPORATION, a California corporation, by

written consent, without a meeting, .on November 27,

1978 under sections 210 and 307(c) of the General Cor-

poration Law of the State of California.

The following resolutions are adopted:

RESOLVED that LEONILO MALABED shall enter into

an agreement whereby ?-LkBUHAY CORPORATION agrees to

o purchase radio broadcast station KJA.Z of Alameda, Cali-

- fornia for One Million Six Hundred and Seventy-Five

Thousand Dollars ($1,675,000.00), subject to appropriate

-0 conditions.

RESCL"VED that DLO 0 1 E shall loan ~3~A

Cr. CORPORATION the sum of Twenty ."ive Thousand Dollars

cr. ($23,000.00) as an earnesz money 4eposit rfor the KA

acreement.

RESOLVED that DAN:El. REZDY s*hall_- coorcdnate thie

preparation of an application to the Federal Commxunica-

tions Commission whereby NABUHAY CORPORATION could re-

ceive FCC approval for the assignment of the KJAZ license.

The undersigned, the incorporator of this corpora-

tion, consents to the foregoing action.

Dated: November 27, r 1978

LEIN ILO ZIAL.AED

Incorporator of MABUHAY CORPORATION

PY141AIT 6

slow (116 445-2020 OFF.Ct USI ONI'L

3ACRAMEN7O. G 5S2SUE OF CALIFORNIA C RM AT NSTATEMENT BY DOWIVESTIC STOCK CRPRTO

1IIS IAYSMP4? mus.1 sitfIIO WIH CA-LIf onkA (CnAlAAV O SlAITESEC s~ OPAb~ OS

'. ORPORATION AM DHEREIN. ORGA'AAKES THE FOkLOWNGSTEMENT:

SIPCIADOSSOFPSINC"PL ESECUTIVI C

145 plountain Spring Avenue

NIZED UNDER THE LAWS OF THE STATE OF CALIFORNIA.

-=i e'I OMrw

San Francisco,atw 6 14aYS

CA 94114a' ow

IoU NoT U14 PU.O.w I - I_________--______

Same 0 80I51 . OXN' ev-So o

'041LINdG AA35 SS IOPISONAL) pnON;w

JAMES OF THE FOLLOWING OFFICERS ARE:. ________64

Leonilo kMalabed &A 145 Mountain SrnqA san FranciSC CA

L C1111E LrCuIVI OFICIA R asNGs 00 USSEOS#CU * 01 01f 0 1 0 a" I CIf 5& gu

Daie sIA iyre t 56b SanFa ASC940

9 0 a n1 00ClIv ate op o

egsmetrio Jayme G 100 California r #1060 San Francisco, CA "94111

ESEDRTORSAUHORE ALSOEOFIEC(TORc aS.pINC~LUINGsto VACANCIES

NAMES AND COMPLETE BUSINESS OR RESIDENCE ADDRESS OF INCUMBENT DIRECTORS INCLLUDIN 4

A beonilo Malabed 145 Mountain Sprinq 1 Sar. FrancicC 41

esuts'~S5 DoOtsllINCoat 0051 0409NO'usE 0 0 sx' ICITY I STS~ irCO

9,omeo Espe."anZa 717 Edge Lane Los Al1tos, CA 940229SSNISS C S041160OECE ADOUSS 400 01'NOSIU, 0O0$02,CIT 51tip"COWS

N~ev. Fred Al. Bitanga 756 Mission Street San Francisco, CA 941203

O'bemetrio jayme 100 California, # 1060 San Francisco, CA j 94111.

OuS90VISS 011 O IIFNC! &Doosss#to "0Nus! 00'0 si .Cow. &SIA'E 2'. coot

Zo-ilo R. ina.c-e 565 Junirpero Serra Blvd San Francisco, CA 922

W-N O PVC O RCS Daniel F. Reidy, Attorney al.,1aw, CCNTWI NT: P -

CO-7Q3 Market S6treet, SuiAte 1506, San Frarn.:isCC, C.A9C

Busimess 0' rSesicn 2c drsS I! a tidiviouai 00 NOT A"= RSS 11AGE%- S A C R::Z';I

TYE F 1011. Purchase and oDerate a r adio station

40C61 . A 0* eas ANP I ?I&A10To SI*IIMBNPT &AND To ?"1. 51!Joe" ' £N0W10.to&60 11. 1?OIt A6 7 xtl c000C ANto COPLIL

0 2 IluAA SS%*?t*0' 09 CO'(MA't VtCle 0'0~

9023730 DUE. DA TZ02077Y .'4

tASUHAY CORPORATION

70 O~q T1ST STS 1506SAN FRANC I SCO CA 94103

9PLEASE 00 N'-1 IPT4--PQEoQ1NTE C = POAA7E NA'k'E £'.O AC)ESS

ATTACHMENT D EXHBI e-

ye 0

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a:

Withe~p~t Wl aOCmI~t ewOat no tom of 6,9",i ifli s~nalto ... afw witto weOatt to G&:

WCihmebe SPUW GOSO fkll Pw~ 004101 Wmoi~ponc. VI .1mtlSn FIOWU. each ecoint will to" t 111111"

accowjftill mem~oSO su 0056IO in Peiton wopeo a so 10 eJms o thi 5W eenaltei# care t1w mo.ws 17

. jw'b .. aib. A&*. **- P'.- 5 06454uoub - seid S 'AsOA1465..,,

alsitwwOmSWItS of aisOAS t11141111. all appitwI aps a" f"itilSn. bno Ina pSClegeOS SIl

Gema on *#fact tcrn IM4 10to of I hliwc "an1 Ao tilowpill &VO1above sa'. ll &s in 00195 ScGowW &%&

be Sown" as ,fot to0As el tI Oh of VSihIO. gijlSl to wel chock, WOW Ofl 1S19 sOCUad oF -~ SO

9"N dopOItof aee mm55 each accunt moved .ittl fini Oith be buWtDII to Ira right of goo" f-l If"

ailsels to masts 01 .a" sUK% Geomfo1 10 "W extent "&fly Veosltiow. N~o ACANJOWLEOGIES S*ICP7 OF

A CO"Y OF SANES RULES FOI PEPSONAL CHtECOiNG &CCOUNIS 6 W&GULAPI SAVINGS AC4CW7S

it SAlliiovsl~~ AavOUCf*S Z sD LI, SIAIM11041 AND VOSIC SI$ uVtIll CAM ID #08

AUMOIZA111ON IC TILANSFER FUNDS

twi Ait A. LMI 004tIC I C.. At.i 704 C.41C61064 &C CoOW %NOW% &50Vl ^*do C61011 &S 00L.OM*1

AC £CCI" ':' -)&P0% awc Y &CC Am Okv# MSlut~ D *1 All ( AdL.

A

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ATTACHMENT1 E

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F.

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S

Department, do hereby certify tht~acopies of documents-on file with this Department.

%low .

at v'

.'A STATE* OFCLION

f ~ SATBANKIG DEPARTMENT

604 ft.

Q6

IPATRICKC. CARROLL9 Staff Servics Analyst

LOUIS CARTERSuperi tenoen-o of Banks

B ATRICK C. CARROLLStaff Services Analyst

of the State BankingIts are true gad correct

a.

Dated: 3une 3, 1986

ccv- -

ATTACHMENT F

I __ __ - __ - __ - d - -- sommm

00CUMC

* - APPLICATION FOR AUTUORUTY TO ORGANIZE SANK

To: Superintendent of 3Banks,., Dates

The folowing persons;

blame EzjlPhilippine National Bank*

,mAddres, rola a lahiipie--

Busnes r CCp'..Eh I---A I 'A**.d4p i M tj '& 1,1

Name- Leonides Virata'e'4

SAdd ,.n t endia, IMakati, Rizalo Philippines7:

7:Business or Occupatio.- jaChairman gtheBoar Dvlnt bank of the Phi1± e~

Ncern. Roman Cruz,-. r 0J01Gove nrnen- Service insurance System, GSIS Bld g.Acires&- Aroceros . Manilar PhilippineV

B usiness or Occupotio .General Ma 0e Goe'znrtSrvice Insurznce SvstIIUev%Nre Gilbert.o Teodoro

50ia ecur~.y ystem, 55 c1g.A -:_4re st ast ,-Avenue, Quezon City, Philli~ines

Eusn.ess ~or ~Administrator, i015.1Secuv te ______

Ncre-B a s 1.do E st a n isIao 0Ncthe P, c aix 0± teh r B..F..Condomrn.4111Ur

- an, 'ai a, l~ivines

ro.si s r ioL Presidentp Land Bank of t-e Philivpinescc ~~~~~(if .Wdititsae eis m ~wrod 61MR* o ah. M~)

-hereb y apply for outhority to orponize and establish a corporation uhder the lows of the State ofC!cr-*'-nio td engcpe in t- comm~ercial banking businesa trusi business(Chock one or 6oth)

at Vlcini'-y of Islo goinP~y are acrrnp ,mAi.pp.(Sweet eddrM W WIdiY)

San rrancisco City San Francisco County(city) (~u~

under the nrn~e PHILIPPINE BANK OF CALIFORNIA

With total ccpitalizction of C5 .00000-

The :erson cljhori ed to re~resent the oppli~cnts in conn-e-..ion with this ~c~o ~

Addaress: 235 ?Montocree St.-, San Fwancisco. California 24104

UXTaYV-DOHMhANNUAL WOK?

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72PArCZDD L NAPA. IX.peUI"a"

March 25. 19B3

MEMOR.AUM 'for V

president For wand Eiz.

Siab~ect: PMILIPPINE rNELIL9 OENCE

May I request your approval to charge te~T~n~~i1Y

against Accounts Receivable (Office of thie President) the

unljauidated advances .11orm our New Tork Branch~ totalling

VUSS9,~ BO05, 371. 98.

ceval wU.%b;.qgCD±Lbs

0

ATTACHMENT G

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PHILIPPINE NATIONAL-BANKt@orcif pgOffm orI uIP t of 114 P'LwP"S

/000

0~*

SMON

v.5..

C2

SLUiMARy OF RECONCILING ITEMS

WITH -Pfe NW YOEDRK BRAN CH

YEAR

1976197719781979

Trotal1

24

283

3

11433533333

761 ,491-.20, ~ 4 .9

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$ 7 O~O

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ATTACHMENT G

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894 6K

1 UNITED STATES DISTRICT COURT

2 CETRAL DISTRICT OF CALIFORNIA

3

4 ESTATE OF SILME G. DOMINGO, CASE NO. Misc. 17745

ot 81., (RELATED CASE NO. C82-1055V,5 ) U.S.D.C., W.D. Washington)

Plaintiffs, )6 ) DECLARATION OF PACIANO F.

Vs. ) DIZON IN RESPONSE TO SUBPOENA

7 ) DUCES TECUM SERVED UPON THEREPUBLIC OF THE PHILIPPINES,) PHILIPPINE NATIONAL BANK, LOS

8 et al.0 ANGELES BRANCH

9)

10 I. Paciano F. Dizon, declare:

Ln11 1. I am Assistant Manager of the Los Angeles Branch

o12 of the Philippine National Bank ("PNB/LA") and I have authority

013 to certify the records produced herewith. I make the

14 statements in the following paragraphs based on my present

151 knowledge, information and belief.

%716 2. PNB/LA is licensed by the State of California as

M 17 a wholesale branch office and is the successor to the

C0 18 Philippine National Bank San Francisco Agency ("PNB/SF"). In

cc 19 March, 1981, PNB/SF moved its offices to Los Angeles, and in

20 May, 1982, converted such offices from an agency to a branch

21 office.

223. The documents attached hereto as Exhibits A, B, C

23 and D are true copies of all of the records of PNB/LA and

24 PNB/SF described in the attachment to the supboena duces tecum,

25dated July 18, 1986 served upon PNB/LA on or about July 22,

26 1986.

27

28

1~ -1- ATTACHMENT H

14. Such documents as were prepared by PPNB/LA and/or

2 PNB/SF were prepared by its personnel in the ordinary Course of

3 PNB/Lks or PNB/SF's business at or near the time of the act,

4 condition or event.

5 5. Such documients constitute all documents

3 responsive to the subpoena duces tecum served upon PNB/LA which

7 were found by PNB/LA as a result of a diligent and

8 comprehensive search of its records and of its files and of all

9 of the records and files of PNB/SF which it has in its

10 possession, custody or control.

In 1 6. Exhibit A consists of three pages. On the top of

o12 the first page is a copy of an entry form used by PNB/SF used

13 for internal accounting purposes which describes a payment made

14 by PNB/SF to Dr. Leonilo Malabed in the amount of $150,000.00

0 15 by the issuance of a check drawn on PNB/SF's account with

IiT 16 Lloyds Bank of California. At the bottom of the first page of

C 17 Exhibit A is a copy of the check issued by PNB/SF to Dr.

00 18 Malabed in the amount of $150,000.00. This copy of the check

19 serves as PNB/SF's credit ticket or. the transaction.

20 The second pace cf Exhibit A is a copy of" both

21 sides of the cancelled check in the amount of $150,000.00

22issued by PNB/SF payable to the order of Dr. Malabed.

23 The third page of Exhibit A is a copy of a telex

24 received by PNB/SF from PNB's Head Office in Manila advising

25 that instructions had been received by PB's Head Office from

26 Dr. Malabed or someone acting on his behalf to issue a check in

2 -, the amount of S150,000.00 payab--"e to Dr. Malabed by DNB//SF~ in

2S!'-S.dclla.-s.

-2-

17. Exhibit B consists of two pages. On the top of

2 the first page is a copy of an entry form used by PNB/SF used

3 for internal accounting purposes which describes a payment made

4 by PNB/SF to Dr. Leonilo Malabed in the amount of $40,000.00 by

5 the issuance of a check drawn on PNB/SF's account with Lloyds

6 Bank of California pursuant to cable received from PNB/SF's

7 Head Office in Manila by order of Dr. Malabed or persons acting

8 on his behalf. At the bottom of the first page of Exhibit B is

9 a copy of the check issued by PNB/SF to Dr. Malabed in the

10 amount of $40,000.00. This copy of the check serves as

LA3 PNB/SF's credit ticket on the transaction. The second page of

o 12 Exhibit B is a copy of both sides of the cancelled check in tChe

o13 amount of $40,000.00 issued by PNB/SF payable to the order of

14 Dr. Malabed.

15 8. Exhibit C consists of two pages. On t6he top of

16 the first page is a copy of an entry form used by PNB/SF used

17 for internal accounting purposes which describes a payment made

18 by PNB/SF to Conrado Rubio, J. in teaon f$,0.0b

Cr 19 the issuance of a check drawn on PNB/SF's account with Lloyds

20 Bank of California pursuant to cable received from PNB/SFsc

21 Head Office in Manila by order of Mr. Rubio or persons acting

22 on his-- behalf. At the bottom of the first page of Exhibit C is

23a copy of the check issued by PNB/SF to Mr. Rubio in the amount

241 of $5.,000.00. This copy of the check serves as PNB/SF's credit

2zjticket on the transaction. The second page of Exhibit C is a

261OPYof both sides of the cancelled check in the amount of

-n7I5000.00 issued by PNB/SF payable to the order of r.Rut1'-

28

-3-

19. Exhibit D consists of two pages. The first page

2 of Exhibit D is a credit ticket which is an entry form used for

3 internal accounting purposes by PNB/LA which describes a

4 $10,400.00 disbursement which was made pursuant to instructions

5 from PNB's Head Office in Manila. The bottom of the first page

6 of Exhibit D consists of a debit ticket which is an entry form

7 used by PNB/LA for internal accounting purposes that describes

8 a debit for a $10#000.00 disbursement made pursuant to

9 instructions from PNB in Manila's Head Office which payment was

N10 made against PNB/LA's account with the Philippine Bank of

iiCalifornia.

o12 The second page of Exhibit D is a "Debit Advice

013 Form" which I am informed and believe was issued by t%-he

14 Philippine Bank of California and was sent to PNB/LA indicating

15 that the Philippine Bank of Calizfornia charged PNB/LA's account

161 with the Philippine Bank of California pur-suant to PNB/LA's

17 ins.t ructions which were received from PNS/LA's home office in

co ~18 Manila, and that pursuant to those instructions a $10,000.00

19 payment was made to Mr. LitCo Gcrespe. I am i nformed and

20 believe that Mr. Buernaventura referred to on the second page of

21 Exhibit D was an officer o-; Phil'.ippine Bank of California. Ms.

22 Amy Gella referred on the second page of Exhibit D was an

23 Assistant Agent of PNB/LA as of the date of this document.

24

25

26

27:!

28!t

-4-

I I declare under penalty of perjury under the laws of

2 the United States of America that the foregoing is true and

3 correct and that this declaration was executed this 10th day of

4 September, 1986 at Los Angeles, California.

5

7PACIANO F. DIZON

89

o 12

o 13

14

16,17 17

cc 19'

20

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awgeag 0.O606ryal &uS

DupOSlYS WIfh LOCAL SAMESLLOYDS SAPk CAUPOWIA

PHILLPPrNE NATIONAL B-ANKSAN FRANCISCO AGENCY

235 MONiTGOMERY STREECTSAY FLLN CISCO. CAIZYORKIA 94104

N2 16820

f*) 4jC:..- DOLLA&RS,

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FOR ACCOUNT OF

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PCON!I" 1A?

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F-AMOUNT

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PHhz.WrINI, NATIO.NAL BANK*A.% FRA NCISCO A(JJCNCY

35 UNGOSRTUT5vBANM ACISCO. CAIO3M 04104

09610616~ 64V1016b

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SAN FRANCISCO AGENCY

225 MOY00I 10"V tv~- SAN CO. w CWPALPO N!

2.A'1-7

I AMOUNT

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DESIIT THE ACCOUNT OF.

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[3 DUE TO [3 DUE FROM

A.weeats9 *SIGNv6wUThOUZIO s1ga'V..

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Dosrv wriwm "AnMMfr. LLOYIN LUC CAUOOMA

PHLrjlPPrNE NATIONAL BAsx7SAN FRANCISCO AGENCY

235 WONYTGOMZRY STRAuTSAY RA.NCISCO CA3WORlgl& 94204

N a-

C#M9CK TO -- -onogR or . *I

FOR ACCOUNT OF

ACOU A&ED nb f mPAT~nrHMENT H

2652

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PAT DOIJ..&HS

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ATTACHMENT H

PHILII

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DEIjT TICKET

PHILIPPINE NATIONAL *4KSAN FRANC"=O ASUNCY

22! MONI@OMM hMh. SAN pSANCqS. CMUWNSA ViA.PO N! 2677

IDATZ

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DEposmT WI" LoCm "AmuSLLOYDS &A CAUP09"

PHILijPINE NATIo-NAL BASEN7SA~N FRANrCISCO AGENCY

23c WONroomy7 snlZ3RAN FRAXIAS. CALWIORNUA 94204 f

"A. 7617

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FOR ACCOUpwr mi m vidmu.

ATTACHMENT H

AMOUNT

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ATTACHMENT H-

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P HI LI P PIN E N A TIONA LLOS AN4GELES AGENCY

LOS ANGELES CALIFORNIA 90017

CREDIT DUE FROM LOCAL BA'NKS DEMAND (PSC)

DISSMmin Is mo. 1amIM,

P HI..IPPIN E N A T10NA LL.OS ANGELES AGCNC,

LOS ANGELES CALIFORNIA 90017

SAN K

IJC.D1U i gn MuOM %T=& -M1,__________________________

AO@PSY U.S IL h.A 00"^6W&

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AMOUNT U 6- 006AMS

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DATE

OUR NO#.

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Aff 13.- 1961

IVALUS OATSI AMOUNT OSS1TIO

$10000001~. t3ehen ltucto@ with 1NCO Iaena'etulC. f rm VA, *Asy Gslia,- ee i~tfg pmsecomt for the smnt of $10.000.00 dollars. payable to NCO Li20

~ae.ZS:6 V htAWN IL

-021ffIw Niselm k L,A*

IT.TO700 South Plover Street St. #2516

h.'' Ls Angeles, Calif, 90017

Wl 14AVSS IETIDYOUR

ACCOUNT. 111 fitg3 -CONTRA: ICf M

[PRPARED gy: 7A.0

d0LO I L D3LSss i

ATTACHMENT H

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3f4O0 1 06 9

§asfr~y Metis( (f0.rsi6

....-........

L.

Bly Le'. usrra

The kSAn Francis doctor

implicated in numerou% love'-

tigatlofls of Ferdinanld Marcos'

,,-called shidden wealth" ws"

duped by Marcos officials IntobecomingE the SCOPe Omt for the

probes. his sttonf~e said yes*

terday.

* In an exusiierWwtTeChronicle. atornev Patrick

liailiflat -.aid Dr Leon11o Malabed is

begie ,victlinized" because he WAS

pressured to sign a document that

falsely claim! his rio-Adeful~t Ma-

b uhay Corp received $1 mili'fl ID

Philippine intelligenfce funds 10 Pay

for covert operations In this count-

try.

Welsted scrawiled An unsigned

baedvitten Mmsage at the bottom

of the document drafted four years

alto in vouch for itu authenticity af-

ter betiip told be was doing a favor

for his b~oyhood fri end. marmt. lt

Smiart asid.

."Dr Malabed never received

uany IntelligFence mo-Y. ... H~e Is

6 Completely innoCit of any wrong-

Sdoing." the lawyer said.

'Me disrlcmUre marked the first

time that Malabed. through ihis at-

torney. has admitted that he has

Spersonal knowiedge of the contro-

Svensial document and that he wrote

i; the mrysterious note on It-

3 4 Wlshed opted to release the

tillfoiDton through his attorneybiectuhe he fears any~ public state-

ukn emakes about the doct'ment3. might bie used against him in court.

i~4

S.OF. Doctorciads seized froin MR

ary 1; wlpii lie arrSIs,

'Duped' by M~Cu.tm *l Filipino Am zrai local Of the 10omS-

rcos on Febru- shorent's union in Settle The whu

ived in Hlawali iterr murdered in tbeir UDOla f uefire lot June I,*,-.

tenci i 1.1 a doll-11 Stal. fe-di'ral

and PhillilIeI nvL.StIVA1i0iI5 of

Marcos auiivilili In tliscountry It

is alo a Meajor issue In several feder-

Oers. l111t the vrtinse faMmil Cos.-itrod flatS Marcos* govenmeint VUSrespoi!sitil. The 1,retrial hearhIsi

ci lawsuitS againsi the deposed lead-

er.

Malalbed has not ben chiarged

or Sued in conlit'iof with any Of

the cae% liU'Ae. Investigatorsl

and lawiyes for Marcos foes allexe

the Mbuhay document Is RentilC.

opponents of Marcos claim It

proves Marcos used Malatied's firm

to launder Philippine money that

provided furs for a 11181 double-

murder of Marcos foes in Seattle

and a variety of other illegalschemes in this country.

US. DAstridt Court Judge Wil-

liam Orrick in San lranc5co rultd

yftterday tIkat tlie document Is 0.6u-

tl~itic onaly fot court liurioss.

The ruling was part df a pce-

trial hearing in a ut filed in Seattle

by farilifes of Silime IDomlnKo and

(orne Vieriles. Tile two %ere oplxo-

For the first time, Aflaabad thlrough

h1is lawyer admitted to knowing about

a controversial docgumenlt

a 148111"s des i$jbaed to same.Ithe pbons' eapleftst ee *"t

IMl too tiule ispl~ St kas

EteS. a* 5Uuoney uiosmid. "Dr.labed didn't11* &asswb~at l'be said

Setween 107 said 1tst -

ed reeIvad, shOut S5(KJ.('fOSaIdiPPIS64I v'nlurs-ts wodie fund

pay far prmafcca telerialoBadme progesm. witial evtw a"Me, I1nsoWe't 6ctilvtlw Is thisentry sad Weak... lleUisiR saidI va' Istellaptoce awe"i

of)S Nit ne$ for.

Welshed agreed to eel 01wultor he n~Y WC8* '

Opnue offC~ Ial eas cd Opp@S6StS ofhiares would have a Po M

amd day" if the glivel miew dretd-

paid INr tlua pils.tAiO5 PMO

rawi. accerding to ltllims3

WNlsbed Woll HtallsAS

a lt h iico beonI

torne palace is ManklLThe paper. .likb Naabed

elilm be Saw onily lam lie f"na formD.faiaely listed thilt She WaheL3y

Corp. made Sl17 to" In PotC". o

tuU=S~ to us. pom~ictAS 3

amasun t 3 WWII Use actualI15

poltical donatlowi Malabed made01 111

hbb ova sam samib owa =*aoy -

MeWdIng Wo c"40e a# Nglabod5

camcded dieds sae avea"t

weekt On a request tbat wtbl.Ib4

hband OvOF anl Awosu of wabuhe?budem- .

Orrirksa decision, baud ea a h-

,ttttttlielt a Irepirt'elltivC fe adgnew Phatiplolew ROVerSfl mad_,ast week under oath. clears the way.,or attilltays to debfto 10 "0"t-whether the paper ina tawimS CCtt

of mabuhay expenses.

outside the coutlOm. howe""er. lilitian said the docutmSIt has

so conniectionto . Malsbed's frm.

None of the money lHOWe o theshcet was received or spent by die

corporation Malebed foratedaieyears alto in ait unsamcceasful.. attemapt to buy the FM radio stediaIKJAZ. the- attoney~ said.

IlTe doctor 11111itl*AO~his firm aindl the docurnet t

o serveas rover fur an) &pparalt embealO-jment scIieii* by other MAIMrcasP-,,,rtrT5 liaillent sallerd

~aa j..esba* IL%.st(w -

~ ___________________.*. I

kiheMt buhOY lst.*8,c' lsifceJt s.u aciss$BM

os~mi

dealed t a it h a psilidc lOClIist~hu c iw- AamO CoiAaaty stapermbrwho gan for tdo i

A m m " tiY k ~ U W i a Yf u u t a mbi .l a el A m a a w u w " w S.Iraaclscabeayor 5A515Uso

lot saVes mothd inus cadlbl r s.Sajiuatei~tGovru~ml ~LeG Uc Ca . rsh

A ig ~. most stll rein Per& WO daysta of tabec~i t'1 t "3c buur

taewd Oe two&I$"$a is -Insp"jUof the3I62. 478 Ited e h t~

99MM -my iam sey tlate Us- toP dwwst ",I!ladeed related 16 Mabuhay. a

s~I"SallSis isiasAWgN&s.

*ht~btatSe 5@VW f~ '*IrdalC31a1180S ossdblBE

'lbs4gUU w'~ -w

for h s fsCCb MsbuhAM CorP..

kiuad maliso SPmtoIIC Ia sI6 aitb ~ ~ -haeabval Lchdes

*at heIS.6.DM Mild

Stm eof the g~fls-on~the list At 1zedfr~m

-L"'&& L l

.Ailflm:b

A qtuinoSIa

jwe echowl board ~ddtAl4. thea adSmVa b U

Almse reiurt*dlegal doMS S frw abbbw1 Its six uitii600iibTans hodmtl~

'tb~ked WlCUO5Re ojdh by yeatesdal

%fatties .an UtheLraV diage"D~ -d

lare atUs mon -ckw ith .e' bib,Uuit1 :~ite*and Meik@e Ctlli h.h

*lrco' III'S wigpr

P" WOOL W-ir- arcos nave ci A omwalt 0 0Wraft&Wpporto6*1e ie"pscenatieS

curi treomi. ee d

CAN eb oe 4 esro wth a a p ro ven g en u in e W Sw'*

aoordotoms"I Is a fS.wheroboe

.1"W11of "f ag P'@sh ble ll c"s sow that piAnssto purchase gU*~S* ai , klnwitl Raosm. IIIA"m 3aI

-m aUwa? of lnmKJFMNfailthrougb in Odclbe' WWA lsit a scW 53.?6S Cai IFu duma V

l~g C 00 te tWN IW P' ag ae m t .selsoeddociameitof about $W 1P is l an. lISA ewesrs ioreferto as Mma w h9

woof U IENW ' llilly ~d asczt7 cb Wfotd epea'5ewas checked &ad fOuid Mcsuor or as teol1 ea w thU

O~ne'h S olllU.lda ita taeloed withe uch1 ai h. sm.0~~i~ut mne f** i

C e i e m u m a l 5 j p a a m i U l a e & I n v i e m i s t hMs e a ndL l a b l e d S a o "c a e l l a F e s l e 9 .W s W hisak'

whih la Marh 1 aM iUISW

CUM "dv Re40iM NA Pow otii. ~reerW theSamoa can cll re~d wSw'

S~6alimuva m enof about $14.000mtothe ,o. 1bWPSOL

a . D CAli. tIuJ effot to buyJUAZ but £ 't C

b u ~l~ a s mt o sh e r moehsdy'u f r. ave been more .T Mhe i ndkat'A he was . ~ Ie l are.d r co of It" red Il

b wm su L " jy lgth e f 1 0"MDpa d IS I t A W t lii fl t" t lal y ear is am kk G ro ve p b l " sh9OlWh b

M OM - s os e ave e a for a tioe s & j j I a s Sj~ * A n U C S I u U fro m b la b lab a y . 8 c a r c a s e w W Wap f o w m ed b y MO l -

jurplaft aboeitisest gem be said was a.' itt I WQ * t m. b h ed bj 14SldUsW

OE L~hle Nlabed a weilly g~ p~g ~m publ~ ~ee~ds tr~e a aralll t~aars to the festival tht1ea181 a b

e~ b yid tA sadO b isak of N rcass w hepo it ician s nthe Il&st sad dOalull OS s od he does aO uknoWw hoilpaid Oshah t v elb

founded Usbuba? with fl1e otmer WpLoo MyIfsubsy, lalsbed or W its IIo ther dije4 . .aby 5 adb mw otAS bYte.framYch"lry19" o mrcb 98LATTACHMENT I

6O -. t

I

ygwobhw e Nose

diaft Usdff MC,:

3e~sSI"e A 5anM &oud4adto itaaslINCIwiflha&ad ms I a ed"l

10

I

sudW O w evideaceweep~se 3555assamearll~

--- . ..u CE~hBia sui'

nips s rim ta

i~la of do

that the I veKW't U6~ 4 p~b~low

eahi5~~ wAth e

~,Wisaw" -

bAbitwi-is aA W1

L

- -- So Cent Nswintnd Pnms

*e0" of march 26 - APnI 1. 198jf WNo. 30

mo- 4 al

fos ties'PoIiticoIcontributionS eyed,now s AYI

ft- - w

MNMA~d~PW"h.lo' ___ po o-vp so -o of dO

&GO126" sposo summ" ~Nbow

-d lowlow e

hoi 0migWsoknbO.Oph 11OO

*hIt -~.~ .URO bl -

-s To ow-

*~ ~ ~ ~ ~~o Ywo"WW ed ~-,- -wo Own

T ba hiaheh y C s s 1

&AmSA. CIftl a. a am" of e6bsemtiel

Wof IMs polwSUSI or"

01041 phB~em- -WboAm- A. bos O b~

AmdNAWAIaUS" Cgoopsonoa

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ATTACHMENT I

0 . - " .

irmmi;'

* V V ATTACHMENT I- -

P ~

-r ~ .~. I - - . ~ - - . - . .'. .

- .- - -. ~ " __* - , - ~ ~

2' P ~ ~ ~ -. -. .~wrm~-*Yrrwr~- .;?w-.w.. -;-~--.---~~.---.- -- - -.

VtOMMR04 IAPRLI1,1966

l~aa6bed Mrcos t~ - Ut- w

41oiticianseyd. m-4 bCwfthy:IAmt AinmMi otrlhutors to 7 1 r

,wwe tMan=s. ItbisS. io ayMONS '-5159000 ederal Election Commission

formn wvy o i .M.30D000a 19L5450.00documents Presented to bM16~.ZW ftftin waka inIM od SMornip 2M .1 loym IM I-

i docuts wnW ed mi ad. . this hp dto app

..100 pp ew mwued be.dw in ~Wudrs. D.C.M 6be7Wei NA... With di.

iMMPartY 'n MHeil -411so indicate*Iata:Malabed sin of Th ntrlbutimis..'.-a turne~d 49PW 1the nelw amnibtasil SOo Ma.y Wmuid.

01 nntofPiwg~tCww VfDwratiNatloma Cn Anoter w erof itrkord

an'SA'r O In IMad pJ. i. 2M i3 Who "fixed to be ienifedVP~L"Wthde hmadm ang . M ar c sp ..h ot PmbdV cadkreud to PhuMU-OaWiyCorporati#OnEr the awkd any rihbonew duta hbe did not: wnriloin

:n&od twoe'M1979C 15was M= q f&M W 5 i5betOD tMCate cmpaqFn AmJhw~i

,sc TIW docu ltan=& $enator Cr anstotld the -iiUs W uay havibowrapaudmnOns otherfthig, ali@Fed hawrpw vNam, v pens rxw Us a . ..M.M I . --

oltflcontributions to the a. ht h neer o iAtied I OU y az appeatm s dos.AV v o!'forer w s -T amdon he Niiib *Iv&N I I co inito Wtrw politami

WUa A. ar Pe t Ronald m w.ay1 wdsin= h= maupmpns imi. %mia was

4V OW dformer wxifftlut- ds Inovd m aemuthw

5r .-blyman Larry Ann at alie wyhm o& oeiowusd yM&be wthu

4 OU.0 a&. Other tcket to my nainiw wpolial VvyUt7 owledp or approval mid

"W"'smm~otd *0 have hV~MMoos -Craun sai?. -6see the former Maruria) board-

= c~nnuwd to the pohna r n pont for Mabad to try to )Mibor.Di zp A fCalornia SarIMM r IUN iup MYV aUU bWlflt . Te authenticity of Athe-

-um owonO. sm PoratU bow storigyyl was committed to document whicr was foune

~l.a~iutna ove92rorLePo dP'= t r ~cm pOWe5 1.OLDPRIEM-D$ Ferdi MW=G andI

4F6*- ,San rrsnas Super The Mabunay Corporanson Ma&.aoec as * iwauntsmz-IV e

-6 uwKopp, and to two wichwa spv a c* hi' tod.a Sw hlmrc= L bAeUnf

nembers .ofthe board of Maastee as a sourar of fwidng reporter that tettdcumn. ood-taiti deposit arnd othr 4

imbamor01 SWn FwM. AD sw he pro-Mwarcb um .at 4mW oi.t be t,. t Ywra-le'd 0,3M . Trertese Politlawyr ver t cmazn ec bReic'

eeplIti cians denied anythe tiae was runt by a boarc of vaiie because vLws '. & oOWt f-~ __ &"M = .raw

.Mauefte of coniutwo i ite. Puvcuswino mM DWOto be 'Who uguuc it ' ne uar-'VI&

rb'Mrim os omffdnt to thbo. Marco.supporters. Asid~e front a not sapwrec.. w tm 9a rtOL~~

~rpa.hower. they admit- majabee. the other members unteims doaum- ve-rtn~g

ad ivmt ,umved the foLOW94w ere: DenmatoS. ;Ja, f oemer false...- Malaoec enec- Male ,-$ 2(Xk. crVonI

amu s 1mm Dr. Laonilo Mibd wesrpresentative of tlue bed has mU~taazid tial I labe .gines etIIM - 2.5, 1981. isder

1. Larry Amera. mw'g hus ddutwMari=* C=Wmivof O W*. &A: i- O tw2 -peax ec~uty prm a-

xwsuaful CamPainMr Ab- the Philiaes .Zoilo ricay. woswvI ciiiutd w'as 3mybe~ee -Canr- '.Mexicce -as

'embuyman in tCaliforrua = mau ral tk d_%an jnco mspr.., - . 1 rm ku-a mona - bev-

33,000.00; J ewish Home for the Aged: However, the docuent which Marco. aneiied the econoimu

2. Carter Campaign latwherFrd NA]i5a-a0, seooaltMaLsad drud my Wwko aw..of rch anid pw atio

=225-M i19IM; . ueof fth S. Joseph s5 Curch about was visinualy auhn hced MCmcun. Me~cO whee Marco.

3. Senator Cranston -1500.00An Son Fran=.. A fifth ueniber. Wheinariz eatnes tin the 1Wt Raanfor the hut time after

in 29W, Roam INIDU O aM. WasnofrPobI.4 atswnciExpntumwin

0 the latter's election as U.S.

ticl mid served as pecmiona)demued accurte. Aung th easidesit.

tisa . expenses mentioned in "te ~ ~ . u

ommentary'> In paper filed with the State doaum:which wn e vu.f scl li-uog.USA ol

__ pp W dFederal authotties. *0 othuer mNO&by die Mabuhay Corpora- mir tWa ueciIU.S.A.' couldi

soed -4 vebwies of the Mabuhay ton Wudor by Malabed hui.f ffft PO& auf hc

2% intin~g ti prbhis fcrorto er lod~~ lalabed orsariized in San Jse

:hemir anin the U.S. Thu. irs gcwilmedto am t i d."w IM. Ps iolade

*Jw' ,ud berolut i~polil m tha de smw anieI Rady, a former Any Y "W14-.12A Watith

:h ~~im. ~ ' thai ~bed~made -4is * 01-dw-WiMOlMY CorpatM-A di -cIVi aait

vs ~ ~ ~ ~ ~ C torial ain ~ wibitioo.. . who told newsmen that ' C bou) GeneralRoeA'efs

=t 0 or. and. Wha~t OWY At tpresitime. however.,econvec ovr 524.=.D MIM conrdoiuec :c irwVte Nrostn-a:

?Jto.r havet doneyears berac~t remetne S. )avmne. it ar for. hwndum trw taiiec rmo -= w '&=,-I wa5aPro'c i0:

zwt Vshould w t:-ncewsti ite-vvw witht bryan Mr.TI q=of bcavensg r..A r A iM SwjF

steadiast coetermiitation; i is XROI, -TV haru2 . enied pnArorrw strrvta faranc. Sic DOC6.OC anuc L0C.00

Omelate IAn rem I having contributed to tue aac sowd easnavu4 . estva,:, aarenl e t t/ fs tol

To)= atthe APPPA should be ==&Wof Crt athqo h =. frefurdof g"" Fe~Stiva W pparethy e erstotheir first important decision asri was shown in the Slang for &Mu due papers. The sid dit~i i~tt h Wla

urlthe year1986, adeisor" Vpom. documetindicated that about avlCommittee, headed by

that they will aseudy w a 'fle ie-uI am pse bis£51,O000was spent iby MabW s- ~ d'sprinter. Roy ?1etwu-

come to "*MI becamn it was in the contce that hay Corvoration kir imaj fers. se of Elk Grvn. The fesival a

"-'*Ir-

sot~

P- S.

b

ar a.L'UfiO2PYVCovec the it' cSacazeto aic aw. NMarch 29:trve rev~va: paid tribute tc v

A-coraitng tc true ooce=rsomt S"7C.00.0C a,. PiI,immrzee rurto, Was hfunrtecuwe M.iawCorporanoir. c

Mam.Muci. of trie inrutwert ?erorlec Ic have De e-,Cio! politica. campaignsI am,secury UMions."

A tota of S175.200.C0 wa-reported to have been vventoI(U.S. pobfioans. al of whenditried awaiwaes of CarttibtWM n made by Manwo or hi,Sovenent. The Carter ancReaw anapaign s :aqonMDldenied hav'ing eCeIVec50,O-.o ach from Malabedsathou. Awra repofted hawuu4wcuved 532000.00 of a maP#oed &W,000.00 eontibuttotSome S506,663.00rprseritec

uno gi oeda: se-uwtt'.-spr tby NMaburtay c

Ut.- .S. jawl. it is jWcortc.true source 0 of pocicontribofl5. it aalo0aa l wtoforreign corporatOw Sor gove.nmvents to contribute to any U.5Political campawi.

F

on~

ATTACHNEIS J

MABUHAY/MALABED BANK RECORDS RE PURCHASE OF KJAZ RADIO STATION

DR. LIO1ftO L UALAhLIso of. - 4. s*% -

v407)5

A. W II~iEmI

AIf

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S M .D1 , - a . A & ...

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ATTACHMENT K

MABUHAY/MALABED BANK RECORDS SHOWING PAYMENTS FOR

0 POLITICAL CAMPAIGN CONTRIBUTIONS, "SPECIAL MISSIONS"

AND "SPECIAL SECURITY PROJECTS"

A. CAMPAIGN CONTRIBUTIONS

o B. SPECIAL MISSIONS AND SECURITY

v

0 4

j0 - -P- .I

-O~gO~m4fW~m&tq E1~u'OOIS~IS,'

I RE .. 99

-

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i%-r -:* p.6SP- a.

-lw1 V 13 m0 0

I '.~-'a;n

BAN KDIRA)ECTOR~

Oft LUso L .AnNAN

- .m

ft ic letie.

ATTACHMENT K-A

/1

0 a . 6

er-N.1o'; 43:10.10 .

. W . --. - e

onmww e - mamm JUAWIt~m sow*

0 -- --

ooi

ct -04 -ooaoo'

ATTACHMENT K-A

*X 0

I BA**v AO

co~CT~

co,

1*4K

L- "Oft tow

N-fo .14 iaf iita :M ! TL0

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ATTACHMENT K-B

FEDER0AL ELECTION COMMISSION

SELECTED LIST Of RECEIPTS 9 EXPENDITURES (G) (79.8SSECTION 1 INDIVIDUAL CONTRIBUTI(

CONTRIBUTOR/LENDE41TRANSrERRE STREET ADDRESS CITYREPORTING ENTITY

MICROFILM LOCATION TRANSACTION TYPE

MALABEDo PATRICE S MRS 145 MT SPRINGS AVECARTER/MONDALE PRESIDENTIAL COMM4ITTEE INC

SOFEC/11/4?20 #330764 CONTRIBUTION

MALACHUC, DANIEL AR 5313 GLENWOOD ROADCARTER/MONDALE PRESIDENTIAL C01MMITTEE INC

SOFEC/100/4398 #191103 CONTRIBUTION

M4ALADo RICHARD 14'BIRCH BAYN FOR SENATOR COMMITTEE

bOsEN/017/0022 #522811 CONTRIBUTION

MAILAFA,. ROGER 4000 HUMPHREYoCITIZENS FOR LAROUCHE

SOFEC,105/lj?1 #175013 CONTRIBUTION

AFISO GEORGE 1721 70TH STENNEDY FOR PRE;IDENT COMMITTEE

SOFEC /105/2190 0195866 CONTRIBUTION

MALAKOFF M E P 0 BOX 1668oKAZEN F6R CONGRESS COMMITTEE

SONSE/1?6/1694 1337539 CONTRIBUTION

M4ALAMENTO WILLIAM' 410 GRANT AVEc~CARTER/MONDALE PRESIDENTIAL COMMITTEE INC

SQFEC/110/0209 8207520 CONTRIBUTION

MALAMENT, WILLIAMSBILL BRADLEY FOR U.S SENATE

91SEN/002/OO?7 #665813 CONTRIBUTION

M4ALAMUOO H/FRIENDS OF LIZ HOLTZMAN INCCOUNCIL FOR A LIVABLE WORLD

SOFEC/152/3643 1307471 EARMARKED INTERMEDIARY OUT

MALANf FRED 2960 VAN BUREN AVECENTURY CLUB, THE (AKA ONE HUNDRED CLUB)

?9FEC/126/5075 #011876 CONTRIBUTION

MALANAPHY V MR PO BOX 609COMMITTdf FOR SENATOR GRIFFIN

795 EM/003/20i1.039732 CONTRIBUTION

MALANAPHY, VINCENT P0 BOX 619LEN FOR CONGRESS79N5E/i69/33i6 0129654 CONTRIBUTION

SAN FRANCISCO

BETHESDA

WHITE HOUSE

INDIANAPOLIS

DILLON HARDAHON & COW4

RICHFIEi.D

UNEMPLOYED

BROOKLYN

SELF-EMPLOYED

LA RE DO

PHYSICIAN

ORADELL

LINCOLN TICKET AGENCY

UNION CITY

LINlCOLN TICKET AGENCY

OGDEN

Owosso

CHAIRMAN ANN HARBOR Ri

Owosso

ANN ARBOR RAILROAD

SFEDERAL ELECTION COMMISSION

SELECTED LIST OF RECEIPTS & EXPENDITURES (G)

SECTION I -INDIVIDUAL CONrA

CONIRIBUIOR/LENDER/ TRANSFERRER- REPORTING ENTITY Ire&

MiCRONeAiLPI TYPEI&MICROFILML LAI~w" mf--------'s-m-----m-------mm-go-do---M-mm-mw a mmm -af m~ftft m m m mm mm m 0 m ow m 4 mPmmTTSBtURGmm

STREET ADDRESS

MAKOVITZ BERNARD 480 CHAPEL COURT

PEOPLE IOR JOH4N H4EINZ COMMITTEE(95EN/006/i64B #132670 CONTRIBUTION

MAKOWSKI, FRANK T/BIRCN BAYK FOR SENATOR COMM9ITTEE

COUNCIL FOR A LIVABLE WORLD8OFEC/i52/3515 1283213 EARMARKED INTERMEDIARY

OUT

MAKRIANESt JAMES K ARNATIONAL REPUBLICAN SENATO5RIAL COMMITTEE - CONTRIBUTIONS

SOSENIOiS/40 96 #544145 CONTRIBUTION

MAKRIANESo JUDITH E 60 E END AV

ANDERSON FOR PRESIDENT COMMITTEE8OFEC/108/3945 #242612 CONTRIBUTION

MAKSIMo JOHN MRNATIONAL UNITY CAMPAIGN FOR JOHN ANDERSON

8OFEC/114/430 9 #467437 CONTRIBUTION

MALABED, L MRS 3085 24TH ST

CARTER/MONDALE PRESIDENTIAL COMMITTEE INC

BOFEC/100/43 98 #191100 CONTRIBUTION

MALABED, LEONILO DR 3085 2%'TH

CARTER/MONDALE PRESIDENTIAL COMKITTEE INC

79FEC/100/2362 #048548 CONTRIBUTION

MALABED LEONILO L 145 MOUNTIAN SPRING AVE

CRANST6N FOR SENATE COMMITTEE8OSEN/O05/2312 #318476 CONTRIBUTION

MALABED, LEONILO L DR 145 MOUNTAIN SPRING

CARTER/MONDALE PRESIDENTIAL COMMITTEE INC

79FEC/100/2?09 #100734 CONTRIBUTION

MALABEDt LEONILO L DRDNC SERVICES CORPORATION/DEMOCRATIC NATIONAL

COMMITTEE

SOFEC/17?/4224 0480526 CONTRIBUTION

MALABEDo LEONILO L MRS 145 MOUNTAIN SPRING AVE

CARTER/MONDALE PRE IDENTIAL COMMITTEE INC79FEC/100/2708 100731 CONTRIBUTION

MALABEDo PATRICE S MRS 145 MT SPRINGS AVE

CARTER/MONDALE PRESIDENTIAL COMMITTEE INC8OFEC/11O/4134 #302839 CONTRIBUTION

MARKOVITZ 9 VITT

NEW YORK

BUSINESS COUNSUL

NEW YORK

HOUSE WIFE

ETIWANDA

SAN FRANCISCO

HOMEMAKER

SAN FRANCISCO

INMAN TI BATAC A

SAN FRANCISCO

PHYSICIAN

SAN FRANCISCO

ANNAC TI BATAC A

SAN FRANCISCO

PHYSIC IAN

SAN FRANCISCO

HO0MEMAKER

SAN FRANCISCO

C

CITY

PITTSBURGH

FEDERAL ELECTION COMMISSIO

SELECTED LIST OF RECEIPTS S EXPENDITURSi (0i('

SECTION I -INDIVIDUAL CONTRIBU!

REPORTING ENTITY TRNSCIONTYE.........MICROFIL14 LOCTO TRNATO TYPE

07 2 SLMON BEACH TACOMA

AOU WF

OOART CJAY, LYNDA AIKENSBROWN FOR PRESIDENT ( 19PQ pcc)CIIBT

SOFEC/1'28S SIS600YCNRBTOInft EATON An~

JAY RICHARD A MRFIACCOMTEn~bto REPUBLICA. NN C CO rMITT

SOFEC/1541311i 697 I ARLINGTON

A , VI C N E MR618 SOUTH 19TH STREET I A A I N L F N N E C M I T

REPUBICANT NATONA COMMITTEE - CONTRIBUTIONS (AKA REPUBLIA NA EONAUFIAE CMIT

liirpm,1 #A 123164 CONTRIBUTION REQUESIL

JAY, EBB0121 IDLEWILD PLACE

JAY"NEBN FO CONGRESS CAMPAIGN COMM1ITTEE

BOHSE/1?4/309 #334810 CONTRIBUTION

1 AAAHPBD 9 SOURIS CT

KENNEDY FOR PRESIDENT COMMITTEE

B0FEC/10315003 0165002 CONTRIBUTION

jkVAPATHY0 B DR N OMTEKENNEDY FOR PRESIDENT COMMITTE

SOFEC/106/3994 #203543 CONTRIBTO

jAYAPATHY, B MD -

MCGOVERN CAMPAIGN COMMITTEE*eciJull011116 S230815 CONTRIBUTIO

i23 2ND AVE SE

oACE LARECE46 MILLWOOD AVE

OBYERSLAREC FOOGESS VOLUNTEER COMMITTEE

BONSE/i76/Z 579 #30876 CONTRIBUTION

JAYKOt MARSHA B OMTEKENNEDY FOR PRESIDENT 1COTRIBTE O

IAFCi1?/Z4 1 23453 ONTIBUIO

OIAYPIE DEMETR1O, MR 150 32NO AVE

CARTER/MONDALE PRESIDENTIAL COMMITTE~'kC

SOFEC/00l'4337 'N192i94 CONTRIBUTION

JAYME DEMETRlOs MR' 100 CALIFORNIA ST/STE 1060

KCARTfR/I4ONDALE PRES1DENT1DL COMMITTEE INC

79FEC/100/2690 #099460 CONTRIBUTION

JAYME, JUSTINA R MRS 15O 32ND AVE

CARTER/MONDALE PRE $IDEN IIAL COMMITTEE INC-

SOFECl100/4337 Ei92393 CONTRIBUTION

CONSULTIN ENGINEE

14INOT

PHYSIC IAN

MINOT

PHYSIC IAN

MI1NOT

'HY SI#' IAN

ROSEVILLE

M R BOLIN AGENCY

MT KISCO

TEACHER

SAN FRANCISCO

FILIPINO-AN CHAMBE

SAN FRANCISCO

SELF-EMPLOYED

SAN FRANCISCO

HOM4EMAKER

a-

0,

c 228 BARKER 51 Arl

CITYkrtbc e e

GOODYEAR T t R Co

o couRIS CT

**,~ ~2~;

w-1

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anvu n SR ul NOW

DWI ~ ~ ~ ~ ~ ~ ~ ~ iA Neil limice segs^SWl..le1.h"obO WI r

. .....-.

-----------

.. ~ * -- --- ~ - . --

- -rm nUT MAIS ASS1GNXI)AU) - _

-NEW0 PHILF1 L~.~ UNCLASSIF1

- -- g~~~jf%j~itN) A owcm rpliel.e"c eolersawai' c*__

- --am. teaeleI joy tic' jsccV JIaX ggliet its that ju.J--

erss,'~ solacsteaagi trrudrsotMaoi% 018

cog~ast s ele U.try to ekfmand ties between tir

_ - -- ~phltppiflt Embassy andl the US Dlepatli' fIb.-' '

CD Sense, and Muonitor auti-maIC05 Philiie 10 "~t 4

o wlsiding in tile US. -

0.(C/NOFORN) phulipii'C Army brig Gei Angel- -

0 Kllapi. defense ottartdesignale to tile US. altivv

ed cim stassnt, a I MuY. Ile will soot' suceed CAFT

Vfioebic Arzaa as Mjasla~s pr incip~al olliltary lepee'---

Sr. ~se'rttiwe in WVashicsiseici. 1,aeaapi. SO. served with BI E A

s11Ztle 1')asliprasaae Civic Action Groul if' Vutumaisi1 ill DEFENSE ATTA

0 1966. graduated from ie US Army Comnarid ard

General Stalf Colkrge in 1971. and was Suraerin-

teneca oftha I'ailp~i liltary AC31le"Y (!'MaA)

hlut' I 9.76 uuatil ICc.ruty. '%hiea a

Kaliaps leadefsliilt castle ullder sortet'Cc c

gesuil of a 1azisig incident in which tile cadlet sit"a Of

(301 ~ another Secral officer dited.SO

CID (CZ/,NCt)R.N) A new team of subordiniates will

&$wat kanapi in his dutiebt in Ile US. 1*heY iiclu'le F

CI)K Donaisagis Tucay. 39. as alistaia de-ruisr aiadtlZ

naval attaichla Cun1staivul.Ary L'TC X0u1,181% k4jaeil La.

3.as gloualld juices 31t~ch't. Lt Cul M6riaut

Rosales. 37. as air ;stachat; and LTC NArcisu

Abya 2.a asutfl roud forces attache. Miad- T M'Ab~y. 3. a assstat soullsine Nvcfner.andGROUND FORCES ATTA

dcla has been in tie US sic Aoeber.an MAD-

Rosales and I'ucay!2 mnonths Of les.CU- aisc

pected to arrs'.ve so*'%. ah ri a ret

by1*% tenami om a tt~ Abassdo desigate liker. More striking than their pro essional

and B heam i rs Lom ady 1 ie tA arcus. and co st, ai s art th eir is see President acid M rs. 16a

farmed by Armed Forces Chiei of Staff Gen Fabian Git Vt.. All leaveW' rvest is% the Presidential

Ver. The 3itahives a11pea 1o bt well-qualifid essorut Comluinaliel. a smieary ciga nizat con that is

are VMA graduates and thle fifth, Alsaya. is a West ble fur stme st-rurity tel the First Family and

Poim ic:. M add 11110 11)ghl irc 1u iatra 4:V11111t o f' cr ilm y ~ o , in a iidt Ly Gen V t. In th ;

SECRETATTACHMENT L

SECi

.j 4 . %. I d d e l . a n d IRo sa le s h a v e in sh e P 804

~ '~ paume4 rs. %Marces on lfor'S' visit. As kast

&W of Ike atas;ht 3Ka"fiS. Abaya. MaddlalI

fta sale' -are lc" mrt05l15e ss ''

I MarOB. Ia58li s aiw a miemIbr t4S 2 C&U' on'e *I two classe moS re

q 19by .rc sleIavd administer usarIal&4 14 e0 b y 1 9 7te s t Ig N I. L C A l a y a u6 slu W W in

'j Oe wof 161arc a #S eCfl'ag4 1 e l granlin'of1gsveivulel Senator. National 1*rfns e triaty. 'sod

Iechief of Staff Eutogio lialac. a key M~arcos

swiate since lte 1930b.

%OOFRN)This new group of military rpe

Weltives is the most go"pfljietmanila haselms-

patched to the US in years. Kanalti. for CN&tIDIC. is

t he first PhilippineC flag officer attache "t 'as

%vWashn~tan since Brig Get, Vincrnte Viagense de-

j parted in July 1966. wVill, thir rank and rxisrfi

rIICC. jKnal)Iati l b; Uks 1 nmnurs will U1141los1e'ull

CI hold nmaj'f oleIS ifile ISi 0 ~tyavi olier aslpects o

,RET

l'rslus arcowl' lfiial visit to the US in Seplem.ler, is ilstsssince11166. Of W5OMumitlce.

Almlamdef-flhsioi t umsadel Probably Wants

gig stew attaches toouabstshiiloa smnig rljtiehip

betwesithelil 1,i~e Fsalsassy in Wasls6%inio~ ed

the US 3epaftme" f '1lkee. 5arelationsip ~'therhbilipises has aillilweIiso languish in vecent 'yeals.

SMsh stnla,,ceeltins wml l uidsblely lie valumable

in, tUstla duringtier bilateral review of tlec 1947

Militsary l1ases AgrmtIS'imf beginning in sumnmer

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reegtiatSiflI is likely. Thme new seam is also expected

toa monthior lilippisir dissident activity in the US.

Given' the backgroun~ds of Lieutenant Colonels

Rosales anid Maddila - the later was a guard and

interrogator of &an ericall involved in a series of

bombeings in Manila in 1980 - the attaches will uan-

duetelotrilly reprort on. muod possibply operate against.

anet;-lilarctis Idllhsisoltif aetivim'5 in lte US. (Clas.

ified bpy multiple SOUrClreie on 9 Jul U2.)

TRACKED MU LTIP LE ROCK.ET LAU NCH!ERS

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CIUL AND"WILLIAMS & AILEYDEAN MOWRC. 911EN NiftYKAUM D. HAiLEYKRISTI HOUSERY%0NNE HUGI j.EAMATrHEW G, KNOWP1, KATHLEEN LEARNEDDOUGILAS D. McUXaiWhERT L McCLUSKEY

MUIX I. MANIONGKIRK I. M4ORTEN1SEN

May 7, 1987

LAWU

SCHLOETEP., GOLDMAP.X & BENDER, P~s.so 4MI. ULING

SEArLE, WASW?4G1VN 96104

(MU) 6U22MW

roo su .ImMLL7 k

T

Lawrence M. NobleActing General CounselFederal Election CommissionWashington, D.C. 20463

Dear Mr. Noble:

Enclosed you will please find the Federal Election Commis-sion complaint signed by me. This notarized affidavit andthe accompanying memorandum complies with the relevantprovisions of 2 u.S.C. S 437(g)(A)(1), as cited to me inyour letter of March 20, 1987.

I appreciate your providing us with the description of thepreliminary procedures for processing complaints filed withthe FEC. I will await further notification by the FEC ofits proceedings.

Sincerely yours,

MICHAEL E. WITHEY

MEW/mkw

Enclos ure

EI~V8 AT 7HE FEC

8 7 WOLL. ~

LU"WR W SCHVIOEMhSIDNET InLLERBANr SWANMLIL W WIULA)gMICHAEL WrrHEY

POHN GOLDMARK(m7-wm9Of caU~d

DAVID DMEISKIMLLONEIL

FEDERAL ELECTION COMMISSION COMPLAINT

COMPLAINANT:

RESPONDENT:

0

0

0

Michael E. Withey540 Central Bldg.Seattle, WA 98104Telephone: (206) 622-8500

Ferdinand E. Marcos2337 Makiici Hts.Honolulu, HI 96822

Dr. Leonilo Malabed145 Mountain Spring Ave.San Francisco, CA 94114

General Fabian VerFormer Chief of StaffArmed Forces of the PhilippinesAddress Unknown

I, MICHAEL E. WITHEY, hereby submit the following Com-

plaint in accordance with the guidelines of the Federal

Election Campaign Act:

1. Dr. Leonilo Malabed made campaign contributions to

the campaigns of various candidates through the Mabuhay

Corporation and its bank account on behalf of another,

foreign national Ferdinand Marcos. In doing so, both

Malabed and Marcos were in violation of 2 U.S.C. S 441(e),

the prohibition on contributions by foreign nationals, and

2 U. S. C. S 4 41 (f),. the prohibition on making contributions

Federal Election Commission Complaint - 1

in the name of another, and other provisions of the law.

2. The contributions were knowingly made by Malabed

on behalf of Marcos is documented most clearly in Attachment

A to Exhibit I# OMemorandum, the OMabuhay Corporation

Statement of Expenses" (Mabuhay Statement), a document

seized from Marcos by U.S. Customs shortly after his entry

into the United States in 1985. The Mabuhay Statement

itemizes the expenditure of over $750,000 from the Philip-

pine National Bank by the Mabuhay Corporation, including the

following political contributions:

Dianne Feinstein $ 2,500oQuentin Kopp $ 500oLarry Asera $50,000

Alan Cranston $10,000Leo McCarthy $10,000Carter-Mondale Committee $ 1,500

NJimmy Carter $50,000Ronald Reagan $50,000

3. The handwritten acknowledgement on the Mabuhay

Statement of receipt of funds from the Philippine National

Bank under the authority of General Fabian Ver has been

admitted by Malabed to be his. He claimed he authorized the

document while in Malacanang Palace in the Philippines. He

had formerly claimed "everything is false" about the docu-

ment, since it was not signed. (See Attachment I.) Malabed

is the incorporator of the Mabuhay Corporation. (See

Attachment D.) He is also its president, one of the direc-

tors, and the sole signatory of the corporation's bank

account at the Philippine Bank of California. (See Attach-

Federal Election Commission Complaint - 2

ment R,) Attachment H provides documentary evidence that

Malabed received $190,000 from the Philippine National Bank

prior to the campaign contributions listed.

4. That some of the contributions vere actually made

to the various political campaigns is documented by copies

of the original checks and by the Federal Election Commis-

sion's own records (Attachment K). His attorney has stated

publicly, on Dr. Malabed's behalf, that Dr. Malabed had

received over $500,000 cash from a secret Philippine govern-

ment courier.

5. Judge William Orrick (U.S. District Court, Nor-

o3 thern District of California) has ruled in open court that

the Mabuhay Statement is authentic. His conclusion was

PN based in part on the Declaration of Bonifacio Gillego (see

Attachment C), who states, based on his training and service

in the Philippine Intelligence Agency, that the document is

0 what it purports to be, and that the Mabuhay Corporation was

used as a cover to avoid detection of the true source of

funds, i.e., the government of the Philippines under Marcos

and General Ver.

6. The Federal Election Commission considered this

matter in MUR No. 2156, where Deputy General Counsel Law-

rence M. Noble recommended, solely on the basis of the

Mabuhay Statement, a finding of reason to believe violations

by Ferdinand Marcos of SS 441 (e) and (f) , and by Leonilo

Malabed of 5 441(e). (See Attachment B.) The above-stated

Federal Election Commission Complaint - 3

corroborative evidence was not made available when the

prior complaint was filed, and the Federal Election Commis-

sion did not at that time adopt the recommendations. Dr.

Malabed may have made representations to the Commission

which were false.

In conclusion, this complaint provides the necessary

documentation to confirm the violations of SS 441(e) and

(f), and other provisions of law, by respondents Ferdinand

Marcos, General Fabian Ver and Leonilo tMalabed.

DATED at Seattle, Washington, on ,b.,4 1987.

0U

MICHAEL E. WITHEYI

SIGNED before me this day of LJ~F1987.

oUAV PUBLIC in and for

the ate of 1i ornia,C residing at

My Cojnpisyio~ Expires:

Federal Election Commission Complaint - 4

CKNL ANDERSONWILLIAM S. BAILEYDEAN SENDERC. STEVEN FURYIAMES D. HAILEYKRISTIN HOUSERY'INNE HUGGINS-McLEANMATTHEW G. KJNOuP1. KATHL E LEARNEDDOUGLAS D. Mc@I1OMK)SERT E. McCLUSKEYJUW L. MASSONGKIRK I. MORTENSEN

SCHROETE-i, GOLDZ4ARJ& SENDER, Ps.

'II4IM& CJMUIAS1AtYL WASH1NOFTM 98104

:.O 1112GUM fOUR

F 4WmuESn i~

May 28, 1987

Lawrence M. NobleActing General CouncilFederal Election CommissionWashington, D.C. 20463

Dear Mr. Noble:

~~AAJ~U AS29VIRGINIA M, WSINMoWILUAM RWrZcKXLIOAII)4 W SC14m)ETERSIDNEY IflLLERMAN SWANPAUL W. WHELANMKCHAEL WI"EY

JOHN GOLOMARK(M97. 1979

]DAVID DANELSK1PAUL O'NEIL

MONO C

Re: Federal Election Commission Complaint

As per your letter of May 18, 1987, requesting my notarizedsignature affirming the truth of the complaint filed bymyself against Ferdinand E. Marcos, Dr. Leonilo Malabed, andGeneral Fabian Ver, I hereby state as follows:

MICHAEL E. WITHEY, being first duly sworn upon oath,deposes and says:

I am the complainant and swear that the contents of theFederal Election Commission Complaint previously filed istrue and accurate to the best of my knowledge.

MICHAEL E. WITHEY/

SU CRI BED AND SWORN To before me this______ 1987.

i, day of

NOTARY PUBLIC in and forthe State of Washington,residing at&e& t,. Mycommission ei-pl-rs

Lawrence N. NobleKay 28, 1987Page Two

According to Docket chief Rqtha. Dixson, whom I spoke with

yesterday, this letter will su Itfice to establish the neces-sary notarization of the FBC complaint previously filed.

Sincerely yours,

MICHAEL E. WITHZY

Complainant

MEW/mkth

00

0

FEDERAL ELECTION COMMISSIONWASHINGTON, D.C. 20463

Mardi 20v 1987

Michael E. Withey, EsquireSchroeter, Goidmark, & Bender540 Central Buildingrhird and ColumbiaSeattle, WA 98104

Dear Mr. Withey:

We have received your letter of March 9. 1987. regarding thepossibility of a violation of the Federal Election Campaign Actof 1971, as amended ("the Act").

01. rhe 1976 amendments to the Act and Federal Election Commis-V. sion regulations require that a complaint meet certain specific

requirements. Your letter does not meet these requirements.o Consequently, the Commission can take no action at this time to

C) investigate this matter.

However, if you desire the Commission to look into the mat-ter discussed in your letter to determine if the Act has beenviolated, a formal complaint as described in 2Z U.S.C.S 4379(a) (1)must be filed. Requirements of this section of the law and Coin-

o mission reguilations at 11 C.F.R. S 111.4 which are a prerequisiteto Commission action are detailed below:

0(1) A complaint must be in writing. (2U.S. C.

S 4379 (a) (1))

2) Its contents must be sworn to and signed in thepresence of a notary public and shall be notariZed.

2U.S.C S 437q (a) (1))

A +ormal complaint must contain the fUll nam-e andaddress of the per'son maIk.inq the complaint. (11 C.F.R.S 111.4).

(4) A formal complaint should clearly identify as arespondent each person or entity who is alleged to havecommitted a violation. (11 C.F.R. S 111.4).

(5) A formal complaint should identify the source ofinformation upon which the complaint is based.(11 C.F.R. S5111.4).

-'A formal complaint should contain a clear and conciserecitation of the facts describing the violation of a

statute of law over whichjurisdiction. (11 C.F.R.

the Commission hasS 111.4).

(7) A formal complaint should be accompanied by supportingdocumentation if known and available to the personmaking the complaint. (11 C.F.R. S 111.4).

Finally, please include your telephone number, as well as thefull names and addresses of all respondents.

Enclosed is a copy of Commission regulations, and your at-tention is directed to 11 C.F.R. S 111.4 through S5111 thatdeal with preliminary enforcement procedures. Also, enclosed isa compilation of Federal Election Campaign laws on which theseregulations are promulgated. I trust these materials will behelpfUl to you should you wish to file a legally sufficient com-plaint with the Commission. The file regarding this correspon-dence will remain confidential for a 15 day time period during

o: which you may file an amended complaint as specified above.

If we can be ofhesitate to contact me at

any further assistance. please do not(20_-2) -.!76-5690.

0 En cI OSUteSE;_erp ts

Cr -espondent

FEDERAL ELECTION COMMISSIONWASHINGTON. D.C. 20463

March 20v 1987

Dr. Leonilo Malabed145 Mountain Spring AvenueSan Francisco, CA 94114

Dear Mr. Malabed:

On March 9, 1987. the Federal Election Commission received aletter alleging that you violated sections of the Federal Elec-tion Campaign Act of 1971, as amended. As indicated from thecopy of the enclosed letter addressed to the complainant. thosealleqations do not meet certain specified requirements for theproper, filing of a complaint. Thus. no action will be taken onthis matter unless the alleqations are refiled meetinq the

o requirements for, a properly filed complaint. If the matter isrefiled. you will be notified at that time.

for,andW1Ill

This matter will remain confidential for 15 days to allowthe correction of the defects. If the defects are not curedthe allegations are not refiled, no additional notificationbe provided and the file will be closed.

If YOUt have any questions,C Ch ief+, a t ( '2)t:) 2,) Z.,76 -711 ().

please call Retha Di,-.,on. Docket

'mi n 1 *.-V

ActinlR General Counsel

En c '1 0SL res

Copy of let-,er to the Complainant

. . V

FEDERAL ELECTION COMMISSION* . WASHINGTON, D.C. 20463

April 10, 1987

The Honorable Ronald V. DellumsHouse of Representatives201 13th Street, Suite 105Oakland, CA 94617

Dear Representative Dellums:

This is to acknowledge receipt of your letter datedMarch 17, 1987, which we received on March 23, 1987, with respectto information submitted to the Commission regarding possibleviolations of the Federal Election Campaign Act of 1971, asamended ("the Act"), by Dr. Leonilo Malabed.

The 1976 amendments to the Act and Federal Electiono Commission regulations require that a complaint meet certain

Gomm specific requirements. The complaint submitted on March 9, 1987,by Michael E. Withey of Schroeter, Goldmark & Bender, did not

O meet these requirements. Specifically, the complaint was notsworn to and signed in the presence of a notary public; was notnotarized; and did not fully identify any respondents by name andprovide their addresses.

o In keeping with the Commission's policies, Mr. Withey wasinformed by letter dated March 20, 1987, of these deficiencies inhis complaint. He was further informed that the file regardinghis correspondence would remain confidential for a 15-day timeperiod during which he could file an amended complaint. Thistime period has now elapsed. If Mr. Withey, or any otherperson, should file a legally sufficient complaint, it will be

Or duly processed and will receive our prompt consideration.

If we can be of any further assistance, please do nothesitate to contact me at (202) 376-8200.

Sincerely,

Lawrence M. Noble

Acting General Counsel

By: ;George .Rishel

Acting Associate General Counsel

(ROIL ANDERSONWILLIAM S. DAILEYDEAN BENDERC. STEVEN FURYJAMES D. HAILEYKRISTIN HOUSERYVONNE HUGGINS-McLEANMArrHEW G. KNOPP1. KATHLEEN LEARNEDDOUGLAS D. McBROOMROBERT E. MCCLUSKEYJUDY 1. MASSONGKIRK 1. MORTENSEN

LAW OFFICES

SCHROETER, GOLDMARK & BENDER, Ps.540 CENTR7AL BUILDING

ThIRD & COWMBIA

SEATrLE, WASHINGT(I4 98104Tdehwc:

(206) 622-850

FROM BREMEKWN ffOLL FREE)479-1271

ACEI&T A7 THE FEC

87 NA, A MjAM1*WILAM USLIMCLBONARD W SCHROETER,SIDNEY UMLLERMAN SWANPAUL W WHELANMKIIAEL WffHEY

JOIN OOLDMARK(I17-1979

OrcaunadDAVID IANELSKIPAUL O'NEIL

May 7, 1987

Lawrence M. NobleActing General CounselFederal Election CommissionWashington, D.C. 20463

Dear Mr. Noble:

Enclosed you will please find the Federal Election Commis-sion complaint signed by me. This notarized affidavit andthe accompanying memorandum complies with the relevantprovisions of 2 U.s.c. S 437(g)(A)(1), as cited to me inyour letter of March 20, 1987.

I appreciate your providing us with the description of thepreliminary procedures for processing complaints filed withthe FEC. I will await further notification by the FEC ofits proceedings.

Sincerely yours,

-.4

MICHAEL E. WITHEY

MEW/mkwEnclosure

7>

Z5l

FEDERAL ELECTION COMMISSION COMPLAINT

COM4PLAINANT:

RESPONDENT:

7

0

lo

Michael E. Withey540 Central Sldg.Seattle, WA 98104Telephone: (206) 622-8500

Ferdinand E. Marcos2337 Makiki Hts.Honolulu, HI 96822

Dr. Leonilo Malabed145 Mountain Spring Ave.San Francisco, CA 94114

General Fabian VerFormer Chief of StaffArmed Forces of the PhilippinesAddress Unknown

I, MICHAEL E. WITHEY, hereby submit the following Com-

plaint in accordance with the guidelines of the Federal

Election Campaign Act:

1. Dr. Leonilo Malabed made campaign contributions to

the campaigns of various candidates through the Mabuhay

Corporation and its bank account on behalf of another,

foreign national Ferdinand Marcos. In doing so, both

Malabed and Marcos were in violation of 2 U.S.C. S 441(e),

the prohibition on contributions by foreign nationals, and

2 U. S. C. S 4 41( f),. the prohibition on making contributions

Federal Election Commission Complaint - 1

in the name of another, and other provisions of the law.

2. The contributions were knowingly made by Malabed

on behalf of Marcos is documented most clearly in Attachment

A to Exhibit 1, temorandum, the *Mabuhay Corporation

Statement of ExpensesO (Mabuhay Statement), a document

seized from Marcos by U.S. Customs shortly after his entry

into the United States in 1985. The Mabuhay Statement

itemizes the expenditure of over $750,000 from the Philip-

pine National Bank by the lMabuhay Corporation, including theif fl

following political contributions:0.

Dianne Feinstein $ 2,500GRWQuentin Kopp $ 500

Larry Asera $50,000Alan Cranston $10,000Leo McCarthy $10,000Carter-Mondale Committee $ 1,500Jimmy Carter $50,000Ronald Reagan $50,000

3. The handwritten acknowledgement on the Mabuhay

CT Statement of receipt of funds from the Philippine National

0' Bank under the authority of General Fabian Ver has been

M admitted by Malabed to be his. He claimed he authorized the

document while in Malacanang Palace in the Philippines. He

had formerly claimed "everything is false" about the docu-

ment, since it was not signed. (See Attachment I.) Malabed

is the incorporator of the Mabuhay Corporation. (See

Attachment D.) He is also its president, one of the direc-

tors, and the sole signatory of the corporation's bank

account at the Philippine Bank of California. (See Attach-

Federal Election Commission Complaint - 2

ment B.) Attachment H provides documentary evidence that

Malabed received $190,000 from the Philippine National Bank

prior to the campaign contributions listed.

4. That some of the contributions were actually made

to the various political campaigns is documented by copies

of the original checks and by the Federal Election Commis-

sion's own records (Attachment K). His attorney has stated

publicly, on Dr. Malabed's behalf, that Dr. Malabed had

received over $500,000 cash from a secret Philippine govern-

ment courier.

5. judge William Orrick (U.S. District Court, Nor-

thern District of California) has ruled in open court that

the Mabuhay Statement is authentic. His conclusion was

based in part on the Declaration of Bonifacia Gillego (see

O Attachment C), who states, based on his training and service

in the Philippine Intelligence Agency, that the document is

what it purports to be, and that the Mabuhay Corporation was

used as a cover to avoid detection of the true source ofcc

funds, i.e., the government of the Philippines under Marcos

and General Ver.

6. The Federal Election Commission considered this

matter in MUR No. 2156, where Deputy General Counsel Law-

rence M. Noble recommended, solely on the basis of the

Mabuhay Statement, a finding of reason to believe violations

by Ferdinand Marcos of SS 441(e) and (f), and by Leonilo

Malabed of S 441(e). (See Attachment B.) The above-stated

Federal Election Commission Complaint - 3

corroborative evidence was not made available when the

prior complaint was filed, and the Federal Election Commis-

sion did not at that time adopt the recommendations. Dr.

Malabed may have made representations to the Commission

which were false.

In conclusion, this complaint provides the necessary

documentation to confirm the violations of 55 441(e) and

(f), and other provisions of law, by respondents Ferdinand

Marcos, General Fabian Ver and Leonilo Malabed.

DATED at Seattle, Washington, on 1987.

o M ICHAEL E. WIHY

SIGNED before me this a~day of Mf1987.

IV NUTAV PUBLIC in anU-orthe date of 11 ornia,

CD residing at~kMy Co m jO51q Expires:

Federal Election Commission Complaint - 4

I NTRODUCT ION

This memorandum summarizes evidence of a secret intel-

ligence slush fund created in the United States by Ferdinand

Marcos and his chief of staff General Fabian Ver. Marcos'

childhood friend and long-time crony, Dr. Leonilo Malabed ofcc

C) San Francisco, controlled the fund and used it to extend

- Marcos's political influence and propaganda presence. It wa6

also used to conduct covert intelligence operations against

the anti-Marcos opposition movement in the United States in

the late 1970s and early 1980s. Documents which have been

0) authenticated in federal court point to strong circumstan-

tial evidence that this slush fund was used to pay for the

June 1981 Seattle murders of anti-Marcos union officials

CC Gene Viernes and Silme Domingo. The use of foreign funds to

promote the Marcos regime, purchase propaganda vehicles,

contribute to local, state and federal candidates, and

violate the civil and constitutional rights of American

citizens is against the law. A full, impartial and vigorous

investigation of this evidence is called for. Such criminal

charges, as are warranted by the evidence obtained, should

be brought. Marcos' continued activities, now carried out

in this country, establish that the evidence summarized here

is not of mere historical interest. Direct and decisive

action is needed.

BACKGROUND

The new government in the Philippines under President

Corazon Aquino has undertaken extraordinary efforts to

retrieve the vast wealth illegally accumulated and invested

abroad by deposed president Marcos and his wife Imelda.

Considerable attention has focussed on secret Swiss and

American bank accounts, shadowy middlemen and surrogate real

o estate purchasers. A federal grand jury in Alexandria,

- Virginia, has subpoenaed Marcos and his former chief of

staff and intelligence head, General Fabian Ver. Ver has

also been linked to the Iranscam/Contragate investigation as

having signed for the receipt of an arms shipment whose real

destination was Iran.

o Shortly after Marcos fled to Hawaii, the U.S. Customs

co Service seized a number of important documents from Marcos,

cc which detail past expenditures and financial transactions in

the United States. Of particular political interest was an

explosive document, the "Mabuhay Corporation Statement of

Expenses." (Attachment A). This document itemizes the

expenditure of over $750,000 from the Philippines National

Bank, under the authority of General Ver. It was spent on

the attempted purchase of a Bay Area radio station, politi-

cal campaign contributions to candidates in California and

national elections, identified "special missions," and the

most sinister -- "special security projects."

The release of this document created a public stir but

has since been largely forgotten. The Federal Election

Commission started an investigation, and based on the docu-

ment alone, even without the corroborative evidence provided

herewith, its General Counsel recommended that the Commis-

sion find reason to believe that Marcos and Dr. Leonilo

Malabed violated federal election laws. (See Attachment B.)

The president of the now-defunct Mabuhay Corporation

was Dr. Leonilo Malabed, a San Francisco physician. Dr.

Malabed, while publicly denying any wrongdoing, has repeat-

edly asserted the Fifth Amendment privilege against self-

incrimination, both in hearings of the California State0:

Legislative Committee on Real Estate Practices and in

private depositions.

Malabed was questioned under oath, and his financial

records were subpoenaed in the federal civil rights lawsuit,

Estates of Domingo and Viernes v. Republic of the Philip-

pie, No. C-82-1055V (Western District of Washington).

His deposition was taken May 15 and October 24, 1986.

This case alleges that two anti-Marcos leaders of the

Seattle-based Local 37 -- ILWLJ (Cannery Workers) were

murdered on June 1, 1981, upon the orders of Marcos and Ver.

* Viernes had traveled to the Philippines in March and April

of 1981 and had met with top leadership in the anti-Marcos

trade union movement, as veil as with student and peasant

groups. He was surveilled by Marcos agents. Viernes joined

forces with Domingo as a delegate to the 1981 convention of

the ILWU, and they engineered the passage of a hotly con-

tested resolution critical of the Marcos regime's treatment

of Filipino workers and authorizing an investigative team to

look into conditions there. Opposition to the resolution

__ was organized by the local Philippine Consul General. A

month later, the two men were gunned down in their union

- hall.

Three hitmen have been convicted in local courts; also

implicated, but never charged, is Tony Baruso, former Local

37 president and a close ally of Marcos. According to sworn

testimony in the hitmen trial, Baruso' s .45 Mac-lO

0 "execution piece" was the murder weapon; he promised to pay

or' $5,000 for the murders; and he met with hitman/gangleader

Tony Dictado two days before the murders.

Armed with subpoena power, attorneys for the slain

men's estates have investigated the use of Dr. Malabed's

Mabuhay Corporation to pay Baruso for the Seattle murders.

They have uncovered documentation that confirms the authen-

ticity of the Mabuhay statement of expenses and implicates

Malabed in a variety of illegal activities. Not the least

of these activities is the expenditure of $15,000 on May

17, 1981, just two weeks before the Domingo/Viernes murders.

The rest of this memorandum summarizes this evidence

and the federal criminal statutes believed to be violated.

I. THE EVIDENCE AGAINST DR. M4AIABED

The Mabuhay Corporation Statement of Expenses speaks

for itself. Corroborative evidence, summarized here, proves

that it is exactly what it appears to be. Federal court

Judge William Orrick (Northern District of California)

stated in open court that the document is authentic for the

- purposes of his ruling on Dr. Malabed's assertion of the

- Fifth Amendment. Judge Orrick relied in part upon the

declaration of Bonifacio Gillego, then a leading officer

with the Philippine Presidential Commission on Good Govern-

N ment. The Gillego declaration explains various notations on

0!

the document and, based on his CIA training and service in

the Philippine intelligence agencies, concludes that the

Mabuhay Corporation was used as a "cover" and a conduit for

cc, Marcos' intelligence operations in the U.S. (See Attachment

C.)

The Mabuhay Corporation was incorporated in California

in 1978 by Dr. Malabed as its president. other officers

included Demetrio Jayme, Zoilo Inacay, Al Bitanga, and Romeo

Esperanza, all Bay Area residents and friends of Dr. Mala-

bed. (See Attachment D.) The Corporation maintained

a numerous bank accounts, including at the Philippine Bank of

California, now the Century Bank, 455 Montgomery Street, San

Francisco. Dr. Malabed was the sole signatory. The first

account was opened July 7, 1977. (See Attachment B). Other

bank accounts undoubtedly exist, but Dr. Malabed has

asserted the Fifth Amendment as to their locations.

The Philippine Bank of California was itself incorpor-

ated on March 7, 1977, by five Philippine government agen-

cies. Its board of directors included former Philippine

defense minister Juan Ponce Enrile, Dr. Malabed, and other

- Mabuhay incorporators. Placido Mapa, president of the

Philippine National Bank, was also on the board. (See

j Attachment F).1

A. The Source Of The Funds

The note at the bottom of the Statement of Expenses is

without question Dr. Malabed's handwriting.2 The note

C 1 Another document seized from Marcos bears Mapa's signa-

Cr ture and is a memorandum to Marcos indicating over $9million in U.S. currency will be placed in the "Philip-

crpine intelligence fund" out of "PNB profits." (SeeAttachment G.)

2 Dr. Malabed's initial press interviews quote him assaying "Who signed it? If it is not signed, let ustreat it as a useless document. Everything is false."Subsequent press efforts to substantiate the documentand the Dmnodisclosures forced Malabed to eventuallyadmit signing it, albeit claiming, through his attorney,Patrick Hallanan, that he had been *duped" into signingit by Marcos. (See Attachment I.) Dr. Malabed's alibi,that he signed a "bogus" report of illegal campaigncontributions and intelligence "security projects" as acover for the less sinister propaganda purchases defiescommon sense. It is further belied by the proof ofactual expenditures from the Mabuhay bank accounts

acknowledges receipt of $1 million from the Philippine

National Bank for intelligence purposes minus $762,478.52

withdrawn by the Armed Forces by authority of Chief of Staff

(General Ver), leaving a balance of about $230,000.

Philippine National Bank records subpoenaed in the

Domingo/Viernes case provide the hardest evidence to date

that Malabed received funds from the Philippines. Attach-

ment H is th notarized declaration of Paciano F. Dizon,

which documents Malabed's receipt of $150,000 from PNB-San

- Francisco Agency on January 31, 1979, and $40,000 on

- February 12, 1979. These receipts came shortly before major

Mabuhay expenditures in February 1979. Other PNB records are

being subpoenaed and will be analyzed.

In addition, a June 1986 interview with KRON-TV re-

porter Brian McTigue quotes Dr. Malabed's attorney Patrick

o Hallinan as claiming Malabed acknowledged receiving over

W. $500,000 in unreported cash stuffed in diplomatic pouches

cc from Philippine couriers attached to the ministry of media

affairs. Hallinan claimed the money was used solely for

"prpagndapurposes."

B. Specific Expenditures

The Mabuhay statement lists several categories of

expenditures. Bank records have verified, at least in part,

* described below.

expenditures for each category:

1. Expenditures out of Mabuhay Corporationaccounts for the purchase of KJAZ radio station in1978 (the first seven items on the statement) havebeen admitted by Dr. Malabed and are easilyprovable through subpoenaed bank records and otherdocuments. (See Attachment J.) Malabed's attor-ney told the KRON-TV reporter in June 1986 thatMalabed discussed the purchase of KJAZ directlywith Marcos, and that it was to be used for upro-Philippine broadcasts." Dr. Malabed also owns thepro-Marcos Fililpine-American newspaper, formerlyBataan News, and has testif-ied that representa-tives of th Ie Philippine government's Ministry of

V) Media Affairs worked on his newspaper staff.(Deposition, October 24, 1986.)

-2. Expenditures for zolitical contributionscleared through "PSC-CG" (Presidential SecurityCommand -- Commanding General Ver) -- have beenverified in part. Some of the $175,200 itemizedcan be verified through subpoenaed bank recordsand FEC documents. (See Attachment K.)

o Dr. Malabed has in fact admitted making manyof these contributions, but claims they were outof his own funds. This is contradicted by the

o Mabuhay documents themselves and other evidencethat he received PNB funds.

of.,3. Payments for special missions in 1980 and1981 have also been verified, at least to theextent that Dr. Malabed and others traveled to thelocations listed in Honolulu and New York for theDemocratic National Convention. Bank recordsverified at least some of these expenditures.(See Attachment K.) Both Honolulu trips coin-cided with visits of Marcos to the U.S. Discoveryin the Doino case has produced a Honoluluconsulate's list of pro-Marcos loyalists to becontacted to perform airport security for Marcos.This list includes Dr. Malabed's name.

4. "Advances to CG" (again, Commanding GeneralVer) for "special security projects" is by far themost sinister item appearing on the document andalone justifies substantial investigative effort.The Gillego declaration concludes that theseexpenditures were *undertaken on behalf of Marcosand Ver and were used, in part, to counter theinfluence of anti-Marcos opposition in the UnitedStates, and to monitor and operate3 against themand for other propaganda and political purposes."(See Attachment C.) Whether these substantialpayments were used as a payroll for Marcos intel-ligence agents and/or used for particular projectsjustifies further federal investigation.

At least one expenditure listed on 2/7/79 for$9,900 was paid in cash to Dr. Malabed out of the

0Philippine Bank of California account. (SeeAttachment K.)

5. May 17, 1981. Of all of the items on thedocument, it is the May 17, 1981, expenditure of$15,000 for a special security project which hasthe most significance for the Domingo case.

03 Both the Senate Foreign Relations Committee in 1979 andthe Defense Intelligence Agency in 1982 (see AttachmentL) have documented U.S. government knowledge of the

o efforts by Marcos agents in the U.S. to "monitor andoperate against" the anti-Marcos Philippine dissidentsexercising their First Amendment right and freedom ofassociation in this country. Furthermore, FerdinandMarcos, in his July 1986 deposition in the Domingo case,admitted that four Philippine government agencies --

National Intelligence Security Authority (NISA) F theIntelligence Section of the Armed Forces of the Philip-pines, the Presidential Security Command (PSC) , and theNational Bureau of Investigation (NBI) collectedinformation on anti-Marcos organizations in the UnitedStates. Marcos testified these agents collected suchinformation through the use of military attaches inPhilippine consulates and the embassy. He admittedknowledge as to some of the organizations and indivi-duals that were targets of the intelligence operation,including the (KDP) Union of Democratic Filipinos, towhich both Domingo and Viernes belonged.

The day after returning to Seattle from theILWU convention in Hawaii, Tony Baruso purchased aplane ticket to San Francisco for May 16 and areturn on May 17. Subpoenaed travel recordsreveal Baruso did indeed fly to San Franciscowhere he stayed at the Sutter Hotel. (See Attach-ment M.) This hotel is within blocks of thePhilippine Consulate at 450 Sutter Street. Withindays of his return, the Domingo/Viernes murdercontract was put out, and hitmen Raiuil, Guloy, andDominguez were provided with Baruso's gun. Themurders were carried out on June 1, 1981.

Baruso, in his January 1983 deposition in theDomn~ocase, answered, 01 can't remember" to all

questions regarding this Bay Area trip, includinghis purchase of the tickets, where he stayed, whohe met with, etc. He further took the FifthAmendment as to all questions about the murders.

- Sworn testimony at the trial of Ramil, Guloyand Dictado4 established that the hitmen were tobe paid $5,000. Baruso's own bank records showcash deposits between June and November 1981 of

-ust under $10,000 in amounts of between $200 andN$1,000. Baruso also made a 24-hour trip to Los

Angeles in August 1981 just prior to the start ofo the hitmen trial. In the same month, another

$15,000 was expended from the Mabuhay Corporationfor a "special security project."

Both Dr. Malabed and Baruso are well-known01% political figures within pro-Marcos circles in the

U.S. Baruso was the master of ceremonies atcc Philippine Consular events in Seattle. Although

Dr. Malabed has admitted to talking to Baruso onlyafter the murders, "to get his side of the story,"there is substantial reason to believe that thesetwo strong Marcos supporters had close ties.Further, although Malabed denies giving $15,000 toBaruso on May 17, 1981, he asserted the FifthAmendment when asked whether he paid anyone$15,000 on that date.

4 -The other hitman, Dominguez, was found murdered inSeattle two days after Baruso' s deposition in theDomig case. One suspect, Esteban Ablang, fled shortly

S thereafter to the Philippines.

C. Conclusion

Solid documentary evidence exists that Dr. Malabed

controlled a secret intelligence fund operated by him and

General Ver, which used Philippine government funds to seek

purchase of a propaganda voice, contribute to local, state

and federal elections, and fund a Marcos intelligence

apparatus in the U.S. Highly probative and admissible,

even though circumstantial, evidence exists that this fund

co was also used to pay for the Domingo/Viernes murders.

Evidence of this kind cries out for a full and fair

investigation. The numerous leads which have a high prob-4 ability of yielding positive should all be investigated.

Other Malabed bank accounts should be subpoenaed. Witnesses

close to Dr. Malabed, Mabuhay Corporation incorporators, and

former San Francisco Consulate employees should be ques-

tioned. U.S. Customs and Immigration files should be

examined to identify the Philippine diplomatic couriers,

including officials with Marcos's Ministry of Media Affairs,

who may have delivered the unreported cash to Malabed. A

prime suspect for this courier is Lito Gorospe, formerly in

Marcos' Media Affairs who made numerous trips to the Bay

Area, and who, at least on one occasion, was provided with

$10,000 cash by The Philippines National Bank. (See Attach-

ment H, pp. 4-5.)Dr. Malabed's ties to Baruso also bear

* further investigation.

II. CRIMINAL LAWS INVOLVED

The evidence summarized above against Dr. tMalabed

suggests that numerous federal criminal laws are implicated

justifying a full federal investigation and the reopening of

the federal election commission hearings. This section

summarizes those laws.

A. Violations Of The Law Of Foreign Relations:

One who acts as an agent of a foreign government

without notifying the attorney general is in violation of 18

U.S.C. S 951, et seq. The Department of Justice has publicly

Mow stated that Dr. Malabed has not so registered.

One who disseminates "political propaganda" on behalf

of a foreign government, party or principal, violates 22

U.S.C. S 611, et seq. Strict registration requirements

exist.

0 B. Violations of Federal Election Laws

CO The prohibition on political contributions by foreign

cc nationals is found within 2 U.S.C. S 441(e). A "foreign

principal" is defined in S 611(b) to include a government or

foreign political party as well as persons outside the

United States who are not citizens or domiciled within the

U.S. Clearly this definition applies to Marcos, as the FEC

so found.

The prohibition on making contributions in the name of

* another person is contained in 2 U.S.C. S 441(f). The FEC

report states: "If the information contained in that docu.

ment (the Kabuhay Corporation Statement of Expenses) is

correct, contributions were made by Marcos through the

Mabuhay Corporation, with Leonilo Malabed serving as

conduit, as agent of the Nabuhay Corporation, then such

activities would violate 2 U.S.C. 5 441(e)." (See Attach-

ment B.)

C. Violations Of Civilf Constitutional and Interna-tional Human rghts.

18 U.S.C. S 241 makes it a federal offense to conspire

to "injure, oppress, threaten, or intimidate any citizen in

the free exercise or enjoyment of any right or privilege

secured to him by the Constitution or laws of the United

States . . . ' The use of a Marcos intelligence slush fund

for "special security projects" directed against the anti-

Marcos opposition clearly implicates the civil rights acts.

The U.N. Charter prohibits foreign states from inter-

fering in the internal affairs of another country, and

international law prohibits states from engaging in police

actions, summary executions, and terrorist acts abroad.

D. Other Federal Violations

Finally, Malabed's attorney's admission that Malabed

received over $500,000 in unreported cash from a foreign

courier raises substantial questions regarding violation of

U.S. Customs disclosure requirements.

o

CONCLUSION

This memorandum ends with a call for justice. The

solid evidence of wrongdoing, coupled with the clear intent

of numerous federal statutes, mandates that responsible

federal and state authorities insure that full protection of

the laws shall be afforded to all citizens. It is vital to

bring to justice all of those who subvert our democratic

rights no matter how powerful or influential they might be

or may have been. Marcos' recent efforts to charter a plane

and return to the Philippines to topple the government of

Corazon Aquino all demonstrate that the evidence summarized

here is not of mere historical interest. To investigate the

Marcos/Ver/Malabed/Baruso connection, and to seek criminal

charges, as the evidence warrants, will send a powerful

message to other governments, friend and foe alike, who may

0 be tempted to engage in covert and terrorist operations and

co to subvert our laws and constitutional protections.

Asks of rbtrwIV M1991

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.--- ATTACHMENT A

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* XZA mzCTO z C01=88106 6111% IVEWasbingtOflep D.C. 20463

Date and Time of Transmittal By XR0~IOGC to the Commission Date Coup aint Received

By O;C March 23 1986Date of0 tiT frction toRepnet A n

Complainant's Wane: Mary Jane Freeman

Respondents' Names: Reagan-BushAngela M. Buchanan Jackson, treasurerCarter/Mondale Presidential CommitteeS, Lee Kling, treasurer

Senator Alan CranstonDemocratic National CommitteeSharon Pratt Dixon, treasurer

Leonilo MalabedGovernment of the PhilippinesFerdinand Marcos

Relevant Statutes: 2 U.S.C. 5 441e and 5 44lf

Internal Reports Checked: Disclosure ReportsContributor Lists

Federal Agencies Checked: None

Sumary of Allegations

On March 28, 1986, the Office of General Counsel received a

signed, sworn and notarized complaint from Mary Jane Freeman,

alleging violations of the Federal Election Campaign Act of 1971,

as amended, ('Act*). Specifically, the complaint alleges that

the 1980 Presidential campaigns of Ronald Reagan and Jimmy Carter

plus United States Senator Alan Cranston and the Democratic

National Committee may have accepted contributions made by a

foreign national, in the form of contributions made in the name

of another.

ATTACHMENT B

N

N

0~qrn

-2-

U Tactual and Leg9al Analysis

Complainant submitted a one page complaint accompanied by

several newspaper articles concerning the allegations. The

subject of the complaint are alleged contributions made by an

unnamed foreign national (or the Government of the Philippines)

to the following: the 1980 Presidential campaign of Ronald

Reagan (OReagan-Bush'), the 1980 Presidential campaign of Jimmy

Carter ('arter-Mondale'), United States Senator Alan Cranston

and the Democratic flational Comittee (ODNCO). Complainant

alleges that these contributions may have been made 'in the name

04 of another' and also may have been made in 'excess of the

federally imposed limits from these sources.'

The two newspaper articles submitted with the complaint

provide more details as to the circumstances surrounding the

complaint's allegations. According to the articles, a document

brought to this country by former President Ferdinand Marcos of

C the Philippines purportedly shows that contributionR were made to

the following candidates in the following amounts: Jirmy .C"arter

-$51,500, Ronald 'Reagan - $50,000, and Alan Cranseton - $10,000.

T'he contributions were supposedly made through the Mlabuhay

Corportation of California, whose director at the time was Dr.

Leonilo Malabedt a boyhood friend of Marcos'.

Notification of complaint letters were mailed to the alleged

recipients of these contributions and to Dr. Leonilo Malabed. I/

* l/ Letters were also sent to Ferdinand Marcos in Eawali and tothe Embassy of the Philippinesp as a representative of thePhilippine Government. The Marcos letter was not responded tonor was it retur-ned undelivered. T.he Brnbassy responded througnthe Uni'.ted States Department c! State.

* -3-

All of these parties responded in writing.

The Reagan-Bush response requests that the Commission take

no action on this matter, since the complaint has no basis to

support the allegations, inasmuch as it lacks any evidence that

the contributions were ever made.

The Carter-Mondale response denied knowingly receiving

either contributions from foreign nationals or contributions made

in the name of another.

Senator Cranston's response denies having ever received a

campaign contribution from Ferdinand Marcos or any of Marcos'

agents or from the Philippine government. Cranston admits that

Sin 1980 his Senate campaign received $500 from Dr. Malabed, but

states that he had no reason to connect this with Marcos or theNPhilippine Government.

The DNC's response denies any violation with regard to

com-lainant's allegations. The DN^,, admits receiving a

cc contl.ribution from Leonilo Ma2.abed in the amount of $4125t but

o, states that t%-he contribution appeared on its face "to be a legal

contribut ion from a resident of California, and the DNI.- properly

report-ed it as such.' The DNC states that- the comp'ain- contains

insufficient evidence to support its allegations, and that the

DNC did not knowingly accept an illegal contribution of funds

obtained by Mr. Malabed from prohibited sources,

In Malabed's response, he claims to not be 'aware of any

*foreign (Ph114ppine) sources of money contr-ibuted t-o vc!46icians

truhme cr any corporation under my cont-c! or ow'nersniz.'

The prohibi tion on contributions by foreign nationals is

contained at 2 U.S.C. S 441e:

it shall be unlawful for a foreign nationaldirectly or through any other person to makeany contribution of money or other thing ofvalue... in connection with an election toany political office;,,, or for any person tosolicit# accept, or receive any suchcontribution from a foreign national.

The term "foreign national' is defined by 2 U.S.C.

S 441e (b) (l) to mean a 'foreign principal* as this term is

defined specifically by 22 U.S.C. S 611(b). Section 611(b)

defines a Oforeign principal' as including:

(1) a government of a foreign country and aforeign political party.

(2) a person outside of the United St~ates,unless it is established that suchperson is an individual and a citizen ofand domiciled within the United States,or that such person is not an individualand is organized under or created by thelaws of the United States or of any

oState or other Place subjet to t,,hejursidiction of the United States andhas its principal place of business in

cc the United States, and

()a partnership, association, cor-porat.ion,organization, or other comt-ination ofper-sons organized under- the laws of or-having its principal place of businessis a foreign country.

The prohibition on making contributions in the name of

another is contained at 2 U.S.C. S 441f:

N~o person shall knowingly make a contributionin the name of another or knowingly permithis name to be used to effect such aconft-Zibut ionI and no per-son shLlI knowinc-yaccept a contrlibutionl made Iy one pe:son :--.the name of another person1.

Recipients

The evidence supporting complainant's allegations is limited

at this stage of the matter. An examination of committee records

on file with the Commission fails to disclose any direct

contributions by Ferdinand Marcos (or for that matter# the

Government of the Philippines) to any of the alleged recipients

named in the complaint. Mr. Malabed made several contributions

with regard to the 1980 elections, as follows:

R ecipient Amount Election

C1- Carter-Mondale $125 1980 Primary

Carter-Mondale 875 1980 PrImar"y

0 D NC1" 4125 19080 Primary

Th-- .re reports also indicate that a Mirs. valabed made the following

O contributions: 2/

Reci~ieflt iAcnun&t 3/ VEect i or.

0* Carter-Hondale $500 21980 Primary

Carter-Mondale 625 1980O Primary

Car-ter-Mondale 300 2.980 Primary

No evidence was submitted esta!b'...shing a link between &%he

contributions made by Malabed and any foreign national. The

2/ Mrs. Malabed was -listed as "Mrs. Leoflilow" Mrs. Patrice'* and* TMrs. L.0 with the same addresses as Leonilo Malabed.

B/ Althouch the aggregate amouint con..tributed is e1400,

consistent wl"ithA past Comrtssiof actions, the O;Sice cf Genera2C,,'oun s e I is reoommendinr no action at tnstime on. a2t. .S.C.v S 4 4.a(a) (1.) 00) v i c'atia.A.

allegations are based on the existence of a docujment which

purportedly shows intended contributions by Marcos* However, as

each of the recipients expressly or implicitly contend, nothing

from the face of the contributions received from Malabed

indicates that they were made in the name of another or had

originated from foreign sources. Both 2 u.s.C. 5 441e and 5 441f

require knowing acceptance of these prohibited contributions, yet

complainant supplies no evidence to establish that the recipients

CO had any knowledge that the source of the contributions may have

been someone other than whose name appeared on the checks.

- With respect to each of the responses submitted by the

' ecipients, the arguments made co to the sufficiency of the

evidence submitted with the complaint. Counsel for Reagan-Bush

contends that since the complaint supplies no evidence that the0

par-ticular contr ibutions were ever -made, there is no basis for-

Smaking a reason to believe determination. Counsel for Carter-

S Mondale states that that Committee has no knowledoe recard ine any

cc of the contributions referred to in the complaint.

Senator Cranston states that he has no know2.edoe ofI ever

receiving a campaign contribution from Ylarcos or any of his

agents or from the Philippine govenment. Senator Cranston admits

receiving a $500 contribution from Leonilo Malabed in 1980, but

states that he does not know Malabed and had no reason to connect

him with Marcos.

0 The DNC states that while it too received a con tribut ion

frmLon o Ma be d in 10,the Contr--bution a=Pear-ec ont

fact to be a lecal'. contribution f:om a resident of Cal ifo-n ia and

was properly reported as such.

-7-

Because of the limited evidence. submitted with the complaint

regarding the recipients of the contributions at Issue# the

Office of Gener al :CounselI recomnds that the Commission find no

reason to belieVe that Reagan-Bush and Angela K. Buchanan

Jackson, as treasurer, Carter-Mondale and S. Lee Kling, as

treasurer, Senator Alan Cranston, and the Democratic National

Committee and Sharon Pratt Dixon, as treasurer violated 2 U.S.C.

£ 441e and 5 441f.

Contributors

The making of the contributions, by Ferdinand Marcos through

a conduit, possibly either by Leonilo Malabed or by a Corporation

under his control, the Mabuhay Corporation, is purportedly

Sevidenced by a doc~ment brought to the United States by Plarcos

and currently in the possession o! the Rouse Committ%.ee on Foreign

N Affairs, Subcommittee on Asian and Pacific Affairs. A copy of

o the documen't was received by the Commission. The document is

labelled "Mabuhay Corporation Statement of Expenses" and dat.-edCe

M February 15, 1962. It purports to show expenses of 'e51,500 paid

.to Car-ter, $50,000 paid to Reagan, and $10,000 paid to Cranston.

The document also contains a handwritten note, by an unidentifiedper son, stating *Zhat the money was received from ?1ZB 4/ for

intelligence purposes. If the information contained in that

document is correct, contributions were made by Marcos through

the Habuhay Corporkation, with Leonilo Malabed serving as conduit

as agent of the Mabuhay Corporation, then such activit.LJes

', ?ssiy, ne hilivpine National B=ank, accor,2ing to newsacc'Wounts attached to the cm~it

40 9-

would violate 2 u.S.C. S 441e. Marcost by virtue of his foreign

citizenship, is*- foreign nationa~l within the meaning of 2 U.S.c.

5 44le. A foreign national may not through any person contribute

to any election for political office. Additionlally# if the

act.-ual contributions were made in the name of Mr. Malabed and

others, this activity would violate 2 U.S.C. S 441f, which

prohibits any person from allowing his name to be used for a

contribution by another.

Ferdinand Marcos was notified of. the complaint but failed to

respond. 5/Mr. Malabed responded to the complaintr stating in

an unsworn responlse, that he is "not aware of any foreign

- (Philippines) sources of money contributed to politicians in this. county through me or any corporatiJon under my control or

ownership.' Thbis denial was accompanied by what Kr. Malabed

Nterms a list of his political contribut ions made from 1979 to

01983, on a document apiparent'ly filed with a San Fran isco citY

of ficial. However , the list is not an accurate dis~1osure

record. This !ist,-- includes the .1980 contribution by MaJlabed to

cc the DN,%%I b,%,t- reports the amount as e.5000, whereas both om i son

and DNC." records show the amount as S41.25. The list. also fa:i-s to

':nclude any of t%-he cont r but ions Previousl~y cited as having been

made in 1980 by Malabed to Carter-Mondale.

5/ Mr. M rco'notification letter was mailed to him in Hawaii

by regular first class mail. Although no response was received,

S the letter itself was not returned to the Commission, giving rise

to the presumption of delivery~of the mails.

6.960

in light of these circumstanceso the Office of General

S Counsel recommends that the Commission find reason to believe

that Ferdinan~d M4arcos violated 2 U*sc. S 441. and S 441f and

that LeoniloMalabed 6/ violated 2 U.S.C. S 441f. 7/ in

addition, the Office of General Counsel recomends that the

Commission authorize the sending of the attached letter to the

Chairman of the House Sub-committee on Asian and Pacific Affairs

requesting any information they may have.

Recommendations

The office of General Counsel recommends that the

Commission:

1. Find reason to believe that Ferdinand Marcos violated

2. Find reason to believe that Leon.*ilo malabed violatedV2 U..S.C. S 442-f.

3. Find no reason to believe that Reagan-Bush and AncelaY.. Buchanan JaCkson, as t:easurer, violated 2 U..C 441e and

oC 442:00

4. Find no reason to believe that the Carter-MondalePr-esidential Committee and S. Lee K~ling, as treasurer, vic_"ated2 U.S.C. S 441e and S 442-f.

5.Find no reason to believe that Senator rklan 0.'ranstc-.cc violated 2 tLS.CW. S 441e and S 441f.

6/ Because the abuhay Corporation was dissolved in 1962, theOffice of General Counsel is recommending that this determinationname Leonilo !4alabed, who was agent for and director of thecorporation, and who, it is alleged, may have actually made thecontributions.

7/ The Office of General Counsel is making no recommendationwith regard to the Government of the- Philippines, since theSnewspaper articles specify Ferdinand Marcos as the contributor.Additionally, no recommendation is being made with regard to theexCessive amount of the contri'bution, since the entire amount o&te con tr ibut*-.ions is presumably pro.ibited by 2 U.S .C. S 4ftUe anC:

'.Approve the*ttch.8 3*tter5.

Charles V. Steelecenteral .Cognso

/1~'6Va teL/

BY:Law"e *Deputy General Counsel

AttachmentsA. ResponsesSB. Letters

CHARLES 0. MORGAN, JR.450 Sansome StreetSuite 1310San Francisco, CA 94111-3382(415) 392-2037

MICHAEL E. WITHEYSchroeter, Goidmark & Bender, P.S.540 Central BuildingSeattle, WA 98104(206) 622-8506

- UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CALIFORNIA

' In re Deposition of)Dr. Leonilo Malabed

N ) Misc No. 8688 WHOESTATE OF SILME G. DOMINGO,)

o et al., For. Dep. 86-215V For. Dep. 86-362

V Plaintiffs,C DECLARATION OF BONIFACIC

V, GILLEGO. RE PLAINTIFFS'cc~ ) MOTION TO COMPEL DR.

REPUBLIC OF THE PHILIPPINES, ) MALABEDet al.,

Defendants.

I, BONIFACIO GILLEGO ,, depose and declare:

1. I am the U.S. based representative of the Philippine

government'Is Presidential Commission on Good Government (PCGG) with

offices in New York City and in Washington, D.C. at the Philippine

0 Embassy. I have been commissioned and authorized by Philippine

m% ~U?~A~'~Tm I"

President Corazon Aquino to investigate and bring legal action to

retrieve property owned and/or controlled by Ferdinand Marcos in the

United States. The chairman of the Presidential Commission on Good

Government is Jovita Salonga.

2. As part of my official duties on behalf of the PCGG, I

travelled to Washington, D.C. with Jovita Salonga in March of 198tt,

and was physically present when U.S. Under-Secretary of State for

Political Affairs, Mr, Michael Armacost, physically delivered over

2,500 documents to Mr. Jovita Salonga. These documents provided to

myself and Mr. Salonga were seized from Ferdinand Marcos by the U.S.

Customs Service in Honolulu, Hawaii after Marcos fled to Hawaii from

- the Philippines following his removal from office by Corazon Aquino.

3. The originals of these documents are retained by the U.S.

government.

C!)4. 1 maintain in my office in New York a full set of copies

V of all the documents provided.

L"W"5. The attached document, Exhibit B, entitled 'Mabuhay Corpo-

OD ration Statement of Expenses" (hereinafter 'Mabuhay S-tatement") is a

cc true and authentic copy one of the documents provided to Jovita

Salonga and myself by Under-Secretary Armacost in my presence; it is

maintained in our files in the New York City office of the PCGG.

6. The Mabuhay Statement is but one of hundreds of other

similar documents in my possession which detail, itemize, and

document the expenditure by Ferdinand Marcos and others for the

* Purchase of real estate, transfer of funds, expenditures of monies,

establishment of accounts# etc.# in the United States.

7. For over 20 years I was I a military intelligence off icer

in the Armed Forces of the Philippines and conducted extensive

military intelligence services on behalf of that government abroad.

I received training from the United States Central Intelligence

Agency. I worked on foreign assignments on behalf of the Philippine

military. In the course of these duties and since then, I have

investigated, researched and studied Philippine intelligence activi-

ties and agencies abroad, including those in the United States. Iam personally familiar with the Philippine intelligence operation

abroad, including its major agencies, means of operations, methods

of gathering intelligence, and use of "covers* and funding sources

to accomplish its missions and tasks.

8. I left the Armed Forces of the Philippines in the mid-0

seventies and came to the United States. Since that time, I have

studied, researched and investigated the role of Philippine intelli-

CO gence agencies in the United States and, in particular, their

CC activities on behalf of the Marcos regime to monitor and operate

against the anti-Marcos opposition in the United States from the

period of the mid-seventies through the present. I have written

papers and reports on Marcos intelligence operatives, and have

provided their names, military history, duties and activities to the

present government of Cory Aquino. Since being appointed U.S.

representative to the PCGG# I have had access to the documents of

the Armed Forces of the Philippines, the National Intelligence and

Security Authority (NISA), and other intelligence agencies. I have

further had conversations with leading officers of the Philippine

military establishment, Including General Fidel Ramos, regarding

the presence and operations and funding sources of the Marcos initel-

ligence apparatus in the United States. I have a first name

familiarity with the names of Marcos intelligence agents in the

U.S., including during the time period 1978 through 1986.

9. The major focus of our investigation of Marcos' financial

and real estate holdings in the United States are the financial. activities of Dr. Leonilo Malabed of San Francisco, California.

10. 1 have studied the the Mabuhay Statement carefully. It is

a statement of expenses which itemizes expenditures for a part of

0 the Marcos intelligence operations in the United States. To

0 f urther explain the document for the court, the handwritten st%,ate-

c) ment at the bottom reflects the withdrawal of $1,000,000 from the

cc 'PNB' -- Philippine National Bank for "intelligence purposes'. The

Philippine National Bank, whose headquarters is in Manila, operates

offices in the United States, including California. The handwritten

note further indicates that the withdrawal of this $1,000,000 was

under the *authority of the Chief of Staff. This refers to Chief of

Staff General Ver', who headed up the Armed Forces of the Philippines

Intelligence Section, the National intelligence and Security

Authority, and the Presidential Security Command (PSC). Each of

these agencies conducted intelligence operations in the United

States for the last 15 years. These operations included collecting

information about the anti-Marcos opposition, including such organi-

zations as the Union of Democratic Filipinos (KDP), the Coalition

Against a Marcos Dictatorship (CAND), and the Movement for A Free

Philippines# amongst others. Each of these organizations conducted

activities, had meetings and conferences and engaged in anti-Marcos

protests in the Bay Area and in California.

11. It was a routine and normal intelligence procedure for

__General Ver to authorize the expenditure of funds for intelligence

Sactivities in the United States, including for 'special security

projects'.

12. The PSC-CG referred to in the Mabuhay Statement refers to0 the Presidential Security Command -- Commanding General, again

General Ver. The statement Oadvances to CG" indicates t-,he funds were

used on behalf of the CG -- again General Fabian Ver, for special

security pr%-.J---. This phrase refers to, amongst other things,

intelligence operations, including operations against the anti-

Marcos opposition in the U.S.

13. Based on my former position as a Philippine military

intelligence officer, my studies and research of Philippine intelli-

gence in the U.S., my duties and responsibilities in my current

position, my review of documents of the present Philippine military,

and of the documents brought by Ferdinand Marcos to the U.S. and

provided to myself by the U.S, State Department# I am of the follow-

ing opinions:

a. The expenditures listed as Ospecial security projectsw in

the Mabuhay Statement were payments made by or through the Mabuhay

Corporation and were part of the funding sources for Marcos intelli-

gence activities against the anti-Marcos opposition movement in the

U.S.

b. That the use of the Mabuhay Corporation was to provide a

suitable cover in order to avoid detection of the true source of the

funds for such intelligence purposes, i.e., the former government of

~ the Philippines under Ferdinand Marcos and General Ver. That the

use of such a cover is a routine intelligence device, utilized by

o all intelligence services including the Philippines.

C. I am firmly of the opinion that lthe 'special security

projects' were undertaken on behalf of Ferdinand Marcos, General

Ver, and were used, in part, to counter the influence of anti-Marcos

opposition in the U.S. to monitor and operate against them and for

his other propaganda and political purposes.

d. That the Mabuhay Statement is exactly what it purports to

be; such corporation was used by Dr. Malabed as a cover and as a

conduit for intelligence operations and funds in the United States.

-I declare under penalty of perjury under the laws of the state

Adk of Washington that the foregoing is true and correct.

EXECUTED ON THIS__ day o %'O 1986 atWaC

lo or,.Y., U.S.Aote llpLMAY 2 2 985UISCRIU@AM h 100to beforeme thiS iS?

APJS ON 1. 3LSARLA

0474*f

cc

ARTICLES OF INCORPORATION

OF

MABLIHAY CORPORATION

'p.

ONE: The name of this corporation is

MABUHAY CORPORATION.

TWO: The purpose, of this corporation is to engage in

any lawful act or activity for which a corporation may be

organized under the General Corporat~ion Law of California

other than the banking business, the trust company business,

or the practice of a profession permitted to be incorporated

by the California Corporations Code.

THREE: The name and address in this state of this corpora-

tion's initial agent for service of process is:

DALNI'EL F. REIDY, Escuire703 Marke*, _St,-reet, Suite 1506San Francisco, California 94103.

FOUR: This corporation is authorized to issue One

Hundred (100) shares, all of the same class, designated

"Common Shares."

Dated: Novembe: 6 ,1978. -

LEPNILO L., MALABED-

In oporator

I declare that I am the person-who exe ted the above

Articles of Incorporation, and this instrument is my act....

and deed.

ATTACHMENT D EXHIBITAU.L

092373ENDORSED

40 e Oi e.of ie "claw.e Osl

fJOV9 1978Lia ruma [u, swetauy of ss:a

Phyllis E. afaglDeputy

0

N

0

0

0?

'V

5fa

90

MINUTES OF ACTIONJ OF INCORPORATOR

TAKEN WITHOUT A MEETING BY WRITTEN CONSENT

The following action is taken by the incorporator

of MABUHAY CORPORATION, a California corporation, by

written consent, without a meeting, on November 27,

1978 under sections 210 and 307(c) of the General Cor-

poration Law of the State of California.

The following resolutions are adopted:

RESOLVED that LEONILO MALABvwD shall enter into

an agreement whereby ?MABtJHAY CORPORATION agrees to

purchase radio broadcast station XJAZ of Alameda, Cali-

fornia for one Million Six Hundred and Seventy-Five

Thousand Dollars ($1,675,000.00). subject to appropriate

0 conditions.

RESO3LVED that LEONILO MkALABED shallA, loan MNABUHiAI

CD CORPORATION the sum of Twenty Five Thousand Dollars

cc ($25,000.00) as an earnest money deposit for the KJAZ

agreement.

RESOLVErD that DANZIEI. RZIDY sh&ll coordinate the

prep aration of an application to the Federal Commnunica-

tions Commission whereby MABUHAY CORPORATION could re-

ceive FCC approval for the assignment of the KJAZ license.

The undersigned, the incorporator of this corpora-

tion, consents to the foregoing action.

DatCed: November 27, 1978

LEC'NILO NALkBEDIncorporator of MABUHAY CORPORATION

- FYWIRITI6

r'.. OX 2830 (1)4522SACRAMENTO. CA 95912 S E OF CALIFORNIA (1)45-00OFICE USE ONLY

STATMENTBY OESTIC STOCK COR RATIONTHIS STATEMENTI MUST OE FILED WI04CALIPOWAI ECACTAny Of STATE (c 160?.COMPONATOONS CODE)

145 Mountain Spring AvenueEO NOT USE P.C. OXo.

RTHE LAWS OF THE STATE OF

IA

San Francisco, CA 94114lip cowE

2 5?a-EE ADM"ESOFPRICIPAL, uS 011 f= W mCAuP 811'ANY) kjtEOR onRoom 2A.

Same CALIF.100 NOT USE P.O BOX NO.$______ CTT to CODE

9.Ahi.IN3 ADDRESS 4IOPT"IONAL) SUITE Olt Room, 3A

JAMES OF THE FOLLOWING OFFICERS ARE:CIYaSAEtpOD

Leonilo Malabed 4A 145 Mountain Sprinq Av 0 San Franlcisco CA 4C911L CHIEF EXECUTIVE OFFICERGsuuawSSGo R RESIECE ADORESS 100 oe UEp 0 0uou1,rCIT &ASTATE 2100 CC*[

Danil r4 ~idP MRarket, Suite 1506 San Francisco,#C 94103SCETS 0 11O10NCIE A00RESS .oo .FOTUSE 900 *O Icfv A STATE to ~oco

emetrio Jayme 41% 100 California , 100"an Francisco, CA 6C94111-B CHIEF FINANCIAL OFIOICIEPI OStSESS ORt RESIDENCE1 ADDRESS 100 NOT USE P 0 SOxI CIT & STATE to D C00!

PRESENTLY AUTHORIZED NUMBER OF DIRECTORS, INCLUDING VACANCIES L 1NAMES AND COMPLETE BUSINESS OR RESIDENCE ADDRESS OF INCU'LMBENT DIRECTORS INCLUDINGJHOSE DIRECTORS WHO ARE ALSO OFFICERS. (Attach a SUpplemental iist of dircors it needed),______

AI eonilo Nalabed 145 mountain Sprinq jSan Francisco, CA 94114iO uSINUES OR RESIDENCE ADDRESS 100 NO, USE0sr0 ox. CIYvia STATE Z210,COCO'

zno spraz 717 Edge Lane Los Altos, CA 94022

__________________*.Ess 0"R RESIDNCE ADDRESS 400 NOT USE 9000S0019, CI?' STATE NPCtofS

ckRev. Fred Al. Bitang~ 756 Mission Street S an Francisco, CA 9410:3'N&I esIFEss 04RESIDENCE ALDRESS too NOT? usE00.ox)owCITY9A ________Coot

'cenetrio Jayme 100 California, # 1060 I San Francisco, CA 94111NAE istoUSs 00 4RESIDENCE ADDIPESS cI= NO' US! 009011CITV ASIATE z'* coot

~'Zoilo P,. inac.aN 565 Junipero Serra Blvd San1 Fran::-sco, CA 94127F a -E SS 00 OES0K : ' )rf£ 1~S!.iCC " zf 1 PC CT.:''7E

DO NOT WRITE IN IH:S SPACE~ lAIC F RO!S*Daniel F. Reidy, Attorney at Law,

..703 Market Street, Suit.-e 1506, San Francisco, CA 94103Business 0' resicence accress ii ar ecndvic,aDO0 NOT ADD1RESS Ir AGEN7 S A C00P' A'TON

D I[PPANAION OUST SE 94411r)

TYPE OF BUSINESS- Purchase and oDerat6-e a radio station1.IDECLA1111 mAT ISuAVI EAASAINED ?"IlS ATIUNN AND TO IN&1 gEl? OF RNOWLEOG 51ANDOW90. E 7 I6 I TUE CORNICT A"" C Ow"LETE

CA!E TITLE S"r.NATtU' 0f COPORWATE OfFICEA OR ft

12 9023730 OUE.DATE li/7/9 54

MA9UHAY' CORPORATIONSDANIEL RE~ny

703 MA5. T ST STE 1506SAN FRtAN~ ISCO, CA q4103

PLEASE 00 NOT A TFA T04. PREORINTED COnPORATE NAME AND ADDRESS

ATTACHMENT D EXHIBLk.

S

with respect to ach a6cout OPsI at the imW of signing this 69igaUre card. Oo With respect to M:'

ecCtunt open"d subsolluettty in prson. upon teephoic. or wtien re0amet. each *Counlt will hae the Ww1*11account ItI,* indiclea above ano aech 60po.itot *goes% to the termS at this Signalte card, the Rume top

". -.M d,'k~s an. . I*~ t.4 - *secrns fid.. t01f'tdS -W ~N A4lrORMA i 1- 1 --

e&if amendments of aidditiio th@1etO. a1t APPOItOt10" awend regulation;e. anid the praice" of the

BankS in effect from time to ltme If mwoe than one sigrialUiS &aOaIs above, sit *VMmS In am"h acori' ewbe owned a& lont tenants with tight 0 Suninporship. subject to the ChecON. oteai 0' oleeiot aigftd by - ortt

C both, *adopt that in the ewent of gentitiing oMnMS the Sank may feguire the signsture of beoo 0 soabolve

Each de6pOoi agrees that each account opene with flan $hl be g Su~ to tfight of sot tPW

Irebr1s1ies to S1ank of any Such depositor to thaesltei legally gefwitSIbie. and ACKNiOWLEDGES RECEIPT CPF

A COPY OF BANKS RULES FOR PERSONAL CffECtItING ACCOUNTS & REGULAR SAVINGS ACCOUNTS

I* AtL Akt SWAIMINTS AND vOUC045S Z, OLD ALL SIA11iMINIS% AND VOtUCi4IRS 1,004i1 CALjtD #04 .i

AUTHORIZATION TO TILANSFEI FUNDS

101ON A-14)1f C aB11t14 44C1W CON SP0ON A11OVI AND C111(o' AS FLi&0w

ACCCKONi CILt DfAP NC I "I Ac AhAA0Vk &e~lk U1. DAti DAIJ CAACJt

~II7~~~1

M5.I7I b78 - ~ - -- ~ -.

~qW .

4

ATTACHMEN~T E

PAS. 176 do-76.

.. a

A

Ar

16,

.0-

.44.

V f

STATE OF CALIFORNIA*.i~4~ I STAT&BANYING DEPARTMENT

I, PATRICK CARROLL, Staff Servics AnalystDepartmnent, do hereby certify that the attached documecopies of documents. on file with this Department.

Dated: June 3, 1986

LOUIS CARTERSuperi tenden-t of Banks

ByY (

ATRICK C. CARROLL

Staff Services Analyst

ATTACHMENT F

77,17' 7

of the State Bankingnts are true and correct

0 .

Ir

-APPLICATION FOR AUTHORITY TO ORGANZE BANK

To: Superintendent of.8~k*, 5a sch -2

IThe flawn efos

*-.4-

Business or Occupation --- Btr Vffan a-aulRn* Name Lenides Virata'-'e 'v.eoPMen=%jbF"Z'0-E"Ue FE1 1ppines, DYMg

D uendi I*.akati, .Rizal, .Philippine.

.Businessor pcution- hairman 9ttbe Board, aygopment Bank of the Phili~vinePC

-EN .M. MM

N...._Roman Cruz, .Jr;-. rd 61Oft-La]Governiment beie Insurance System, GSIS Bldg.AdrsAroceros, Manila, Phili ne

Business or occuptio5.- General M'anacer, Governerit Service Insurance S*-.ste:-

Name -Gilbert4%o TeodoroSocial b ecurlty System, 555 Bldg.

A=!rest as Avenuer Quezon City, Philivines

Bvslness or Occupatio Admi nistrator, d5ici Secuo-Iry S'stemBasil.ic Estanislao;&

Ncme Z~ c iz lx 0± he P ipp ines , B . F. Condom ... xrc~ *Adre - dua.-,aV ?anila, Ph.,,. ne

M Susircss or Occupatioft- President, Land Bank of t.he Phil!~ne

hereby oppJy for outnoritv to croonize and estoblish a corporation under the lows of The State ofCc~io~no Wen~oe n ~commercial bankin2 business ~trusi business(Check an* or both)

at -Vcinityof Montcomiery and merateno w..ef

San rrancisco City San Francisco County(city) (C..iMy)

under the rcm PHILIPPINE BANX OF CALIFORNIA

W *6.h total ccpitalization of $5. 0,000.00

The person aithori.-ed To represen t fe applicants in cornme-.ion with tis cac~c S

Ncrn~e: I cC Srt~ eitphone;(C

Address:-235 Montoomerv St. -San Francisco, California 94104

M ITYIOHMh ANNUAL REPRT

Phdippin a"n of CaIfsmgabmp -W 'm 7, urn

1~ 1.'.'b

I.

- 39,

* 129Y- -- Is$

An5 Misa~wry, 5L. Sm FiIwi* 94104 hI" 14151 9S -P9 .'-!.'-t* 0 A. F. bSmAsowwm IRWi. Vm A ft C. r P~a 01Ww Pfdb Pud Cbm&

STATEMENT OF COM~MON as of .1. 30, 197Mow .. L A

Alu-m -

MM~bin ~bLI T~ -

S *~g, m~ 1.31L bw ~ - - ________________

I~ 4mg)

- - -

* TinE Amu

hmm o U.L Gmmmg -

h. o kdup pww-o 'm -ow"WACom -i W%.

I OW- "tao wpTom md Wmpg - -

Tsi Zsv i d

4.7146

4.64Womp. Dwpmmtr

TOW Li--litim

* 31

131

2J73

4.713

4.72*

(in.d

- m,

IburY CAPIYAL

U

3.9751.773

Toul Copoita Ammum . .. ...... .3:2ZToul Liabiimm mad Capmtal Ammumn_______ 10.046

howmopo. o~a O is- I at kbww h PamNaippur GCmrn, - DwampoMw &"k of the10L~n. Gam. br,. -31m S - M thf Phbapponm Pbisppae %me" h" wdu

I W.261

ummi

I.

- -- I.0e 0

PHILIPPINE NATIONAL'BANKor'.Cift ~WMffV Or 1.OI 11PUSLUC CW Y.C pULOPMpES

?LJACJDO L MAPA. I*.p.I9g.Iw'

March 25o 193

MMORANDUM YoT

President Ferdinand L.

Suabject: -P1MLJPPINI N EJN

May I request your approval to charge terfp07arily

against Accounts Receivable (Office of the President) the

unmiquidated advances i'or-n our New Tork Branch totalling

UJS$9, 805. 371. 98.

U A be. p: 0#yt ad

S

ATTACHMENT G

S

/001*

*up

* SLWRAy OF RECONCILING ITEMS

WITH PNB NEW YORK BRANCH

YEAR

* 197619771 9781979I 19801 9811982

O OF ITEMS

24

42

2B

3

I'

3

0

Total

USSAMO UNT

761 949'1.20/

I 1s ,58 54. of

'170,00000'

17,000.-00

$ 9,805,371.9B53333r~uam==

S

K.a]

17]I.K]7]

ATTACHMENT G

8946K

1W IUNITED STATES DISTRICT COURT

2 CENTRAL DISTRICT OF CALIFORNIA

3

4 ESTATE OF SILME G. DOMINGO, ) CASE NO. Misc. 17745Ot al., (RELATED CASE NO. C82-1055V,

5 ) U.S.D.C.o W.D. Washington)Plaintiffs, )

6 ) DECLARATION OF PACIANO F.

7 VS. ) DIZON IN RESPONSE TO SUBPOENA7 ) DUCES TECUM SERVED UPON THE

REPUBLIC OF THE PHILIPPINES, PHILIPPINE NATIONAL BANK, LOS8 et al., ) ANGELES BRANCH

9)

0410 I, Paciano F. Dizon, declare:

11W111. I am Assistant Manager of the Los Angeles Branch

12 of the Philippine National Bank ("PNB/LA") and I have authority

R13 to certify the records produced herewith. I make the

14 statements in the following paragraphs based on my present

15 knowledge, information and belief.

16 2. PNB/LA is licensed by the State of California as

17 a wholesale branch office and is the successor to the

18 Philippine National Bank San Francisco Agency ("PNB/SF") . In

19 March, 1981, PNB/SF moved its offices to Los Angeles, and in

20 May, 1982, converted such offices from an agency to a branch

21 office.

223. The documents attached hereto as Exhibits A, B, C

23 and D are tr ue copies of all of the records of PNB/LA and

24 PNB/SF described in the attachment to the supboena duces tecum,

25 dated July 18, 1986 served upon PNB/LA on or about July 22,

@26 1986.

27

281

ATTACHMENT H

91 4. Such documents as were prepared by PPNB/LA and/or

2 PNB/SF were prepared by its personnel in the ordinary course of

3 PNB/LA's or PNB/SF's business at or near the time of the act,

4 condition or event.

5 5. Such documents constitute all documents

3 responsive to the subpoena duces tecum served upon PNB/LA which

7 were found by PNB/LA as a result of a diligent and

8 comprehensive search of its records and of its files and of all

9 of the records and files of PNB/SF which it has in its

o10 possession, custody or control.

11 6. Exhibit A consists of three pages. On the top of

-12 the first page is a copy of an entry form used by PNB/SF used

13 for internal accounting purposes ' '--b es a payment made

14 by PNB/SF to Dr. Leonilo Malabed in the amount of $150,000.00

15 by the issuance of a check drawn on PNB/SF's account with

16 Lloyds Bank of California. At the bottom of the first page of

o17 Exhibit A is a copy of the check issued by PNB/SF to Dr.

18 Malabed in the amount of $150,000.00. This copy of the check

cc 19 serves as PNB/SF's credit ticket on the transaction.

20 The second page of Exhibit A is a copy of Dot.h

21 sides of the cancelled check in the amount of $150,000.00

22 issued by PNB/SF payable to the order of Dr. Malabed.

23 The third page of Exhibit A is a copy of a telex

24 received by PNB/SF from PNB's Head Office in Manila advising_25that instructions had been received by PNB's Head Office from

926 Dr. Malabed or someone acting on his behalf to issue a check in

2 7 j-.the amount of .1150,000.00 payable to Dr. Ma"abed by P1-B/SF' in

S 'US.dollar-s.

-2-

1 7. Exhibit B consists of two pages. On the top of

2 the first page is a copy of an entry form used by PNB/SF used

3 for internal accounting purposes which describes a payment made

4 by PNB/SF to Dr. Leonilo Malabed in the amount of $40#000.00 by

5 the issuance of a check drawn on PNB/SF's account with Lloyds

6 Bank of California pursuant to cable received from PNB/SF's

7 Head Office in Manila by order of Dr. Malabed or persons acting

8 on his behalf. At the bottom of the first page of Exhibit B is

9 a copy of the check issued by PNB/SF to Dr. Malabed in the

10 amount of $40,000.00. This copy of the check serves as

Lt) 11 PNB/SF's credit ticket on the transaction. The second page of

-12 Exhibit B is a copy of both sides of the cancelled check in the

'13 amount of $40,000.00 issued by PNB/SF payable to the order of

14 Dr. Malabed.

015 8. Exhibit C consists of two pages. On the top of

16 the first page is a copy of an entry form used by PNB/SF used

o17 for internal accounting purposes which describes a payment made

an 18 by PNB/SF to Conrado Rubio, Jr. in the amount of $5,000.00 by

19 the issuance of a check drawn on PNB/SF's account with Lloyds

20 Bank of California pursuant to cable received from PNB/SF's

21 Head Office in Manila by order of Mr. Rubio or per-sons acting

22on his behalf. At the bottom of the first page of Exhibit C is

23 a copy of the check issued by PNB/SF to Mr. Rubio in the amount

24 Of $5,000.00. This copy of the check serves as PNB/SF's credit

25jti cket on the transaction. The second page of Exhibit C is a

0 26 1copy of both sides of the cancelled check in the amount of

n- $5,000.00 issued by PNB/SF payable to t.-he order of M:r. Rubio.

-3-

19. Exhibit D consists of two pages. The first page

2 of Exhibit D is a credit ticket which is an entry form used for

3 internal accounting purposes by PNB/LA which describes a

4 $10,000.00 disbursement which was made pursuant to instructions

5 from PNB's Head Office in Manila. The bottom of the first page

6 of Exhibit D consists of a debit ticket which is an entry form

7 used by PNB/LA for internal accounting purposes that describes

8 a debit for a $10,000.00 disbursement made pursuant to

9 instructions from PNB in Manila's Head Office which payment was

10 made against PNB/LA's account with the Philippine Bank of

IA 1 California.

-12 The second page of Exhibit D is a "Debit Advice

13 Formr" which I am informed and believe was issued by 4th e

14 Philippine Bank of California and was sent to PNB/LA indicating

15 that the Philippine Bank of California charged PNB/LA's account

16 with the Philippine Bank of California pursuant to PNB/LA's

oD 17 instructions which were received from PNB/LA's home office in

an ~18 Manila, and that pursuant to those instructions a $20,000.00

cc 19 Payment was made to Mr. Lito Gorespe. I am informed and

20 believe that Mr. Buenaventura referred to on the second page of

21 Exhibit D was an officer of Philippine Bank of California. Ms.

22 Amy Gella referred on the second page of Exhibit D was an

23 Assistant Agent of PNB/LA as of the date of this document.

24

25. 2627,

28

-4-

I 1 declare under penalty of perjury under the laws of2 the United States of America that the foregoing is true and3 correct and that this declaration was executed this 10th day of4 September, 1986 at Los Angeles, California.

5

7 /9PACIANO F. DIZON -8

9

12. 1314

r~. 15

0 16

17

18

CC 19

20

21

22

23

24

25*2271

28

(0

GC

W&.100 o sa""

by 00, tw i me.

* 1PHILIPPINE NATIONAL SASAN FRANCISCO AGUNCYW

2i*m5 om OISMol,""IT.SA PlANcoU. MAI@AVA.

L~..

PO N!1DATE

AMO0UNT

ACCOUNT OF:

mv oRSERf 0OP

[] DUE TO [0 DUE FROM

&w?USUIID geemaTUE&AWT0w@U1st SS~U

CRIDTDEPOSITS WITH LOCAL SAM~S

LLOYDS &APIC CAUPOMWA

PHMEtPPENM NATIONAL B-A-NIMSAN FRANCISCO AGENCY

235 N0ONTOOMVRT STRZKTSAN FkANCISCO. Chl"ORN-U 94104

N2 16820

SelXUS;

p~~~~ MIL 4%-*~ . ~bF*PAY

cMEcK TO-"ORDER~o Oo

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ATTACHMENT H

DEB8IT A-DVICI

vmw

DATIE

8 30 4 07 I

By L1e ssarThe Snrnrv doctor

implicated in numcrouf# Inve§-tigatlons of Ferdinand Marcos'

so-called "'hidden wealth" was

duped by Marcos olliclals Into

becominlg the scapegoat for the

probes. his attorney said yes-terday.

* In an exclusive Interview withThe Chronicle. altornsey Patrick

Italirnan said Dr Leonilo Malabed is

Ibesui "victimurd' because he waspressured to sign a document that

falsely claims his usiasefunflt Ma-

*buhlay Corp received $1 milionl in

Philippine intelligence funds to payfor covert operations In this coun-try.

Mahahed scrawled an unsignedhandwr iten message at the bottomof the document drafted four yearsago to vouch for Its authenticity af -ter beinp told be was doing a favor

for his boyhood friend. Marcos. Hal-

linan said.

'Dr. Malabed never received,any Intelligence mon-y ... Hie isScomnpletely innocent of any wrong-

doing." the lawyer said.

time that Malabed. through Ilis at-

torney. has admitted that be hasSpersonal knowledge of the contro-Sversial document and that he wroteIthe mysterious note on IL

S Malabed opted to relese the

t %formasuou through his attorney

,because be fears any public state-inent he makes about the doctinefit% ~-night he used against him in court

S.F. Doctor 'Duped'- molle 2YV* that U.S. Customs off i Filipino Arak

ary 21 li-ici tie arrived in Hawaiiaflt fleeing Manila.

The documnut is of ktey impor-tanct: in holf a doicla stale. federaland Illbilippiiw lnvestiriiallol ofMarcos activils. in tiss country. It

i~s aq'o a major issue In several feder-

malalsed has not been chargedor sued in cunriectiOl' with anY Ofthe case%. liu.^ever. Investigatorsand La%%yets for Marcos' foes allegethe Mahuhay document is genuine.

opponents of Marcos claim It

proves Marcos used Malabed's firmto launder Philippine money thatprovided funads for a 1ii81 double-murder of Marcos foes In Scuttleand a wariety of other Ilegaschemes In this country.

US. D~istrict Court Judge Wil-liam Orrick In San Francisco ruledyesterday that the document Is "au-ilientic only for court purpooses.-

'Me ruling was part 6f a pmetrial hearing In a suit filed in Seattleby families of Slime Domingo andG.tne Vierties. The two were oppo-

an local

by Marco sfire its June 1ilB1.

Three mncinwri; 0rang %%ere convictedde. bill the victims' Itend thsat Marcos' $Overesponsible. The pireti

Orik dcso

his lawyer admitted to knowvinga controversial documenlt

al lawsuits against the deposed lead- being held here beca

cc.. lives litre.

new Philippine NOVs-last week under Oath.* for attorneys to de'whether the Paper ISof itabuhay expense

- Outside the conter. IHallmnan said theno connection to Ma

None of the morsheet was receivedcorporation Malabee,years ago in bnibtempt to buy theF1(3 AZ. the sttoneY

Th'e doctor mowibis firm and the doas cover for An APImnent scheme by ot

W".rsf htaltingn at

1 67

]Vnr flimp first time. Mfalabad throi

-3

Way. May 30. IMCSa" Yrailtists

Ir union .1- used the phon), expense shif tOstal a"d doublelpr ot least

8M000 from tile lllippiD@ PDV*f a Seattle ernmett the attmnmey cimied." 1W.If the mur' Malabed didin't knows 11sy111111amilleS Con- about lt.- be said.

netWas Between 0P7 and 101.4kbearing b abed received about 65M00fOi I

Philippine governmnt media fundtA gav. for prolearcia ttlevIiOsi and

aboutN.d"M o i "for bM eastuffor wtg W dirt tric"s." he d

- Malibuk~ agreed to actdstodult 1or the plooey becauge Phil

am ipp*n officials teAFLed oppoR001 ofMarcos would havesa "propaPOafield day" it the govetL&ieti direc-

bard IV l paid for th gromitloAl00 prstative of the tram. according to lallinaR.fSDW't sud Nalbed tod ItAifluag 1110031

bete In Mut 1 in wa#a uve account Vh A Mn supoer bte W

u ~ place lIn Maila.

rtrooni. bowev- The Paper. v4ik-b Nabbe~d

document has claiml he $A" only In l It" inalfor.

Itbed' firm. falsely lnstw tht the Nahubaycorp. made 8175.(00Jo Ia1111 pltCon-

ecy lsted on the to~ U LS polcans - -mf spent by the amount 9 tnm se actual 3115Iformed seven politica donationibaabed maede Innsuccmf ml Rt- hi Ow Da &adhi ova UmoNY -M radio 81tation S*it to coie of 1118009

said. canceled checks made uvilable to

uillowd Tbe gPi md ti

unmeint to servei Ckrick is npectei to "M OWt

arent embele' week SO 8 requc' ut 1iabbtM4her NarMa sup11 hand owff al 95 uiSa aua

8Rights LAI,

CBcuckothO qlslmstoFacts..A *4Aquirt

I. i I I.&&

Slo and Fes i Rml 3oa. ONO O Went &A gmg MUnto.'private ppers ltsA~nL an' dM WIlUCul Of IIgtlhCW bctl

A UWbU5Iii~mad hower& W gsddIww~ WWb~

Mar~ taistawsthas a Caifemin ls cstumawdef 6041 Gpjyaic' oe neea gSe*t

Now m an" 5~dmoen Sham S MI PW m in SpariS of the9W478 IIAtOd es the sutaud?hlptoS'il 1 '~1f owk s Itam ee nedrelated to Mabuhip. a

PU N m a as~ s eamd sws~q WW ,euap shy cruet4by Mabid WL-at ony Alame&

ullibS.'e Bptsbe 'genuine melpsw a radiosuim.mb,~btat Soe paper Was liked&

for the aa pricbculn Usabhay Corp..

matba Oafgmume ltws S~ime bfthe g(tson.

pb~pUL. arcos have beenlbs heti ma Wat for sim e an UU "R -

iiA ~al be heceft om5withiNoew*Sao~ by plliiimMAbhyifcsth'

'proven genutne..

J e w l cably. LeS sma tanl wo ne 0 "6

ot seves others, Including Cauastksom'ranciso Mayor DMuse Feinsatein. calleskLietsti. I Governor Leo McCuthl MAdeRIwo school board candAWIda&S

Ol iut Itegmn and San 1rancheDOWgity College board Mewbet Judy 1ag4bbe"since repw&tedlegal dos&amluIUfrom NMhgor ltes Ix jricipsgl5. Tang had d me t ~thacked lcti~oa record'by yesterdaY

B~aI~ei ~~ottkai tllc. am o zinu~4mtkle wa ii. k~b v b& auca eflI -

area4 saimD- colonc Idewiheves" ib:U se tat" and Me""c cloarlMad.t

at lac. liiw 1.g08. le 0

MoWdtt k1pSciaI Security ProjectS. beled

:f TsAiCWI Melgke occum roughly a8m000hfr rcwsattended am .canoul~k 111011t

A1 Wpat We.,how t*at plans to PuT~b's NUOS ' &rlefl Witlli an wio uu

d 1hklhiAU Al s7 Ite-: rMj' fll through in octwbe IM. A1*"~~dgA Us1IBg $.7aentltilled flt

mlmed .ptl 1wasiap' 1mgSmthe wed docurnett of about 1SS IA I in ~e .US AeARMS ins r rto am a400iSby

4 4 MM O y F iM MY dir im V ~. er erl 4 . as ga oo pgod-faith depositS and Etbet Pl f .v M arco. olfilals to OO W FlilplS*A'M 1

WS.51 p~p~i I~? MAl 5' 1 Chsftl~je epenasswas checked and found suppor£or &a clbef IM lt ~ b h

g~buas~W and wpthdlbs gnora icflecin iofaToM Oi

f to usO US lA I IM Involved In the 1 4"ch A adwhse ma" 1i~ wtI5S16d ~

~ 4~m t~d ea1~ mmd USAN~ i~ t emthe ~ teueSL labled A'I 140CaemIra tgeil Mewpr

ggee~ ~ modIng .. :" Zrail alya ame b &Ia a t. h i annual 0CommitS e d i s semm

recallS4e4 ng ing m aof aboaut $14.0M in th e skwihI ac ~ adi. sb

o. ailed effo I to buy IKMZ but MI ttc It -* .1:

%. l a a id t oreem odlok, b w efor 9Th re cor i dke w s o I vier ff director of ~ t~ a5b m#A liLthae hmoie t tUIW ~S IUa.AIIUfiY Stphen ?'rgadls *I ye. isan Elk Grove publisew 114alms

&OM~vilivstearsaertecttt 6i15M from M~uba2rinta apro-marcoa newspaper owasiby Me

wapwas"a of tv"Idit wid ei tkt bj *~l I PPl 3A 7 'el s esd Nr -

M awetw0,0 came tolthe ftheivaltthad dw oabut SO

IF- .... fcian m dpfbiicd of M arc . who ma oldd beedoen o k O wwho p a hl f Nf

f'-mOaded M ab u ib awith five othe r plo * by bisb uhay. M b o nItshe t her4 do lr o e e pe asin sid know nothing about szp eU U

founed ebuAY wth 111 OUMM~io' , -4 from Fetwhns1 19IM to March 101 . by MaIM~bSYT

MaMay

IrIme Hoena Itiglats Coo

mnim a w evideace Wabsiweeps** to" 5ansaasl55Umlddsmi cerate..Aq%busbOe GWepOsIle Sedsip* Aqulm d -

baI to m t eof ~ 1do

DVskM "sM atabews afo

wae ad ageas bghIgh

e~imesOMSwheitbawe Ii

- y'tsa mdci bISKU

sewilltheWjatalaYd boficalWsd MOcMilScar

cogsilS=-1wh qu*96'

ma ardieanw fowasotaffeIdfff and 0

Reepeilhiwithe AqS1

ease Muldadd to tessiOm' tcivma dAwilu I laden

'I

Jai ljftwrllvmW1 JL

-. -- -I~i~ Fa U*Uth 6 A~g1 OCenl Newsstnd Pr"c

~year,No. 30

-~m ieU IE IdlkkI

a

~~s~" ~ PoyiticaI conltributiofls eyed,

- 7 mis ~ . -w

Lkk 5igo b kwm do AAfide. CAW*IS, s

On wwa S '~ IANAW SO.uSI amd0a

ka . "W k bw Or-

"~~~4 V win w 6w Us p~lk' id'

- ' - - ma nse W Pbe b p elesk @ be ljaa

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ATTACHMENT I

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- -. 'a.- - --

* - - - ~ - . .. .J. .-. ~s- .. ,

-.-. ~.. ~,

- -. -. i.--~* -.

_____________-~~~

~ ~ MARCH 36APRL 1.1966

talabed-Ma!COS ties..~. - - ' ' _______ - --I-!

41111 011111 t mtm -b .8 v

li oceitfi ci nsd jad bow N~o em

100 p~ i~evuud m dv hi Adtle.Vcu.l'MU11 to r Carm i.. hi

astune 'e t d onrlad of22 otow to Jau w

of Marcs. i ias-S mao T4'abetc - otkw sbV Commissiod

for any thep ar qin V.0 1a S- document pviresnd to hIUv -

."no f ro t 9 n so ita 19n was ; an SA inb Ig rec v UV= 11111VIII& i *-

~indment fondst . -NO Sento Cranston tol ohe FUUU Y uW-.20 pie .80h ko thiip 51 Q PIIic"P iN amktoen dv. her is t* P

Sos s~l ionrlb l to6 -als inict tha hf my sdu ofu und or to ther does hniue 4,en bto tha n )Gym swerieuod o . olt

PIduit Rnald Deorai .7bna Cc~ RAW~ p Anohe wi& Ofaies wS

n ad EOta"Vot in 29 i n M. inolrfed my nbe idaenie*Vr toyia Lar Ar a mw. ,,b3vura0u ea do Other heaing l Raanstom how~ poialm y Pub ll eo prvV'iO~pltt WC orpOibfted the acictows - guto AMY~ 1CW nW thepp foredi nat ha bardffo i0 r ed 2M the 2 o .1 as Rec iet from Malabed- to 91y Cso Camaig ber.U

x" Tn ducuent SW snd F '.' how ogy ras o'ited toeI doumn aw hicr wasm -I*

mo2 naniother ihf, alior- pkg pv . e t o at arepu o -wli a l Do= ~ tV o

l c n trb ti n 'to ther that The b n avr) e Co poaaio 6N M Y ab eeCp erd as in 2 n a- I0 1 Del~ fo ru m s fnd e a nor d ows w i h a ae n 3 y f s uec b apv ~ w to~ the political w i

Presbriente oad of eceied asna souw bo un =n caeprteg tha I n t om'i ood-tiitl wast n o

4."" o Sad for mbAte &mrhu d . aro biw t ouive my naed wI : hr" rowfltd r

nest politicans deryn n at hr tmy waven by a moar of e a n b yeL wase li thowG w-s

.;owc~of&. Otrutioui ticetsomy wnoupica wur kiorwin to e approv~ al. odd

joMarcs w e ret to he hvwrcos, suprtrms. sideI fm th fo me inpwd. y bow es : ad h ~or~ ~em cantriboe t, they otita naao d p t h o the membersl toti try ~L to Member.i

- aig ofc e Cali foiow influe ice Sy a yu. orp wrvm j ... ain aut ec o ai 2 I ,O ei'o

Qas frao r.on il aa bed PnucL niewsrpr e 1wsn mtat e d the bdcum ntai i neISpe cc 25 was er~

* 4=cmr uaix rnmatei fo CAO ptegar ahlipnes Zto eMm inaay, iOnew I oujbot &a ORY MerFEND anw Mearc' an

.1aebyina in CGlo nua~ -* d o ole~rW " therrr San Frmaawo mr. -t -, orr- I' go wib oth b

UA y canrampai S u- aThwe alus Cols an nort Malae duM nw muaxVA u ow*", adporaso

4P2S0 iunt 19 p9; an too ofo dvci Stwas aeph's and bw U a t w viraroly aut ntict diCicn eposit wher Marco3. Senat o Crto nr 550.0 Mi Se s Fr ur A f fifth in a h r wenorter thant e n thcu e gu ignfrdvhe fe

in 1~~~ -. . - Ro tme pra was ru ny oarcof l ue ca use~n oV e was WU tM litrseetin asUS

nese eolpensesn dentione an) Farart WLC-,"0

aommcieofcntryn km papaos filoe Awi t bSae doomet- cn e saxerl~ ks OWA5078 ette

AArimgovrnmnt o tr addra aupotes. dvtrude bym s o snd ie Us W "as e to a secal gatherng whch

amap.hwmte &mt M a mbusth oher mambersy bonef md/or~L v-rA iy COU0alli~orgaae a oe

sinr ro~o In. dvr~ U.S. ed ow hngr oepentrive t he bedn h1. manotw d eth 1'' 4r Septeme-, 198:e 1iunbders

xiucesfu cmpig o r As- th ca~r m: a dvil sroame vc d RIdy aconrte fLoWMY beit -%Can n Mexico" was

%embymarin Clifoma c." le oftht mSa his ' -... ', v-- P may Corpebdn' aWV zot& Saeliot

=,000.Dd aJen ~ wih Home fo th whod Holda thewsmen tt hih Maco attne Romeo Argulles

2. 0in Carte fats fey ate Fresls time. hower. ba dewi e nie o ny S14.0CE. sm 1, ofI n rich and poW* r Mia

$2.o5.0 iaene Pago. ofrt ~m the S. )OKOeS Chnh ab out hwood tamn y auhm - 4 in CWA , MC was he'roeMarc"Afl~to After

3.ad as S en t r nton ; hav-0 ing conris o u e A i t o uw s, e n certlin enas iesving he i erne R~ ea nf te t.' i me Uam .S .

i on u in PP shoul be m Iseana c w s also-ol his tam 515 o.fo Exed rof vr thest~ l at pntyter'elcin a t

thei firt im ortat deisio n d wat snh P kd iln o d- in a tep. Amm Jb ronion mad to th*aml

durng dvp yw 196aanon eral atoie.ho mdeubenth Mnacatdhat roaout f t F spc~fi gatheaded whic

tha thy wll asuedt -dr aTh e r so f th a u hse bw 5510000waor en by Maab- hi m , Valabed raiter. n o s e ,

chiron toht avingmi ash contriutd t tat hay Atorney'sio fO veifn Sf~ rv.Tefb~

an annua, Proiect of the Cu'v cSacramnn~to anc in Mar&. 19E:tise ress!a.. paid tribute tc tr&

Accori LnF to the document

poine $70ir'0OC was hrnekecint: ne abura Copat nincMatne. Mauh Corpotin oi

west of05C thnae or ewtor potc tcavepaign ssecuy missions."

.A tota Of S175,200.00 wILtrported to have been given to UC

U.S. politicians, a of whosedenied awarenesS Of contributjorn made by MaroS or hi!government. The Carter antReagan campaigns catgoicall)denied having receivec55O.0(00C eac& fromi Malabedalthough Amn reported haviN~wmved S32=0000 Of a sup#ped S50,00)0.0O contributionSome S506,683.00 representec

sprcrg by NMabunlay 0:

LSIC'- 12.S. law,.. it is lez tcorir. Uie $our= Of p-olucacontributions, It is also ilinal tofomvp corporations Or govormits to Contribute to any U.Spolitical campaign.

j.

%A WOK OF UMCH 26.APRL 1. IM

ATTACHMENTJ0

MABUHAY/MALABED BANK~ RECORDS RE PURCHASE OF KJAZ RADIO STATION

126

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BANK1111 VI "lot it)

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ATTACHMENT J

4

ATTACHMENT K1-n

MABUHAY/MALABED BANK RECORDS SHOWING PAYMENTS FOR

- POLITICAL CAMPAIGN CONTRIBUTIONS, "SPECIAL MISSIONS"

AND "SPECIAL SECURITY PROJECTS"

A. CAMPAIGN CONTRIBUTIONS

o B. SPECIAL MISSIONS AND SECURITY

0

co~

all~ u~dI~tl 9.

-' C vim .

NOV O1.Ouaw5tq b9L)' . 1

0 %%tC.I

W~N 141AN~

DIRECTOR .~h~~~3sC

I t~'Wow-.

I~~ ~ Alp.1001 I

D I REllrCT-ORS... 0.. 10.9 onsaft-

TWO0001l "4t0I'"~ io

0

ATTACHMENT K-A

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OVVI 1 li 10 JV. so .

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OW= ine s .o, .ij000 a. I8o6L

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p ATTACHMENT-K-A

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.C&1u3&?&4 o& ooi~ Ocsitlow.

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ATTACHMENT K-B

II

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mm

0

FEDERAL ELECTION COMMISSION

SELECTED LIST Of 'RECEIPTS 9 EXPENDITURES (6) (79-8(SECTION I INDIVIDUAL CONTRIBUJI('

CONTRIBUTOR/LENDER/TRANSFERRER STREET ADDRESS CITYREPORTING ENTITY

MICROFILM LOCATION TRANSACTION TYPE

MALABEDO PATRICE S MRS 145 MT SPRiMG AVECARTER/MONDALE PRE$IDENTIAL COMMITTEE INC

SOFEC/ii0/4720 1330764 CONTRIBUTION

MALACHUK, DANIEL AR 5313 GLENWOOD ROADCARTER/MONDALE PRESIDENTIAL COMMITTEE INC

SOFECI100/4398 8191103 CONTRIBUTION

MALAD, RICHARD MeBIRCH BAYN FOR SENATOR COMMITTEE

SOSEN/O1?/0022 #522811 CONTRIBUTIONNMAI'AFA, ROGER 4000 HUMPHREY..X.ITIZENS FOR LAROUCHE

8OFEC/105/1171 #175013 CONTRIBUTION

SAFISO GEORGE 1721 70TH STN~E1NEDY FOR PRE $ WENT COMMITTEE8OFEC/ 105/2190 #195866 CONTRIBUTION

NMALAKOFF M E P 0 BOX 1668,CAZEN F6R CONGRESS COMMITTEE

SOHSEII?6/1694 #337539 CONTRIBUTION

LAMENTo WILLIAM 410 GRANT' AVEC:CARTER/MONDALE PRESIDENTIAL COMMITTEE INC

SOFEC/l10/0209 #207520 CONTRIBUTION

'ALAMENTo WILLIAMWB8ILL BRADLEY FOR U.S. SENATE

B1SEN/002/0027 0665813 CONTRIBUTION

MALAMUD, H/FRIENDS OF LIZ HOLTZMAN INCCOUNCIL FOR A LIVABLE WORLD

SOFEC/152/3643 #307478 EARMARKED INTERMEDIARY OUT

MALANo FRED 2960 VAN BUREN AVECENTURY CLUB, THE (AKA ONE HUNDRED CLUB)

?9FEC/12615075 #011876 CONTRIBUTION

MALANAPHY V MR P0 BOX 619COMMITTdf FOR SENATOR GRIFFIN

79SEN/003/2013 0039732 CONTRIBUTION

KAL ANAPHYo VINCENT P0 BOX 619

*LEN FOR CONGRESS79NSE/169/3316 #129654 CONTRIBUTION

SAN FRANCISCO

BETHESDA

WHITE HOUSE

INDIANAPOLIS

DILLON HARDAMON & COHI

RICHFIELDI

UNEMPLOYED

BROOKLYN

SEL F-EMPLOYED

LAREDO

PHYS IC IAN

ORADELL

LINCOLN TICKET AGENCY

UNION CITY

LINlCOLN TICKET AGENCY

OGDEN

Owosso I

CHAIRMAN ANN HARBOR Ri

Owosso

ANN ARBOR RAILROAD

9

FEDERAL ELECTION COMMISSION

SELECTED LIST OF EIkIPTS 90EXPENDITURES ((,)SECTION I *INDIVIDUAL CONrA'

CON! RIBUTOR/LENDER/TRANSFERRERREPORTING ENTITY

MICROFILM LOCATION TRAI

CITYSTREET ADDRESS

NSACTION TYPE

MAKOVITZe BERNARD 480 CHAPEL COURTPEOPLE FOR JOHN HEINZ COMMITTEE

?9SEN/006/1648 #132670 CONTRIBUTION

MAKOWSKi, FRANK T/BIRCH SAYN FOR SENATOR COMMITTEECOUNCIL FOR A LIVABLE WORLD

SOFEC/52/3515 0283213 EARMARKED INTERMEDIARY OUT

MAKRIANES, JAMES K ARNATIONAL REPUBLICAN SENATORIAL COMMITTEE - CONTRIBUTIONS

BOSEN/O15/4096 054414.5 CONTRIBUTION

MAKRIANESo JUDITH E 60 E END AVANDERSON FOR PRESIDENT COMMITTEE

BOFEC/1O8/3945 #242612 CONTRIBUTION

MAKSIMo JOHN MRNATIONAL UNITY CAMPAIGN FOR JOHN ANDERSON

BOFEC/114/4309 #467437 CONTRIBUTION

MALABED, L MRS 3085 24TH STCARTER/MONDALE PRESIDENTIAL COMMITTEE INC

8OFEC/100/4398 #191100 CONTRIBUTION

MALABED,. LEONILO DR 3085 24THCARTER/MONDALE PRESIDENTIAL COMKITTEE INC

79FEC/100/2362 #048548 CONTRIBUTION

MALABED LEONILO L 145 MOUNTIAN SPRING AVE

CRANST6N FOR SENATE COMMITTEE8OSEN/OO5/2312 #318476 CONTRIBUTION

MALABED, LEONILO L DR 145 MOUNTAIN SPRINGCARTER/MONDALE PRESIDENTIAL COMMITTEE INC

79FEC/100/2709 0100734 CONTRIBUTION

MALABED, LEONILO L DRDNC SERVICES CORPORATION/DEMOCRATIC NATIONAL COMMITTEE

8OFEC/172/4224 #480526 CONTRIBUTION

MALABED,- LEONILO L MRS 145 MOUNTAIN SPRING AVECARTER/MONDALE PRE IDENTIAL COMMITTEE INC

79FEC/100/2?08 100731 CONTRIBUTION

MALABED, PATRICE S MRS 145 MT SPRINGS AVECARTER/MONDALE PRESIDENTIAL COMMITTEE INC

8OFEC/11O/4134 #302839 CONTRIBUTION

PITTSBURGH

MARKOVITZ & VITT

NEW YORK

BUSINESS COUNSUL

NEW YORK

HOUSE WIFE

ETIWANDA

SAN FRANCISCO

HOMEMAKER

SAN FRANCISCO

INMAN TI BATAC A

SAN FRANCISCO

PHYSICIAN

SAN FRANCISCO

ANNAC TI BATAC A

SAN FRANCISCO

PHYSIC IAN

SAN FRANCISCO

HOMEMAKER

SAN FRANCISCO

9

S

FtStSiAL ELECTION COMMISSION

SELECTED 0IST .Of a CEIPTS 9 EXPENDIIURES (0~''.ION I -INDIVIDUAL CONTRIBOl

CONTRIBUTOR/LENDER/TRANSFERRER STREEIAPRSREPORTING ENTITY

MICROFILM4 LOCATION TRANSACTION TYPEmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm............ mmmm-a wwmt m

JAY LYNDA AIKENS 92 SALMON $EACHBR6WN FOR PRESIDENT 01980 PCC)

SOFECII4.2 85? #156009 CONTRIBUTION

JAY RICHARD A MR SI,9OHI0 REPUBLICAN FINANCE COMMITTEEa ccutiqiL771 9289956 CONTRIBUTION

HOUSE WIFEAKRON

GOODYEAR T & R CO

JY VICN EMR618 SOUTH 19TH STREET ALINGTON

JAY. VINCENT ESMR -lf ~Ay~It (AKA REPUBLICAN NATIONAL FINANCE COMMITTEREPUBLICAN NATiONAL CUM11L - u

?9FEC/13?/3034 0123164 CONTRIBUTION

JAY, WEBB 10121

DONELON FOR CONGRESS CAMPAIGN C01MMITTEI8ONSE/1?4/30?

9 #334810 CONTRIBUTION

JAYAPATHY, B DR 9 soI

KENNEDY FOR PRESIDENT COMMITTEEBOFEC/03/500

3 #165002 CONTRIBUTION

IDLEWILD PLACE

iRIS CT

WLVtbL(IG

COSING NINE

PHYSIC IAN

MINOT

JAYAPATHY, B DR 9 SOURIS CT

KENNEDY FOR PRESIDENT COMMITTEE80FEC/106/3994 #203543 CONTRIBUTION

JAYAPATHYo B MD 123 2ND AVE SE

MCGOVERN CAMPAIGN COMMITTEEBOSEN/001/111

6 #230815 CONTRIBUTION

JAYCE, LAWRENCE 1746 MILLWOOD AVE

OBERSTAR FOR CONGRESS VOLUNTEER COMMITTEEBOMSE/i76/257

9 #308876 CONTRIBUTION

JAYKO, MARSHA B 28 BARKER ST APT F3

KENNEDY FOR PRESIDENT COMMITTEEBOFEC/1O?/29 %'i #234153 CONTRIBUTION

JAYME DEMETRIO MR i50 3;Nb AVE

CARTER/MONDALE PRESIDENTIAL COMMITTEE"NC

BOFEC/100/433?'#192194 CONTRIBUTION

JAYME DEMETRIOl S MR' 100 CALIFORNIA ST/STE 1060CARTER/MONDALE PRESIDENTIDL, COMMITTEE INC79FEC/100/?690 0099460 CONTRIBUTION

JAYME, JUSTINA R MRS 150 32NO AVE

CARTER/MONDALE PRESIDENT IAI. COMMITTEE INC8OFEC/100 /4337 #192193 CONTRIBUTION

PHYIC 1T

MHYIAN

ROSEVILLE

K R BOLIN AGENCY

M4T KISCO

TEACHER

SAN FRANCISCO

FILIPINO-AM CHAMBEF

SAN FRANCISCO

SELF-EMPL.OYED

SAN FRANCISCO

HOMEMAKER

6

C ITY

TALUMA

EATON AVE

KIVLK RIDGE

_ _ _ -----

1. Nof-- ago.

... ~.dh~i~iP~ ~ ~~- ~c -~~ .- - W~~

- I1 .-- z4---

- _ - -~-- -- ~- - - -

U __________.-

-

-~ ~ -- ----- -. - - --

* -I -

N4EW PHILIPP141E DEFENSE A017kcIE- A 'IS ASSIOIE U) --

- --

ONCLAS

-- ~.. - g.4%iKNJ A eir 168608o *lrlesso also# _ __

-#ran#.* hemg..l joy liar. bes Slag kulioeD in

teas i 'll 11411 sssJalagor tosdrnso t61asso 141119 Itmiele

ing visit to tise US. tr y to expeand tles between site

V h1.ppifle Essbassy and the US fDepartnset f fbi'-

fense, and uoitor anistiariecos Philippine ,4t

rsiding in tlhe US.

- (C/NOFORN) Philippine Army lbreg Gen' Angel -

Katiapi. defense atache-designate to the US. afriv

ed 4on station act I July. Ile will soons succeed CAPT

__Eriestc Af zaga as Massilas principal osuslitary vepr A6

~~C. ~~sernsative in Washi,'gicon. Kanlapi. SO. served withBRGGE

the Phuilippaie Civic Action' Group its Vi-issaiss io BRIGEENS Kl

0 ~ ~~1966. graduatet! from the US Army Command and DFNEA

General Staff College in 1971. and was Superin.

stt.1cist of lte Pthilepgoiner hilitary Academy (PNIA)

buita 19U7d saitil recy While at thr PNIA.

o Kanapi's leadersip castle unider some criticisin as a

result of a hlazilig incident in which dic cadet scoo of

another generral offlicer died. A

CC (C'NOJVRN) A new team o1 subordinates will

assist Kanapi in his dutie3 in the US. Thery itclude

CI)R DonbsisaK *Iucay. M). as assistaisit drivoisr Stitt

na8val alnachtr: Collstaoulry LIC Rosoiaut Xldehel Ia.

35. as grouned iuices att:.cbe Lt Cul Mhoth

Rosales. 37. as air attache; and LTC Narcisu

Abaya. 32. as assistant ground forces attaclse. Mkad-

dcla has been in Ilse US since November. and LTC MA

Rosales and Tucay 2 months or less. Abaya is ex RUD OCSA

pected to arrive sorn.

* (S/NFORN) The toew attache train was wleesrd

by Benjamin Romualdez. Ambassador-designate ficer. More striking than aheir proressi.'

and brother of First L~ady Irnelda Mdarcus. andi conl- tials ar asear oirs so President auad MrIs.

firmed by Armed Forces Chief of Staff Gen Fabsian, Gros Vet. All leave serveld in %he President

Ver. The attaches agapraf so bee -well-quatif irai: iter Cnuit'U~ssiet. a snliilary nigattizatioen that

are PNIA graduates and the fifth. Alsaya. is a West bit fur thr srrurity of shr F~irst Family a

Poisue. Maselrl il hihly trcuiatral tciuih5t o'- cr1118 was coiiinaitlerd by Gen Ver. In~

it n

nd I

SECRETATTACHMENT L

- - - - --_ -~ -. .. -yet

& (A AM Vol"

1 *6tI 0 * 4 o h o l.eIu wtu- - - . -*" o h . 4* . 4 1 4 41 's o es n I u . m . e a e C O M t o s

- -ir Wil '"' fsi "Wss 0it olory a9 oil.w I os$6.w %o i esI uy0

Ptl elwtawwv' a' s--n rercl),-0A~ ua. w: sig.uur~ uil. 1.' de **.J d. 6 l mueeltrone mnt~nolss

iF -U . &

SIF1

Kaap. addela. and Rosalesi hve inte hais ?gskrtla a ce 1fk6

piaii4 Mrs. acs oll frign visiss. At kars e Isi le ineII

p al s sches - Kanapi. Abaya. Madela "t1

: ,- w ~ e 61 a r c ofe a s t h e r i e lu a t i st o f V e r a V e r , his s te w a s s a c ls r i s i t

.. i FreAd5 imarcel. Kassalsi is also a anitbir of ShewUS sDevail~gtIw of

7ed 9S ;A- lga se ofl two riasss uist relied seU ~prs" i

q" by Marcos to execute andu admilster lmartial Phiulipines" has allwt

prw betweenl 1972 avih 19K 1. 1:1- Alsava ss mst sunsh e~liallctin W1101

it oe of hlarcos el eredal te graslst of 1 lst 14s Matilsa during 1ls64'

iwuer Senator. National Decfense Secrelty. &osd Mil1s.arasesiato Igtf

Vile Chief of Stall Eulogio 133la0. a key Marcos 193 asyia~s s

asoit since silt I V30b. usegotiations, is likely. T

jS NO*FOISN) I'his new groulp of military reore. is Inutitof Phiulippine..

vttWC5s is the mnost imprenive Manila has dlm, Givens the back~grotsi

patched to the US ins years. K~anajsi. for examptile. is Kosales, and Madilela

&h.rie first P'hilippine flag officer attache sent so interrogator of sob Amn

%Vashingtfl since Brig Ges Vir'ceflte Visgente de. bombings in Ma&ntif

parted in jtuwy 1966. Wil their rask asl ezprfi di~sillly reprt on.

trice. Kanap~i avict hisi sillinslhilir5C will ut"Il.sbit(dl Hsaiarcl 'hlilirolli

CDhold m ajorl oles it, tie bectirity a vd oilier sjicc ts f silid by rnult il luT

TRACKED MULTIPLE RtOCKET LAUNCI1LRS

NOTE)) IN BEIJING M1LITIARY RELGION (C;)

(~~1.q\:?I1I.NoC~l)Ira1 cked multl lr ic kel

lautichers (SIR L s) Issuutiedi oil a *FIst 63 0N1. 1967)

arlmored perl1itri cr' irr (APC) chassil; werec rcC*

el ly ulist.rVCe1l will as l usa'il' force mas-1t..Iry ilmiituis ill

1k; amfg hIiilasis ry IL .- ,sts' (MRIIL) [sr lis' %1tit"

were siglietl wilstie 11E, 359t Artillery llegit"Vill Ill

lUOCLASSIFIED

(LII TYPE 63 tm-196?)

MUL'TIPLE ItOCKE-T L.AurJc~ln

, visit so the US in S"cmer6. Of Wrater ilimrtace.Lomnualde: probsably wantsIlils a strong wrlsionsloils

r.ssslsassy n Vaslisg ansod

Ilefense. a reriati~nilsqtshetog languish in recent years.

141 sidssolsslly Ist' valusaleL latt'ral revisew of &hte 1947entl be.gintning in sumnmer

B1rig Gen Kanapi in theselIe new team is also expected

dissident activity in site LIS.

its of Lieustenan~t Colonels

- lise latter was a guard and

erica's involved in a series of

1980 - the attaches will un-

avid prissibly operate against.

e activists in thle US. (Clas-

cc&. r eview on 9 Jul U2~)

- - - -. -. -:the 79~l~ hs[ZsntTY J),viSil)fl. 27th ArmY. Ml ~

licbri. on 18 N1.1y. *lisis il e SCCU1141 Cli:iL tifli

* -~ S~loll

C

ATTACHMENT L

Mal.

w0

---- -ATTACHMENT M-

ID

7 1

FEDERAL ELECTION COMMISSIONWASHINGTON, D.C. X3

May 18, 1987

Michael E. Withey, EsquireSchroeter. Goldmark & Bender, P.S.540 Central BuildingThird and ColumbiaSeattle, WA 98104

Dear M9r. Withey:

10 This is to acknowledge receipt of your letter, which wereceived on May 11, 1987. YOL~r letter was not properly swornto.

0 'oL Must swear before a notary that the contents of Yourcomplaint are true to the best of your knowledge and the

-not ary must represent as part of the jurat that such swearinqoccurred. A statement by the notary that the complaint wassworn to and subscribed before her will be sutfficient. We

are sorr,,, -for, the inconvenience that these requirements may

Cause YOU, but we are not statutorily empowered to Proceedwith t%.he handling of a compliance action unless all theStatL~tOr" requirements are -fUl~illed. See 2 U.S.C. S 4--7q.

i +- VOt have any questions concerning this matter, PleaseDn-Ac t Fe tha Dx>son. Docket Chiefq at (20'e'2) b-1c

SincerelIy,

Lawrence M. NobleActinq General Counsel

Bly: George F. RishelActing Associate General Counsel

cc: To Respondents

FEDERAL ELECTION COMMISSIONWASHINGTON, D.C. 20463

fty 18 , 1987

Dr. Leonilc Malabed145 Mountain Spring AvenueSani Francisco. CA 94114

Dear Mr. Malabed:

On May 11, 1987, the Fei,etter alleging9 that you vi~ti.-n Campaign Act of 1971, a'

?V copy of the enclosed lettera "Ieqations do not meet certaproper filing of a complaint.trnis matter unless the all

- requirements for a properly

o -e-fiied, Vou will be notified

Th 1 = mat ter will remain confride'~rthe :orrection of the defects.

P- m.d the ailePqatiOfls are not reiiled,

AVN .- '. be 0 ro e sa the file closed.

ier'al Election Commission received a

2lated sections of the Federal Elec-

Samended. As indicated from the

addressed to the complainant, th~ose

in specified requirements for the

Thus,, no action will be taken on

egations are refiled meeting the

filed complaint. If the matter is

at that time.

tial -For 15 days to allowIf the defects are not cur-edno addit-Lonal notificatior

If /iou have ary questions, please do not hesitate to call me

;t~- 62v2: :- 82 C0.

Si1ncerel I y

L-4R8V -!IC !-I INQb e,Actirq General Counsel

E 'v: Georqe !:. R:shel

Enc 1 osuresCOP VC+ COMPl1-i--tCopv of Letter to Complainant

FEDERAL ELECTION COMMISSIONWASHINGTON. D.C. 2043

mr. Ferdinand Marcos.... 7 Makiki HeiqhtsHonolulu, HI 96622

Dear Mr. Marcos:

On Mav 11, 1987, the Fec

etter allegins that you viC

*,:on Campaign Act of 1971, ai

::ZPV of the enclosed letter

-al legationls do not meet certa:Proper filing of a complaint.

0 ttlis matter Unless the all--eqU iremen ts for a mroperly

s-o re~qYOU Will be notified

may 18, 1987

ieral Election Commission received a

olated sections Of the Federal Elec-

s amended. As indicated from the

addressed to the complainantq those

in specified requirements for the

ThUS, no action will be taken onA:?ations are refiled meeting the

filed complaint. If the matter isIat that time.

This~ matter will'ot the correction of

Sthe allegations atIbe pr'o'-1%ided a.nd

0- IfYOU have anyc

- 2) 7 6 -8C.

remai-Jn con-f iden t ial.for 15 days to al lowthe de- ects. If the defects are not cured

re not reiile--dq no additional notiiication

qU(t.?StiOnS- P-niease ac not hesitate to :llme

v G': t:crqe F. Fishelr - Sd3C I Ete:rr~ )

E n c: 4 0S Ure sC opy of ComplaintCopy of Letter to Complainant

FEDERAL ELECTION COMMISSIONWASHINGTON, D.C. 2043

May 18, 1987

General Fabian Verc/o Ferdinand Marcos2337 Makiki HeightsHonolulu, HI 96822

Dear General Ver:

On May 11. 1987, the Federal Election Commission received a

letter allegingc that you violated sections of the Federal Elec-

tion Campaign Act of 1971. as amended. As indicated from the

COPY of the enclosed letter addressed to the complainant, those

allegations do not meet certain specified requirements for the

cropet- filinq of a complaint. Thus, no action will be taken on

this matter Unless the allegations are refiled meetinq; the

reqU iremen ts for a pr'operly filed complaint. I+ the matter is

o refiled, you will be notified at that time.

- This matter will remain confidential for 15 days to allow

t: the correction of the defects. If the defectls are not cured

and the alleqations are not ,efiled. no additional notification

C)l-_1 be rz-o-vided and the +-.le Closed.

>YOU have any qUesticons. Please do not hesitate to call me

ince r ely,

Acting General Counsel

%'V (3eoe-qs F. RisheI

Enc los.-uresCopy o+ ComplaintCopy of Letter to Complainant

CROIL ANDERSONWILLIAM S. MILEYDEAN BENDERC. STEVEN FURYJAMES D. HAlLEYKRISTIN HOUSERYVONNE HUGGINS-MLf.ANMATTHEW G. KNOll'1. KATHLEEN LEARNEDDOUGLAS D. McRROOMROBERT E. McCLUSKEYJUDY 1. MASSONGKIRK I. MORTENSEN

LAW OFICI

SCH ROETER, GOLDMARIK& BENDER, P~s.so0 CESMAL. rVJUM

THIRD& OOWNMSEATTLE, WASHINGTM 9"104

(206) 622-85

1140M VHMM (11I P3W479-IVI1

May 28, 1987

Lawrence M. NobleActing General CouncilFederal Election commissionWashington, D.C. 20463

Dear Mr. Noble:

QC C - 3,5o-U."NWIU A9: 29

VIRGINIA MI. RDBISII8WILLIAM RUTEICKLEONASI) W, SCHE)ETruSIDNEY snILLEMAN SWANRIL W WHELANMICHAXI, WIEY

1OHN (JOLDMARJ((1917- WM7

Of CitunedDAVID Tb4NELSKIPAUL O'NEIL

C-v- ;'

z0

Re: Federal Election Commission Complaint

As per your letter of May 18, 1987, requesting my notarizedsignature affirming the truth of the complaint filed bymyself against Ferdinand E. Marcos, Dr. Leonilo Malabed, andGeneral Fabian Ver, I hereby state as follows:

MICHAEL E. WITHEY, being first duly sworn upon oath,deposes and says:

I am the complainant and swear that the contents of theFederal Election Commission Complaint previously filed istrue and accurate to the best of my knowledge.

MICHAEL E. WITHEY/

SU4 CRI BED AND SWORN To before me this1987.

day of

tK~Qi(XA

NOTARY PUBLIC in and forthe State of Washington,residing at&Ze4'-,. Mycommission exire s

Lawrence K. NobleMay 28, 1987Page Two

According to Docket Chief Retha Dixson, whom I spoke withyesterday, this letter will suffice to establish the neces-sary notarization of the FEC complaint previously filed.

Sincerely yours,

MICHAEL E. WITH4YComplainant

MEW/mkth

0.

FEDERAL ELECTION COMMISSIONWASHINGTON. D.C. 20*63

June 8, 1987

Sen.2701Long

Fabian VerEucalyptusB~each, CA~

Avenue9~0806

RE: MU P .2 4 ".:_Gen. Fabi1an Ve r

Dear Gen. Ver:

The Federal Election Commission rsceiv-,-:d a complaint wjhicY1alleces that you may have violated -the Fed,-tral E-Eection Campz_-.17n

Act 0- 971, as amended (the "Act"). A copy o+ the complaintl-e nlC I )d. We !hive numbered th,,- xiattert 224!'i::. Ple-seto tht5-7 ilUrnber in all future crr-,-spondence.

Un de*r tIheP ,, ot~ vou h a ve t h e -Dr or7io rwt I 'z t h t ro 0 c: t ior Sh OUId j-,e t a'

M .-At t (T-, -l8 5 Li~l.t Anv .cu!:ol iove are relevant to the hmj-W -1 er e -: £P'P t.3t.0 rra st a t -m ert n -1 L's S'U.t'u E-;~l which eSho11-~d tic 4ddr f

e]ffj~ mrU St '-eL ab mi tt-ecd -wIi hn IC~ ~~~~~~ 1 F-1r s e- I. qejors t" S ~Ce a.' 4

t h; mE, :..E -tt e .- I:o , r. _ j

4f cm rii i on w r it i ncl t -:

;Ijl;c T; 4- 0U intend to'T.; i, - lease aC. ise ithe Uom i

o n 1 in 9 he narne, -=adc (unselI and aUthori: iq uctions and other communications

scr tie

t 1 d o n st r ntn 0U I

sf nI

t h~--

12'35 q .3r c-l ~:r2 i e .brL

f romtr t he ~ormii.:o~

Ce 4 aoy h

if you'havp any cquestionsq please contact w~i icoy h

atto-rney, %Sirwed-,t this matter, at (202) 376-920C). For yourinformation,q w#, have attached a brief de.cr'lption of the

Commission's procedures +or handling complaints.

Sincerely,

Lawrence M. Noble~

Actinq General Counsel

By: G~eorge F.RshelA~cting Associate 63eneral Counsel

Enclosures1. Complaint2.Procedures

Designation of C--urj,:;el 3ttmn

0

0

FEDERAL ELECTION COMMISSIONWASHIWNGTON, D.C. "03

June Be 1987

Gen. Fabian Ver94-1069 Kahuamok~uWaipahu, HI 96797

RE: MUR '.245._:Gen. Fabian Ve r

Dear Gen. Ver:

The Federal Election Commission received a complaint whichalleqes that you may have violated the Federal Election CampaignA~ct o+ 1971. as amended*(the "Act"). A copy of -the complaint ienc losel. We have numbered this matI.ter 1UR 24577. Please -(7=-er

to this nL~mber in all fUtUre corres'pondence.

'Under the At_1. you h.--ve the d er'ur -i tn dmn st r.:- tAwr i~ that no action should h e t. a .: c7,i;~ n

(n a-1 1e. Pleass subm,.b any faCtual cmr leqp.± T.-.t- rizils whicht~ se e a e r-elIevar - n t t c t he Ckom m i sc)r Is + t~ h± t~ ti s4

e hcr e P'rro Pr ia t e statements Ihoud b umttdUndet-'whic r eics,~jbshould be tdrEs~ t 1 te C3e! - -z ICU C] E n: I

0 + +ic e. MuLst be submitted within s ~ diy t e ~ ~ ~I tt er iT Zo icn rE. re cc s.?tt r

+ - v cin b'e r " - -- -.- .

S_ r_ ~ri t in q to.a t -t. t

i:1: 1± ..JU int end to C, e C- re t i C Z r

Mtt er. P I Eae a d-v ne te um U11 r-, b co r p, It I n trm stat inq the name, a d dr- e SS a n teJ po Qm I I.-~" L an d a Ut ho r :.z ir aC-_U11 E 1uc c1u10e to re -T i. Ve .- v nro0t I~t :_k; 3d other- commun icatioans -frcv' he (cm~so,

If you have any questions, please contact C~i JaC-oby, th-s

attorney aosigned to this matter, at (202.) "76-32)(1. For YOUPri nf orma t ion,, we have attached a brief d *st::.- t i in o-f

Commission's procedu~res for handling comp1laiflti-

Sincerel1y,

Lavirence M. tNob1l

B~y.. Beerge F. : IAc ti±nq ~3rci ~r~1CQUnsei

Encl1osures

PA "r'ocedUt-e=

-Desi. ;nt c f: C"uiEe o n cv 4

0

0

FEDERAL ELECTION COMMISSIONWASHINGTON, D.C. 20463

Jum 8, 1987

Mr. Ferdinand Marcos2337 Makiki HeightsHonolutlu, HI 96622

RE: MUR 2453Ferdinand Marc os

Dear Mr. Marcos:

1%.rThe Federal Election Comm'ission receivedV* alleges that YOU may have violated the Federa

Act of 1971, as amended (the.- "Act"). A copy- enclosed. We have nUmbered this wtatter MUR2

to this number in all +Uture c:orrE:sponjdence.0

-Under the A~ct, You nave *tme olpport-lrtn~rL ' tha t n o aL.c t: s hor-uld ? -Mat ter. P Iea~i _ Ubm It ar +ac -1u:!. or I ( ;,:b P Ii ev e a r e e -/a n+ tc t h C:- r~m n i SicD 1- -oD 1-1 ~e app rop r i ate, st 1teme-nts nou d I

t-r esrponse. 'l,~ hso be *~def-I ice i mtt 4-t!e bu (n ite.d w it h i1 n 15 ;7--t ter. Ifno response ~s r'ecs D~r 1" than:

~~ ~ ~ .1 t.~t 03~o t._

a compI Electof the4 -:5..

laint vwh ichion Campaiqncomplaint isPlease refer

mT,-4+rialds wha'n

ni,

e,: n '1 t

(Tc'B e h

77, .T-; fg* 11 -af~Vr ~r14 d nh-.S f7~()(: B n

!:- .~ -r, n w r it rq t h--A t U 11 t Le. ..Pun- '0 .U i;Lt t.0en d t c so- - - U 7''1.r' t-;

r"t ~r~ ease EAdV ise the c.mm IT,-~ pcmk' qf 0rMs t An 9 the name, a-d d esa n df' t-eI'e ,:nr7 TZ 0LIM~ SE1 and author-i inq'-: such '! C j U If rttrn- --:nd other commuications ± rnr 'the m~

If you have any questions, please contact Colia JAcoby, theattor'ney asutgned tO this matter, at (202) 376-e,,00. F-or yourinformation, w0 have attached a brief desc r -p t ion o)f h

Commission's procedures +or handling complaints.

Si ncerely,

Lzwrence M. Noble

Z; te e. e-ea Cora1Cone

En~ 1 c res

COP2. ir

0

PItDERAL -ELECTION COMMISSIONWASHINGTON, D.C. 20463

June 8, 1987

Dr. Leonilo Malabed145 MouhtainSpring AvenueSan Francisco., CA 94114

RE: M UFR 2.)45 3

Dr. Leonilo Malabed

Dear Dr. Malabed:

cc The Federal Election Commission received a complaint whichalleges that you may have violated the Federal Election Campaiqn

01, ct of 1971, as amended (the "Act"). A~ copy of the complaint isenclosed. We have numbered this matter MUJF 4245.'. Please re~er

- to this nUlmber in ztll tUtLire- carrespondence.

0Under the Act, VOLL have the OPPOrttn - cv to demonstrate Iw r 1t irn' t ha:kt no aC t i n s h ctt l z71aj -t: S ant 'v'0U i n t 1'

m att e r. z 'L& e -; f~v ~u r, ai kn Y A fc t ua .L r I n t- rna tet- .ls w ch-elieve 5 r o! 7-v'rt +.. 'hie E--nni n . -iA~ ;E.. j~ 0 1't , 7

W~ ~e r ira ate s c.t 5t e men t s- 1- o.ti e:d tb rn i un e r,Kjtrr~pt ~w~hich, shoJuld be addres-le X.r

0 -f a:eq -ES w t e. td w i ~, i~ r- t1~~tter.~ 1+ r~Fnc srE 'CJ±.

I cet r v 4S2 z: S eao 1-- f-1 Fr f -

t "I;L ine n o a :-s ~ er j:

CA~ 4- Cn (7 h nui .1 ad r c I n L7:w-'

ra~. nd o1therq the nae. d d ess a ±rC tre thE Cc,7~: .

If you havo any questions, pleasRe Contact Celia Jacoby. theattornewy asst~qnedto this matter. at (202) 376-920(). Fryu

in-Formation, we have attached a brief description o+ theCommission's procedures for handling complaints.

Si±ncerel1>,

Law'rence M. IIoble

" Ati enerzal Counsel

By: G e' F. s h ch 11Ac t .ni .c3(s(3atEeneral C0LLs-el

E nc IOS L teS1. (C1omplaint

0". 2. FP-ocdreDesiqnadr O-f au~e 't emE riert

FEDERAL ELECTION COMMISSIONWASHINGTODN. D.C. 2W43

June 8, 1987

Michael E. Withey, EsquireSchroeter, Goidmark & Bender, P.S.540 Central BuildingThird & ColumbiaSeattle, WA 98104

RE: MUR "457

Dear Mr. Withey:

0 ~This letter acknowledges receipt Cf you0Lr complainlt, received0 on June 1, 1987. alleging Possible violations of the Federal

o Election Campaign Act of 1971, as amended -the "Act"), by v )r.Leonilo Malabed, Mr. Ferdinand Mar,,.os, arnd Gen. Fabian Yer. Therespondents will be notified of this complaint within +ive ca-v-.

o W wi 11 be notified as soon CRS the Elect ~~rion;Commi~ssor take-: +-,:kl action on 'VCr U :r t'.L(I - hcul c;

rciean--, *dlitional iniformation in this-:- tew I - rZ r ceSe tu 0 wV 7

i cthe 0t{ ice o+ tne General -'CoUn=.e1 M. i. P~'

be sw, rn to tn he same mi--nner as t he o r- i n a1 I CDTm..

ov ~e riLt mb er zd 'this matter NtJR 245-- P1 e a C tr2eiIn r-lIF ~t Ur co0rresP o nd e nce. For v~ri-c'no

-t ; I e0iRt br ie+ description of th E C crn.r- lir

o hand 1 1 Cori1ints. I you h a ve .~ r -,t-stor05D cn*fo~etC~ ea w.

S y G ue cr qe F.

Eo finn Io .i s~: u~lK~. r e s-

irro c e d Ute S

RECEIVED M' '!HE FEC"

81JUt Al:M

145 Mt. Spring AvenueSan Francisco, Ca. 94114June 16, 1987

Mr. George F. Rishel f;__rActing Associate General CounselIFor: 5 -

Lawrence M. NobleActing General Counsel

RE: MUR 2453

Dear Honorable Counsel:

I received your latest letter dated June 8, 1987.

You mentioned that a complaint which alleges thatI may have violated the Federal Election Campaign Act of1971 was received, and a copy of the complaint was enclosed.

o The Commission should take no action against me because,the complainant failed to submit any proof to back up his

('P allegations.

O I have previously written to the Commission that the- political contributions I made during the period in question

were my personal funds. The claimant failed to prove withdocuments that the large contributions mentioned were actuallymade.

I pray that the case remains closed.

*eANDURSoN, HIDEY, NAUHEm & BLAER87 JON29 P:

1708 Naw HAMPSHIRE AEim uz, N. W.

WASHiNGTox, D. C. 80009

(so0l) 463-1900

A PAVMIIU3UP OF PUOFZSSIORAL CONVORATIORS AU NIUATTO32t3T DImUCT DIAL MN3 TILNCOPIXU: Cm) 4S0-7dee

June 29, 1987

Celia Jacoby, Esq.Federal Election CommtissionWashington, D.C. 20463

Re: ISUR 2453

Dear Ms. Jacoby:

Further to our telephone conversation last week, we, ascounsel to and on behalf of Ferdinand E. Marcos, hereby requesta twenty (20)-day extension in which to file a response to theCommission's letter dated June 8, 1987. As I told you, theCommission's letter was received on or about June 16, 1987.

o Please advise as soon as possible whether this requesthas been granted.

o Thank you.

S cerely yus

oim -7TimotyBoas

CM

FEDERAL ELECTION COMMISSIONWASHINGTON, D.C. 20463

Date July 1, 1987

MEM11ORANDUM

Associate-General Counsel

Celia Jacoby

Extension of time - MUR 2453.

Respondents: FPerdinaid* E. Marcos--Dr. - eonlo MalabedGenerol Fabian Var

Original Due Date: July 1, 1907

Extended Due Date: July 21, 1987

Number of Days Extended: 20

cc: The FileR. Lee Andersen

TO:

FROM:

SUBJECT:

0)1

0)

C!)

0I

0C

* *kA

FEDERAL ELECTION COMMISSIONWASHINGTON, D.C. 2003

July 1, 1987

COUFIDZPT!AL

Timothy Broas, EsquireAnderson, Hibey, Waubeim & Blair1708 New Hampshire Avenue, W..Washington, D.C. 20009

RE: MUR 2453Ferdinand E. Marcos

0 Dear Mr. Broas:

This is in response to your letter dated June 29, 1987,which we received on June 29, 1987, requesting an extension of 20

O days to respond to the complaint in the above referenced matter.After considering the circumstances presented in your letter, Ihave granted the requested extension. Accordingly, your responseis due by close of business on July 21, 1987.

0 If you have any questions, please contact Celia Jacoby, theattorney assigned to this matter at (202) 376-8200.

Sincerely,

Cr Lawrence M. NobleActing General Counsel

cc

By: L s LiAssociate General Counsel

ANDERSON, Tis, NXuzM & BLAIR1706 Nzw Ummvuum *Yuwru, N. W.

WAsuwoxoi, D. C. 20009

(303) 40-1S00

TZLUZ: 0ses"A PARTNERSHIP OF PUOM~SIONL COUPOW"IONS ARM1 URATTOR2ICTIS DIRECT DIAL XUMDE TELBCOPIebfOS) 460-7466

July 21, 1998

Lawrence M. Noble, Esq.Lois G. Lerner, Esq.Celia Jacoby, Esq.Federal Election commissionWashington, D.C. 20463

RE: MUR 2453-Ferdinand E. Marcos

Dear Sir and Madams:

This letter constitutes the response of our client,Ferdinand E. Marcos, to the complaint in the above-captionedmatter. To the extent the statements made herein rely upon

o factual support as opposed to legal argument, they are based ondiscussions with Ferdinand Marcos and as to each he would, if

- called to testify, swear under oath the truth of each. For thefollowing reasons, Ferdinand E. Marcos respectfully urges that nofurther action be taken with regard to the matter under

0 consideration.

17 First, the evidence submitted by the complainant does notsupport the allegation that Mr. Marcos either personally

C contributed to the subject political campaigns or that heCID contributed in the name of another. On this point alone, this

complaint is no different than the complaint filed last year,0C which the Commission ultimately declined to pursue.

Secondly, even if the alleged contributions were made to thesubject political candidates or campaigns while he was Presidentof the Republic of the Philippines, Ferdinand E. Marcos did notknowingly or willfully make such contributions. Thus, thecritical element of a violation under 2 U.S.C. § 437d(l) (A) isabsent.

00MIDERtsox, Hinny, VNAuHIini & BLAIR

A PARTNERSHIIP OF PROFESSIONAL CORPORATIONS

July 21, 1987Page 2

Finally, even if there was adequate proof of a violation andthe contribution had been made knowingly and willfully, an actionnevertheless would be time-barred inasmuch as the purportedcontributions were made more than three years ago. 2 U.S.C.455.

For the foregoing reasons, Ferdinand E. Marcos respectfullyrequests that the Commission take no further action with regardto MUR 2453.

Very truly yours,

0 ANDERSON, HIBEY, NAUHEIM& BLAIR

1708 New Hampshire A e, N.W.Washington, D.C. 20009(202) 483-1900

Attorneys for Ferdinand E. Marcos

ANDERSox, HKR3y, N~unix BLAIR1706 Nxw £Ammmsuu Avmrus, N. W.

WAufzirTow, D. C. 90009

(102) 488-1900TELEX: SSMM

A PAMRTNEUIIP OF PROFESSIONA6L CORPORATIONS An&ATTORN1ETIS DIRCT DIAL NUMBERTMCOIS 4-4

July 27, 1998

Celia Jacoby, Esq.Federal Election Commission999 E Street, N.W.Washington, D.C. 20463

RE: MUR 2453-Ferdinand E. Marcos

Dear Ms. Jacoby:

This letter replaces and supersedes the previous letterdated July 21, 1987, and constitutes the response of Ferdinand E.

0 Marcos to the Commission's June 8 letter and the charges in theattached complaint. To the extent the statements made herein

- rely upon factual support as opposed to legal argument, they arebased on discussions with Ferdinand Marcos and as to each hewould, if called to testify, swear under oath the truth of each.For the following reasons, Ferdinand E. Marcos respectfully urgesthat no further action be taken with regard to the matter underconsideration.

o First, the evidence submitted by the complainant does notsupport the allegations that Mr. Marcos either personallycontributed to the subject political campaigns or that hecontributed in the name of another. On this point alone, thiscomplaint is no different than the complaint filed last year,which the Commission ultimately declined to pursue.

Secondly, even if the alleged contributions were made to thesubject political candidates or campaigns while he was Presidentof the Republic of the Philippines, Ferdinand E. Marcos did notknowingly or willfully make such contributions. Thus, thecritical element of a violation under 2 U.S.C. §§437g(a) (5) (B)and (C), §437g(a) (6) (C) and §§437g(d) (1) (A), (B) and (C) isabsent.

AxDzIMON, HIDBEY, NAUHRIM & BLAIRA PARTNERSHIIP OF PRIOFE.SSIONAL. CORP'ORATIONS

July 27, 1987Page 2

To the extent the Commission might investigate potentialviolations carrying penalties that do not require a showing ofknowledge and willfullness, Ferdinand E. Marcos denies that hepersonally made or caused to be made any of the allegedcontributions. If any such contributions were made by thegovernment of the Republic of the Philippines, then thiscomplaint properly should be brought against that entity.

Finally, even if there was adequate proof of a violation andthe contribution had been made knowingly and willfully, an actionnevertheless would be time-barred inasmuch as the purportedcontributions were made more than three years ago. 2 U.S.C.455. To the extent the three year limitations period does notapply to civil actions, such an action would nevertheless bebarred by the equitable doctrine of laches.

For the foregoing reasons, Ferdinand E. Marcos respectfullyo requests that the Commission take no further action with regard

to MTJR 2453.

Very truly yours,

ANDERSON,, HIBEY, NAUHEIM & BLAIR

Washington, D.C. 1009(202) 483-1900

Attorneys for Ferdinand E. Marcos

(C CL./OSJuly 17, 1987

HooraleDon 71ads-Chiairman rS comiteean Civil and

Constitutional Rights VComiteeon the Judiciary

House of Representatives LIM riWashington, D. C. 20515 .- ,C

Dear Mr. Chairman:

This letter is to provide additional information inconcion with your February 19th inquiry on behalf of Michael E.

Witheyr Esq., and my June 2nd response.

Mr. Withey expresses concern that a secret intelligence slushfund controlled by a close associate of Ferdinand Marcos paid for the

murersOf Silae G.Dmig and Gene A. Viernes. Copies of thematerial he furnished have previously been brought to our attention,and that information was provided to our Seattle office for review todetermine if additional investigation was warranted. In addition,other allegations bearing upon possible violations of Federa]. criminal

o law were furnished to our San Francisco Office.An investigation by the Seattle Police Department and our

Seattle Office resulted in the locallprosecution and coniction ofo Jimmy Bulosan Ramil and P oo enit'o Guloy in 1981 for the firstdegree murders of Messrs. Dmngo and Viernes. In addition,. FortunatoDictado was convicted of conspiracy of the murders in 1982. Evidencedeveloped during the investigation and during the trials indicates thatN the murders were committed as a result of disagreements within the

0 Cannery Workers Local 37 of the International Longshoremen ando Warehousemen's Union in which Messrs. Domingo and Viernes were17 officers. No evidence was developed during the investigation or thetrial that would substantiate the claim by Mr. Withey, who represents

the estates of Messrs. Domingo and Viernes, that former PhilippinesPresident Ferdinand Marcos had any involvement in the murders.

The documentation provided by Mr. Withey was presentedcc to the United States Attorney's Office at Seattle with a response

that there did not appear to be any violations in that jurisdictionsuitable for prosecution concerning the murders at this time. Althoughno further investigation is being conducted by the FBI at this time,

Nonrable DonEdas

uold additoa ifraion develop concerning the mrders for whichthe FBI has Jurisdiction, we will again address this matter. inaddition,, the United States Attorne's Office at Settle has advisedthat Mr. Withey's ifraion is bing forwarded to the KnowtDistrict Attorney's Office for reviewcnenn oa uidcin

In addition, alleain furnished by ar. withey werediscussed with representatie of the United States Attorney's office,.Northerm District of California,, who declind rosecution within theirarea of Jurisdiction unless new or additional iformation is received.During, the course of =ur inquiry, it was determined that the FederalElection Commission, which has priMary Jurisdiction over illegalQ]campaign contributions involving foreign nationl had reviewred thematter with a decision not to pursue an investi atsion.

sincerely yours,

Acting DirectorCV

0

FN

MEN OR AND U-

INTRODUCTION

This memorandum summarizes evidence of a secret intel-

lgence slash fund created in the United States by Ferdinand

Marcos and his chief of staff General Fabian Ver. Narcos'

childhood friend and long-time crony# Dr. Leonilo Nalabed

of

San Francisco, controlled the fund and used it to

extend

Marcos's political influence and propaganda presence. It

was

also used to conduct covert intelligence operations against

4'7 the anti-Narcos opposition movement in the United States in

N the late 1970s and early 1980s. Documents which have been

o authenticated in federal court point to strong circumstan-

tial evidence that this slush fund was used to pay for the

o June 1981 Seattle murders of anti-Karcos union officials

cc Gene Viernes and Silme Domingo. The use of foreign funds

to

'ppromote the Marcos regime, purchase

propaganda vehicles,

contribute to local, state and Cederal candidates, and

violate the civil and constitutional rights of American

citizens is against the law. A full, impartial and vigorous

investigation of this evidence is called for. Such criminal

charges, as are warranted by the evidence obtained,

should

( ~ be brought. Marcos* continued activities, now carried out

in this countrftrestab):sh that the evidence summarized

here

1

a(s o of mere historical Interest. Direct and' -decisive

action is needed,

BACKGROUND

The new government in the Philippines under President

Corazon Aquino has undertaken extraordinary efforts to

retrieve the vast wealth illegally accumulated and invested

abroad by deposed president Marcos and his vife Imelda.

Considerable attention has focussed on secret Swiss and

American bank accounts, shadowy middlemen and surrogate real

estate purchasers. A federal grand jury in Alexandria,

Virginia, has subpoenaed Marcos and his former chief of

staff and intelligence head, General Fabian Ver, Ver has

also been linked to the Iranscam/Contragate investigation as

having signed for the receipt of an arms shipment whose real

o destination was Iran.

Shortly after Marcos fled to Hawaii# the U.S. Customs

Service seized a number of important documents from Marcos,

Cr which detail past expenditures and financial transactions in

VP the United States. of particular political interest was an

explosive document, the M~abuhay Corporation Statement of

Expenses.0 (Attachment A) . This document itemizes the

expenditure of over $750,000 from the Philippines National

Dank, under the authority of General Ver. It was spent on

the attempted purchase of a Day Area radio station, politi-

cal campaign contributions to candidates in California and

( national elections, identifiLed 'special missions' and the

most sinister -- 6special security proj~cts.O

The release of thin documient created a public stir but

has since been largely forgotten, The Federal Blection

Commission started an investigation, and based on the docu-

ment alone, even without the corroborative evidence provided

herewith, its General Counsel recommended that the Commis-

sian find reason to believe that Marcos and Dr. Leonilo

Malabed violated federal election laws. (See Attachment B.)

The president of the now-def unct Mabuhay Corporation

(~4 was Dr. Leonilo Nalabed, a San Francisco physician. Dr.

C3( Nalabed, while publicly denying any wrongdoing, has repeat-

edly asserted the Fifth Amendment privilege against self-

N incrimination, both in hearings of the California State

o Legislative Committee on Real Estate Practices and in

private depositions.

Kalabed was questioned under oath, and his financial

cc records were subpoenaed in the federal civil rights lawsuit,

Estates of -Domingo and Viernes v. Republic of the Phil-

pines, No. C-82-1055V (Western District of Washington).

His deposition was taken May 15 and October 24, 1986.

This case alleges that two anti-Narcos leaders of the

Seattle-based Local 37 -- ILWU (Cannery Workers) were

murdered on June 1, 1981, upon the orders of Marcos and Ver.

( Viernes had traveled to the Philippines in March and April

I %

of 1981 and had met with top leadership in the anti-Marco.

trade union movement, as veil as with student and peasant

groups. Be was surveilled by Marcos agents. Vienes joined

forces with Domingo as a delegate to the 1981 convention of

the ILNU, and they engineered the passage of a hotly con-

tested resolution critical of the Marcos regime's treatment

of Filipino workers and authorizing an Investigative team to

look into conditions there. opposition to the resolution

was organized by the local Philippine Consul General. A

V month later# the two men were gunned down in their union

hall.

C( Three hitmen have been convicted in local courts; also

implicated, but never charged, is Tony Baruso, former Local

37 president and a close ally of Marcos. According to sworn

o testimony in the hitmen trial,, Baruso's .45 Nac-lO

*execution piece' was the murder weapon; he promised to pay

C $5,000 for the murders; and he met with hitman/gangleader \

Tony Dictado two days before the murders.

Armed-w~ith subpoena power, attorneys for the slain

men's estates have investigated the use of Dr. Nalabed's

Mabuhay Corporation to pay Baruso, for the Seattle murders.

They have uncovered documentation that confirms the authen-

ticity of the Mabuhay statement of expenses and implicates

Malabed in a variety of illegal activities, Not the least

( of these activities is the expenditure of $1S,'oo0 on may

17, 1981,o just two woeks before the Damingo/viernes murders.

The rest of this memorandum summarizes this evidence

and the federal criminal statutes believed to be violated*

I9 THE EVIDENCE AGAINST-DR. NALABED

The Iabuhay Corporation Statement of Ixpenses speaks

for itself. Corroborative evidence, sumarized here, proves

that it is exactly what it appears to be. Federal court

Judge William Orrick (Northern District of California)

stated in open court that the document is authentic for the

purposes of his ruling on Dr. Malabed's assertion of the

CV Fifth Amendment. Judge Orrick relied in part upon the

C(* declaration of Bonifaclo Gillego, then a leading officer

with the Philippine Presidential Commission on Good Govern-

ment. The Gillego declaration explains various notations on

the document and, based on his CIA training and service in

cm the Philippine intelligence agencies, concludes that the

co ~Kabuhay Corporation was used as a 'cover* and a conduit for

Marcos' intelligence operations in the U.S. (See Attachment

C.)

The Mabuhay Corporation was incorporated in California

in 1978 by Dr. Malabed as its president. other officers

included Demetrio, Jayme, Zoilo Inacay, Al Bitanga, and Romeo

Esperanzae all Bay Area residents and friends of Dr. Nala-

bed. (See Attachment D.) The Corporation maintained

( numerous bank accounts, including at the Philippine Bank of

California, now the Century Sank, 455 Montgomery.Street, San

Francisco. Dr. Nalabied was the sole signatory. The f irst

account was opened July 7, 1977. (See Attachment 3). Other

bank accounts undoubtedly exist, but Dr. Malabed has

asserted the Fifth Amendment as to their locations.

The Philippine Dank of California was Itself incorpor-

ated on' March 7,o 19717, by f ive Philippine government agen-

cies. Its board of directors Included former Philippine

defense minister Juan Ponce Enrile, Dr. Malabed, and other

Mabuhay incorporators, Placido Mapa# president of the

Philippine National Bank, was also on the board. (See

Attachment F).1

A. The Source Of The Funds

N The note at the bottom of the Statement of Expenses is

o without question Dr. Malabed's handwriting.2 The note

1Another document seized from Marcos bears Napa's signa-C ture and is a memorandum to Marcos indicating over $9

or~ million in U.S. currency will be placed in the 'Philip-pine intelligence fund' out of OPNB prof its." (SeeAttachment G.)

2 Dr. Malabed's initial press interviews quote him assaying 'Who signed it? if It is not signed, let ustreat it as a useless document. Everything is false.0Subsequent press ef forts to substantiate the documentand the Doming disclosures forced Malabed to eventuallyadmit signing it, albeit claiming, through his attorney,Patrick Ballanan, that he had been "duped' Into signingit by Marcos, (See Attachment I.) Dr. Malabed's alibi,that he signed a 'bogus' report of illegal campaigncontributions and intelligence Osecurity projects' as a

* cover for the less sinister propaganda purchases defies(common sense, It is further belied by the proof of

actual ewnditures from the Mabuhay bank accounts

acknowledges receipt of $1 million f rom the Ph-ilippine

National Dank for Intelligence, -purposes minus $762#478.52

withdrawn by the Armed Forces by authority of Chief of Staff

(General Ver), leaving a balance of about $230#000.

Philippine National Bank records subpoenaed In the

Domingo/Viernes case provide the hardest evidence to date

that Malabed received funds from the Philippines, Attach-

ment H is th notarized declaration of Paciano F. Dizon,

which documents Nalabed's receipt of $150v000 from PUB-San

Francisco Agency on January 31, 1979, and $40,000 on

February 12# 1979. These receipts came shortly before major

Habuhay expenditures in February 1979. Other PUB records are

being subpoenaed and will be analyzed.

In addition, a June 1986 interview with KROU-TV re-

porter Brian McTigue quotes Dr. Kalabed's attorney Patrick

Hallinan as claiming Kalabed acknowledged receiving over

$500,000 in unreported cash stuffed in diplomatic pouches

CC from Philippine couriers attached to the ministry of media

X affairs. fallinan claimed the money was used solely for

Spropaganda purposes.*

B. Specific Expenditures

The Nabuhay statement lists several categories of

expenditures. Dank records have verified, at least in part,

* ( described be ow.

expenditures for each category: -

1. Expenditures out of Mabuhay Cor orationaccounts for the purchase of 2JA radio station in1978 (the fiat seven items on the statement) havebeen admitted by Dr. Nalabed and are easilyprovable through subpoenaed bank records and otherdocuments. (See Attachment J.) Mfalabed's attor-ney told the KRON-TV reporter In June 1986 thatMalabed discussed the purchase of RJAZ directlywith Marcos* and that it was to be used for Opro-Philippine broadcasts.* Dr. Malabed also owns thepro-Marcos Flitinc-American newspaperr formerlyBataan News, and has testified that representa-tives of the Philippine government's Ministry ofMedia Affairs worked on his newspaper staff.(Deposition, October 24, 1986.)

N2. Expenditures for Rolitical contributionscleared through -PSC-CGO (Presidential SecurityCommand - Commanding General Ver) -- have beenverified in part. Some of the $175r200 itemized

__ can be verified through subpoenaed bank recordsand FEC documents. (See Attachment K.)

o Dr. Malabed has in fact admitted making manyof these contributions, but claims they were outof his own funds. This is contradicted by the

CD Mabuhay documents themselves and other evidence

that he received PNB funds.

3. Payments for special missions in 1980 and

1981 have also been verified, at least to theV extent that Dr. Malabed and others traveled to the

locations listed in Bonolulu and New York for theDemocratic National Convention. Bank recordsverified at least some of these expenditures.(See Attachment K.) Both Honolulu trips coin-cided with visits of Marcos to the U.S. Discoveryin the Doig case has produced a Honoluluconsulate's list of pro-Marcos loyalists to becontacted to perform airport security for Marcos.This list includes Dr. Malabed's name,

81

mos siise itmapaigo tedcmn n

alone justifies substantial Investigative effort.The 6illego declaration concludes that theseexpenditures were "undertaken on behalf of Marcosand Ver and were used, in-part, to counter theinfluence of anti-Marcos opposition In the UnitedStates# and to monitor and operate3 against themand for other propaganda and political purposes.g(See Attachment C.) Whether these substantialpayments were used as a payroll for Marcos Intel-ligence agents and/or used for particular projectsjustifies further federal investigation.

At least one expenditure listed on 2/7/79 for$9,900 was paid in cash to Dr. malabed out of thePhilippine Bank of California account. (seeAttachment K.)

5. May 17, 98. Of all of the items on theC documenti is iihe Kay 17, 1981, expenditure of

$15,000 for a special security project which has-the most significance for the Domingo case.

o5 3 Both the Senate Foreign Relations Committee in 1979 and

17 the Defense Intelligence Agency in 1982 (see AttachmentL) have documented U.S. government knowledge of the

0 efforts by Marcos agents in the U.S. to 'monitor andoperate againstO the anti-Marcos Philippine dissidentsexercising their First Amendment right and freedom of

cr association in this country. Furthermore, FerdinandMarcos, in his July 1986 deposition in the Domingo case,admitted that four Philippine government agencies --

National Intelligence Security Authority (NISA) r theIntelligence Section of the Armed Forces of the Philip-pines, the Presidential Security Commuand (PSC) r and theNational Bureau of Investigation (UBI) collectedinformation on anti-Marcos organizations in the UnitedStates. Marcos testified these agents collected suchinformation through the use of military attaches inPhilippine consulates and the embassy. Be admittedknowledge as to some of the organizations and indivi-duals that were targets of the intelligence operation,including the (KDP) Union of Democratic Filipinos, to

( which both Domingo and Viernes belonged.

The day af ter returning to Seattle, trot. theILWU convention in Hawaii, Tony Daruso purchased aplane ticket to San ,Francisco for May 16 and areturn on May 17. Subpoenaed travel recordsreveal Baruso did indeed fly to San Franciscowhere he stayed at the Butter Hotel, (See Attach-ment NO) This hotel is within blocks of thePhilippine Consulate at 450 Butter Street. Withindays of his return, the Domingo/Viernes murder oicontract was put out, and hitment Ramil, Guloy# and JDominguez vere provided with Barusoss gun. The j.1murders were carried out on June 1, 1981.

Baruso, in his January 1983 deposition In theDoig case, answered, *I can't rememberm to allquestions regarding this Bay Area trip, includinghis purchase of the tickets, where he stayed, who

ohe met with, etc. He further took the FifthAmendment as to all questions about the murders.

Sworn testimony at the trial of Ramil, Guloyand Dictado4 established that the hitmen were tobe paid $5,000. Baruso's own bank records showcash deposits between June and November 1981 ofjust under $10,000 in amounts of between $200 and$1#000. Baruso also made a 24-hour trip to LosAngeles in August 1981 just prior to the start of

C:) the hitmen trial. In the same month, anothero $15,000 was expended from the Nabuhay Corporation

for a Ospecial security project."

CD Both Dr. Nalabed and Baruso are well-knownpolitical figures within pro-Marcos circles in theU.S. Baruso vas the master of ceremonies atPhilippine Consular events in Seattle. AlthoughDr. Nalabed has admitted to talking to Baruso onlyafter the murders, "to get his side of the storypthere is substantial reason to believe that thesetwo strong Marcos supporters had close ties.Further, although Malabed denies giving $15,000 toBaruso on Nay 17, 1981, he asserted the FifthAmendment when asked whether he paid anyone$15,000 on that date.

4 The other hitman, Dominguez# was found murdered inSeattle two days after Baruso's deposition in theDomigo case, One suspect, Esteban Ablang, fled shortly( tereafter to the Philippines.

C. conclusion

Solid documentary evidence exists that Or* Kalabed

controlled a secret intelligence fund operated by him and

General Vert which used Philippine government funds to seek

purchase of a propaganda voice, contribute to local, state

and federal. elections, and fund a Marcos intelligence

apparatus in the U.S. Highly probative and admissible,

even though circumstantial, evidence exists that this fund

was also used to pay for the Domingo/Viernes murders.

CV Evidence of this kind cries out for a full and fair

(V investigation. The numerous leads which have a high prob-

ability of yielding positive should all be investigated.

Other Malabed bank accounts should be subpoenaed. Witnesses

close to Dr. Kalabed, Mabuhay Corporation incorporators, and

former San Francisco Consulate employees should be ques-

0 tioned. U.S. Customs and Immigration files should be

co examined to identify the Philippine diplomatic couriers,

including officials with Marcos's Ministry of Media Affairs,

who may have- delivered the unreported cash to Malabed. A

prime suspect for this courier is Lito Gorospe, formerly in

Marcos' Media Affairs who made numerous trips to the Say

Area, and who, at least on one occasion, vas provided with

$10,000 cash by The Philippines National Bank, (See Attach-

ment B, pp. 4-5,)Dr, Malabeds ties to Baruso also bear

( further investigttion...

No. CRIMINAL LAWS INVOLVED

The evidence summarized .above against Dr. Kalabed

suggests that numerous federal criminal laws are implicated

justifying a full federal investigation and the reopening of

the federal election commission hearings, This section

sumarizes those laws.

A. Violations Of The Law Of Foreign Relations:

One who acts as an agent of a foreign government

without notifying the attorney general is in violation of 18

Old U.S.C. S 951# et seg. The Department of justice has publicly

C'm stated that Dr, Nalabed has not so registered.

One who disseminates "political poandwon behalf

- of a foreign government, party or principal# violates 22

U.S.C. S 611, et seg. Strict registration requirements

exist.

CD B. Violations of Federal Election Laws

* The prohibition on political contributions by foreign

or nationals is found within 2 U.S.C. S 441(e), A Oforeign

or principalm Is defined in S 611(b) to include a government or

foreign political party as well as persons outside the

United States vho are not citizens or domiciled within the

U.S. Clearly this definition applies to Marcos# as the FEC

so found.

The prohibition on making contributions in the name of

( another person tp contained in 2 U.S.C. S 441(f), The FEC

0 00

report states: "It the information contained In Obat docu-

sent (the Nabuhay Corporationi Statement of Uzpenses) is

correct, contributions were made by Narcos through the

Nabuhay Corporation, with Leonilo Kalabed serving as

conduit, as agent of the Nabuhay Corporation, then such

activities would violate 2 U.S.C. 5 441(e)o. (See Attach-

ment B.)

C. Violations of Civil, Constitutional and Interna-tional Human Rights.

18 U.S.C. £ 241 makes it a federal offense to conspire

to 'injure, oppress, threaten, or intimidate any citizen in

CV the free exercise or enjoyment of any right or privilege

0( secured to him by the Constitution or laws of the United

NStates 0 0 The use of a Mearcos intelligence slush f und

o for *special security projects' directed against the anti-

Marcos opposition clearly implicates the civil rights acts.

o The U.N. Charter prohibits foreign states from inter-

fering in the internal affairs of another country, andCCr

P international law prohibits states from engaging in police

actions, sary executions, and terrorist acts abroad.

D. 'Other Federal Violations

Finally, Malabed's attorney's admission that Nalabed

received over $500,000 in unreported cash from a foreign

courier raises substantial questions regarding violation of

( U.S. Customs disclosure requirements.

COCUSO

Thsmmrnu ed ihaclfrjsi~ h

th hias memandme afred t a cal o utizee. itiheialt

bring to justice all of those who subvert our democratic

rights no matter how powerful or influential they might be

or may have been. Marcos' recent efforts to charter a plane

C~j and return to the Philippines to topple the government of

C4 Corazon Aquino all demonstrate that the evidence summarized

C( here is not of mere historical interest. To investigate the

Marco s/Ve r/Mal abed/Bar uso connection, and to seek criminal

charges, as the evidence warrants, will send a powerful

message to other governments, friend and foe alike, who may

be tempted to engage in covert and terrorist operations and

to subvert our laws and constitutional protections.

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ATTACHMENT B

0 9 .% 1

* F3KRA ELCTION coMSusszou V1 999 3 stteetu nw*V

Wasbingtml. D.C. 20463

rIM? OrNERAL CONSL 12 ~

Date and Time of Trasittal*9y HUt *3I0hoie00C to the commission Dy to Coup 1 ai.Recive

Date of ot a ntoRespondent Arl319Staf f tric Hentf=

Complainanlt's Name: Nary Jane Freeman

tespondents' Names: Reagan-BushAngela II. Buchanan Jackson# treasurerCarter/Kondale Presidential CommitteeSo Lee ling, treasurer

Senator Alan CranstonDemocratic National Committee

Sharon Pratt Dixone treasurerLeonilo HalabedGove:nment of the PhilippinesTerdinand Karcos

Relevant Statutes: 2 U.S.C. S 441e and 5 441f

Internal Reports Checked: Disclosure, ReportsContra.ibutor Lists

Federal Agencies Checked: None

Suzzary of Allegations

on March 2S, 1906t the Of fice of General Counsel received a

signed, sworn and notarized complainXat from Nary Jane reeman,

alleging violations of thbe Federal Election Campaign Act of 1971,

as amended. (acto). Specifically, the complaint alleges that

the 1980 Presidential campaigns of Ronald Reagan and Jimmy Carter

plus United States Senator Alan Cranston and the Democratic

National Committee mtay have accepted contributions made by a

foreign nationa4Ain the form ofE contributions made in the name

o! another.

10

(V

.W2-

companant suz::::e :aoe age comaist accompanied by

seveal ewspperarticles conceringl the allegations* Tbe

subject of the complaint are alleged contributions made by an

unnamed foreign national (or the Covernmaent of the Philippines)

to the following: the 1980 Presidential campaign of Ronald

Reagan ('Reagan-5ush'), the 1960 Presidential campaign of Jimmy

Carter (OCarte'-*onldale9), United States Senator Alan Cranston

and the Deiocratic National Committee ('DwCO). Complainant

alleges that these contributions may have been made 'in the name

CV of another' and also my have been made in Oexcess of the

CV federally imposed limits from these sources.'

'The two newspaper articles submitted with the complaint

-now provide more details as to the circumstances surrounding the

copanNSalgtos codn oteatceadcmn

'0 cml~ salgtos codn oteatceadcmn

V brought to this country by former President perdinand Ka:co5 of

C) the Philippines purportedly shows that contributions vere made to

W the following candidates in the following amounts: Jimmy Carter

cc~ $51,500, Ronald Reagan - $500000t and Alan Cranston -$10,000.

The contributions were supposedly made through the Kabuhay

CorpoitatiOn of, California, whose di:ector" at the time was Dr.

Leonilo Kalabede a boyhood friend of Mlarcos'.

notificationl.of complaint letters were mailed to the alleged

recipients of these contributions and to Dr. Leonilo tialabed. 3

I/ Le6ters were also sent to rerdinand Marcos In Sawaii and totEhe Embassy of tVhl nsas a tesnai ote

Philipine th*~hilipa5reeenaveothPhiippneGovernment h Marcos letter was not responded to

nor was it returned undelivered. The Zmbassy :esponded throushthe United states Department cf st4at%,e.

All of these parties responded In vriting.

The Reagan-BIush response requests that the Commission take

no action on this matter# since the complaint has no basis to

support the allegations# inasmuch as It lacks any evidence that

the contributions vere ever made,

The Carter-Mondale response denied knovingly receiving

either contributions from foreign nationals or contributions made

in the name of another.

Senator Cranston's response denies having ever received a

CV campaign contribution from Ferdinand Marcos or any of Marcos'

C4 agents or from the Philippine government. Cranston admits that

0 in 1980 his Senate campaign received $500 from Dr. Kalabedo but

states that he had no reason to connect this with Marcos or the

N

C) Philippinle Government.

The DkNC's response denies any violation with regard to

O complainant's allegations. The DNC admits receiving a

contribution from Leonilo Kalabed in the amount of $4125, but

* states that the contribution appeared on its face "to be a legal

contribution from a resident of Calitprnlav and the DNO% properly

reported It as such.' Tie DW.C states that thbe complaint cofltir~s

Insufficient evidence to support Its allegations, and that the

DWC did not knowingly accept an illegal contribution of funds

obtained by Kr, Pialabed from prohibited sources.

In ilalabed's response, be claims to not be wavare of any

(foreign (PhilippiOV) sou;ies of money contributed to politicians

tbrouch at c: any corporation under my contrcl o: ownership-'

%0

The prohibitionl on contributions by foreign 8gti@9al5 is

contained at 2 U.S.C. 5 441e:

it shall be unlawful for a foreign nationaldirectly or through any other person to mkeany contribution of money or other thing ofvalue... In connection with an election toany political office;,., or for any person tosolicit, accept, or receive any suchcontribution from a foreign national.

The term "foreign national is defined by 2 U.S.C.

S44le (b) (1) to mean a *foreign principal" as this term is

01b defined specifically by 22 U.S.C. S 611(b). section 611(b)

C4 defines a Oforeign principal* as including:

(1) a government of a foreign country and ao foreign political party.

__(2) a person outside of the United States,unless e stablished that such

N person is an individual and a citizen ofo and domiciled within the United States,

or that such person is not an individualand is organized under or created by the

C) ~laws of the United St-ates or of anyState or other place osubject to thejursidiction of the United States andhas its principal place of business in

cc the United St~ates, and

(3) --a partnership, association, corporation#organization, or othe:comblnatiol ofpersons organ-izeed un6e: tbe laws of orhaving Its principal place of businessin a foreign country.

The prohibition on making contributions in the name of

another Is contained at 2 U.S.C. S 441:

?Io person shall knowingl.y make a contributionin the name of another or knowingly permit( his name, be used to ef fect such acont:ib'ition, tn6 no person shall knotrin'2yaccept a contributiei =ade, by one pe:sofl inthe name of another person.

Rtecipients

The evidence supporting compainant's allegationls Is limited

at this stage of the matter. An examination of Comittee records

on file with the Commission fails to disclose any direct

contributions by rerdinand Marcos (or for that matter, the

Government of the Philippines) to any of the allege recipients

named in the complaint. Mr. Kalabed made several contributions

with regard to the 1980 elections, as follows:

0* ocirvieft Amount Election

Carter-Mondale $125 1980 Primary

carter-Mondale 875 1980 Primary.

DNC 4125 1980 Primary

The reports also indicate that a Mrs. Xalabed made the following

contributions: 2/0AR

Recivieft Amut 3/ Eet~

cCarter-Hondale $500 1980 primary

OtCarter-Mondale 625 1980 Primary

cCarter-Mondale 300 1980 primary

?Wo evidence was submi-1-ted establishing a link between the

contributions made by Kalabed and any foreign national. The

2/ Mrs. Kalabed was -listed as "Mrs. LeoflilotO *Mrs, Patrice* and

TMrs. L.* with the same addresses as Leonilo Nalabed.

3/ X14hough ta.he--Vqgregkie amount contributed is S1400#

'zons!;tent with past CommilSsiot acft-pfionS, the office Of %;ene:Cl

Counsel is recommending no action at this tiAme on a po~s!!:

2 TU.S.C. 5 4aa 1 ~ viclatiAor..

allegations ar ae nteexistenceofadcmnwhh

purportedly shows Intended contributions by Marcos* However9 as

each of the recipients expressly or implicitly Contend# nothing

from the face of the Contributions received from Kalabed

Indicates that they were made in the name of another or had

originated from foreign sources. Both 2 U.S.C. f 441e and f 441f

require knowing acceptance of these prohibited contributions, yet

complainant supplies no evidence to establish that the recipients

had any knowledge that the source of the contributions ay have

been someone other than whose name appeared on the checks.

N 'With respect to each of the responses submitted by the

0 recipientLs, the arguments made go to the sufficiency of the

evidence submitted with the complaint. Counsel for Reagan-Bush

contends that since the complaint supplies no evidence that the

particular contributions were ever made, there is no basis for.

making a reason to believe determin&6tion. Counsel for Carter-

H'ondale states that that Comm itt6Aee has no knowledge regarding any

of the contributions referred to in the complaint.

Senaftor Cranston states that be has no knowledge of ever

receiving a Campaign Contribution !f-om Marcos o: any ofs his

agents or from the Philippine govenment. Senator Cranston admits

receiving a $500 contribution from Leonilo Kalabed in 1980, but

states that he does not know Nalabed and had no reason to connect

him with Marcos,

The DNC state!%k'hat wliie It too received a contribution

f~mLeonilo YSalabed in 1980, the contribution appeared on ;-s

!aCtO to be a legal contribution from a residentZ of Califorinia and

was properly reported as such.

0 G07-

Because of the limited evidence submitted with the complaitt

regarding the recipients of the contributions at Issue* the

officee of General Counsel recommends that the COUMiSSIOft' f ind no

reason to believe that aeagan-'Iusb and Angela No Duobaftant

Jackson, as treasurer# Carter-Hondale and S. Lee Kling, as

treasurer# Senator Alan Cranston, and the Democratic National

Committee and Sharon Pratt Dixon, as treasurer violated 2 U.S.C.

5 441e and 5 441f.

ContriLbutorsa

The making of the contributions, by rerdinand Marcos through

a conduit, possibly etither by Leonilo Malabed or by a corporation

under his control, the Kabuhay Corporation, is purportedly

O evidenced by a dcment brought to the United States by Marcos

and currently in the possession of &he Souse Committoee on Fore ign

Af&rS, Subcommittee on Asian and Pacific Affairs. A copy of

'1 0the document was Xeceived by the Commission. The document is

labelled *Yabuhay Corporation Statement of Expenses* and dated

F'ebruary 15, 1962. It purports to show expenses of $51,500 paid

CC to Carter, $504000 paid to Reagan, and $10,000 paid to Cranston.

The document also contains a hand~'ritten note, by an unidentifi.ed

Person, stating that the money was recM.eived from Phqr 4/ !or

intelligence purposes. If the Information contained in that

document is correct, contributions were made by Marcos through

the Kabuhay Corpdiation,, with Leonilo Kalabed serving as conduit

as agent of the Kabuhay Corporation, then 'such activit~ts

A/ po5sib.ay, 'Ene Philippine National Bank, according to newsaccounts attached to the cozmplaint.

i would violate 2 U.S.C. 5 4410. MarCeOSt by virtue cof his foreign

*cit izenship# is4 foreign national within the meaning ~of 2 u.sxc.

S441e, A foreign national may not through any person contribute

to any election for political office. Additionalily if the

actual contzibutions were made in the name of Mr. Kalabed and

others, this activity would violate 2 U.S.C. 5 441f, which

prohibits any person from allowing his name to be Used for a

contribution by another.

Ferdinand Marcos was notified of the complaint but failed to

respond. A/ Mr, Kalabed responded to the complaintoe stating ink

an unsworn response, that he Is 'not aware of any foreign

(Philippines) sources of money contributed to politicians ink this

* county through me or any corporation under my control orw

ownership.0 This denial was accompanied by what Mr. Kalabed

terms a list of his political contributions made from 1979 to

1983, on a document apparently filed with a San rrancisco city

of ficial. Nowever, the. list, Is not an accurate disclosure

OD record. 'This list includes the 1980 contribution by Malabed to

cc the DN,# but reports the amount as $5000, whereas both Or. S-issof

and DNC%, records. show the amount as $4125. The list also !ails to

i nc lude any of the contributions previously cited as baving been

made in 1980 by Nalabed to Carter-Mondale.

5j/ Mr, Marcos7notification letter was mailed to him in Bawaiiby regular first class mail. Although no response was received#the letter itself was not returned to the Commission, giving rise

( to the presumptio?,wof dellvery~of the mails.t

iI light Of these Circumstantc@e the Office of General

Couf4l recoends that the COUNh5iOiR fintd reason to believe

that ?erdiflafld Marcos violated 2.S,5C. S 441e andSj 441f and

that Leonilo 3&I~lb~d j/ violated 2 U*S.C. £ 441f. Z/ In

addition. the office of General counsel zecammetds 'that the

Commission authorize the sending of the attached letter to the

Chairman of the Rouse Sub-committee on Asian and Pacific Affairs

requesting any Information they ay have.

Recommenda t~os

The office of General Counsel reccommends that the

V Co4Mmission:

1. rind reason to believe that Ferdinand Marcos violated

2U.S.C. S 441. and S 441f.

22.a rind reason to believe that Leonilo M~alabed violated2g.S.C. S 441f.9

N3. Find no reason to believe that Reagan-Bush and Angela

V4. Buchanlan Jackson# as t.reasurer, violated 2 U.S.C. S 441e and

C) S 4 4 I.

4. rind no reason to believe that the Carte:-4ofdale

presidential Committee and S. Lee Kling* as treasure~tr, vo,.3Ct

2 U.S.C.'S 441e and S 441*.*

5. rind no reason to believe tZhat Senator Xlan C1"ranst.on

cc violated 2 UD.S.C. S 441. and 5 441fe

6/ 14ecause tbe Kbuhay Corporation was dissolved in 1982t the

5ft~ice of General Counsel is recommending that this determination

name Leonilo jalabed, who was agent for and director of the

corporationt and who# It is alleged, may have actually made the

contributions.

7/ The Office of General Counsel is making no recommendationlwith regard to the Government of the-Philippines,

since the

newspaper articles specify Ferdinand Marcos as the contributor.Additionally, no recommendation is being made with regard to the

excessive amount etthe q6 nt11ributiofl, since the entire amount of

the contributionS, is presumably Vrohibited by 2 UD.S.C. S 441e and

6 0

4M204M

* .Approve the attached letters*

Charles we SteeleGeneral CownIse

/1 /1fr **LAVwece W. Noble

Deputy General Counsel-w

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Mdw.May30. WStSao Yraisce (lnrinuk

S.FBy 145164 Cueserre

The San Franelvsco doctorImplicated In numerous Inves-tlgations of Ferdinand Marces'itcaied 'bidden wealth- wasdoped by Marcos officials Intobecoming the scapegoat for Sheprobes. his attorney said yes-terday.

* In an exclusive Interview withI Te Chronicle. attornrY PatrickIlallinan said Dr. Leonllo Malabed isbeina "vitmuzed" because he waspreurrd to sign a document thatfalsely, claim his so,*-defulc Ms.

*buhay Corp. received $1 million InPhilippine ilelliteice, funds to payfor covert operations In this coun.try.

Malahed scrawled an unsionedband" ritten nmage at the bottom

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Doctor 'Duped' by MorcosII" lhelamt The ua4emalads .1 lbS PIN.

whom Mamma. duui~ued to esm,among 2W'~ that U.S. Customs, offlI FIliplno Amran local of

ary 2i wihen Ise arrived in Hawaiiafter fleeingt Manila.

the document Is, of key Impor-tance in I..lf a dozen state. federaland Philippine' lnvastirtlO11S OfMarras activiitsh I tis country. ItIs aso a major isIa several leder*

lice In June los..

Three members ofpang ere csanvliced ofelers. hut the vkIWm Isilend thai Marcns! govearesposiblet. The pretrialI

For the first time, Malabad throiajhis lawyer admitted to knowing aa controversial document

*I Isawsuli against the deposed lead bIIW" held here becsmor. alives here.

a =w-tl

Ne was

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Df the document drafted four years Mashbed ha not bWen charged tfjlB a5 Uaxwe

ag so vouch for its Authenticity af or sutd in conraectii with any Of 5$tleiWn a retwiWsslatId Vi Se

ter betig told be was doing a favor the cas.e%. IluvtVe. aveIntgltjrs IiCw Pil~evr aet W W M 0de

for his boyhood friend. Marcos. Hal- ad ~ f t osalg lass week under oath. CaSSI the wayand aY #sOf MeAMW 04.euv 'for attorneys "O debateI ha i

linen said. th bydcma-sp w hether the paper Isa W"S5*Dr. Malabed never received opponents of Marto claim It .f Mabuhay eape"Ma

a n y In te llig e n c e m o n y . . .. Hie Is h" O e cl i " 'com p letely 113110e" 91 Of anY w ro ng - po ve a d r P hl ipU s e M onae y fi t rma s an s lCalngwtelwe ad to lunder Plipne money tha OutSd the ourtuse hasev

don- h ayr$i.provided funtis for a 11011110-l-er alnn adtedereSh

The dilosureC marked the firs murder of Marcos foIn Sattl I~ cuinto o ase' itime that Italabed. through Iis a aIi a .ait ofI othe Ilr*oecmeiv ed rhtorney. has admitted that he has-.- aelemes-lN MIlflOhl I pWb h

personal knowledge of Ut COMMr US. District Court Judge W11- corporation Malabed fored u,verswa document and thas he wrote 1181m Orrick In sari FranciscO ruled 'Years alto ha am nsemfla.

the Mysterious note on IL yesterday that the document IS &a tempt to buy the FM rails NB"S

Malabed opted to release the tlsertic only for court purposes." IKJAZ. the attorney said.

knformason throughi his attorney Te ruling was part At a pr I The doctor VnwitilnClPsiOw~d

netuhe be fears any public ste- 11 0 Isnasi ledI etl is firm and t1b docuneat to Serve

maki ese about thelm in'mourt. by famrillies of Sligne Domingo and sis cover for an aplareat embsZISe

GeneVseres.7be wo wre pp meWil scheme b) other Maim0 sup"-m~~~~~~~ght~~.% be usedr agltth1 i 1ut (eneVeres.Teso eeopoIalnan 9ulled~., 1*1

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iba~ W US. Pslemmons - amnme *o Uks e ea" am

polSladeoatlSS Naabd mtade inbisOPS sameiu homsmS1oeiftgis C euN of NalabeikCome"els inh am&e onae

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to ca esimes sad kip Oaeompaai CrMaW by Ma~abS' is buy aM AWNM& 116c. liam Se SG acbCOC-

im s b a ft.- da li tatto. .1pi Collue beard pmgher Judymbh lamg bad 04 "*

for asIwo 1mdWe lei Mablnhel Coop.

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s a d i shlo w th ate fl O w l I M M . a a08 . i m "n1 l ~

WON F fell through 'a ftlbet IVIS A New ~ ~ . ,.~ .ult

la e t e is d docum e t f a bot M il1 to Is .M~ . -to Aei t SB ift

legal low. gosi falit depwsitS end othe put.1 ~~~ Aese lpsASh

ebamelted epeaalW " Cinahd d 14 W s.Upport la es sthe 1, atOwbbyS

to .IrtnfSspSud"withFmmlorpatle le;* m

cmi wite meal eIeUSI.1atuaE'bosys Is the $Irta= cumw"M aU

SB6 .6 O sama isL of A or 1 Igaba W oe ih se l~ P .t~t a '

10l"e effot to buy M)AZ batd 5bav bee more.". dieco to ibs he Vgled

SUL11jf AtWRICY SitphtS" rfl t 1 th1ate brnh Grove pubhl whoe

bl as teetftC.1t5 from MsbhahaY. 8....... ,a pro-AG hlaVe nwe ewes4 by MIS

3. un e md wresFECiui ~Imo bs the Mat b jpWaW~ae-AmulcL FIe A UmelH

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Hwvrpublic K o a prdsl ednWko adI bl ~vem

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usOwle W. of p an d to hm k wh~ w -@ p wwu a oohoisd bW a s e.. a I

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mebium ~ in Caiori -. nmwo the San isoube amd dier aasda Crpm"h waico

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ATTACHMENT J

CHARLES 0. MORGAN, 3R.'450 Sansome StreetSuite 1310San Francisco, CA 94111-3382(415) 392-2037

MICHAEL E. WITHEYSchroetere Goidmark & Bender# P.S.540 Central BuildingSeattle, WA 98104(206) 622-8506

to

Cq UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CALIFORNIA

0.__( In re Deposition of)Dr. Leonilo Malabed

) Misc No. 8688 WHOESTATE OF SILME G. DOMINGO,

o et al., ) For. Dep. 86-215For. Dep. 86-362

Plaintiffs,) DECLARATION OF BONIFACIO

V. GILLEGO. RE PLAINTIFFS'I MOTION TO COMPEL DR.REPUBLIC OF THE PHILIPPINES, MALADED

et al.,

U Defendants.

I, BORIFACIO GILLEGO* v depose and declare:

1. I am the U.S. based representative of the Philippine

government's Presidential Commission on Good Governament (PCGG) with

offices in New York City and in Washington# D.C. at the Philippine

( Embassy. I have,,?een commissioned and authorized by Philippine

I,

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ipesident Corazon Aquino to Investigate and bring legal action to

retrieve property owned and/or controlled by Ford inabd. Narcos In the

united States. The chairman of the Presidential Comission on Good

Government Is Jovita Salonga.

2. As part of my official duties on behalf of the PCGG, I

travelled to Washingtont D.C. with Jovita Salonga in March of 198b,6

and was physically present when U.S. Under-Secretary of State for

Political Affairs, Mr. Michael Armacost, physically delivered over

2,500 documents to Mr. Jovita Salonga. These documents provided to

myself and Mr. Salonga were seized from Ferdinand Marcos by the U.S.

Customs Service in Honolulu, Hawaii after Marcos fled to Hawaii from

the Philippines following his removal from office by Corazon Aquino.

3. The originals of these documents are retained by the U.S.

government.

4. 1 maintain in my office in New York a full set of copies

of aU'~ the documents provided.

5. The attached document, Exhibit B, entitled K~abuhay Corpo-

ration Statement of Expenses" (hereinafter ftabuhay Statement") is a

true and authentic copy one of the documents provided to Jovit,%a

Salonga and myself by Under-Secretary Armacost in my presence; it is

maintained in our files in the N4ew York City office of the PCGG.

6. The Kabuhay Statement is but one of hundreds of other

similar documents in my possession which detail, itemize, and

document the expenditure by Ferdinand Marcos and others for the

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purchase of real estate, transfer of funds, expenditures of monies,,

establishment of accounts, etc., In the United Btatese.

7. For over 20 years I was I a military Intelligence Officer

In the Armed Forces of the Philippines and conducted extensive

military Intelligence services on behalf of that government abroad.

I received training from the United States Central Intelligence

Agency. I worked on foreign assignments on behalf of the Philippine

military. In the course of these duties and since then, I have

investigated, researched and studied Philippine intelligence activi-

ties and agencies abroad, including those in the United States. I

am personally familiar with the Philippine intelligence operation

abroad, including its major agencies, means of operations, methods

of gathering intelligence, and use of "covers" and funding sources

taccomplish its missions and tasks.

8. I left the Armed Forces of the Philippines in the mid-

seventies and came to the United States. Since that time, I have

studied, researched and investigated the role of Philippine intelli-

g9ence agencies in the United States and, in particular, their

activities on behalf of the Mlarcos regime to monitor and operate

against the anti-Rarcos, opposition in the United States from the

period of the mid-seventies through the present. I have written

papers and reports on Marcos intelligence operatives, and have

provided their names, military history, duties and activities to thepresent -government of Cory Aquino. Since being appointed U.S.*

A

representative to tbe PCGG* I have bad access to the do0cuments Of

the Armed Forces of the Philippines,- the National Intelligence and

Security Authority (NISA),# and other Intelligence agencies. I have

further had conversations with leading officers of the Philippine

military establishment, Including General Fidel Ramos# regarding

the presence and operations and funding sources of the Marcos Intel-

ligence apparatus in the United States. I have a first name

familiarity with the names of Marcos intelligence agents In the

U.S.* including during the time period 1978 through 1986.

17 9. The major focus of our investigation of Marcos' financialLfn

and real estate holdings in the United States are the financial(V

(0 activities of Dr. Leonilo Kalabed of San Franciscop California.

10. 1 have studied the the Habuhay Statement carefully. It is

r" a statement of expenses which itemizes expenditures for a part of

0 the Flarcos intelligence operations in the United States. To

further explain the document for the court, the handwritten state-

ment at the bottom reflects the withdrawal of $1,000,000 from the

cc PNBO- Philippine National Bank for *intelligence purposes'. The

Philippine National Bank, whose headquarters is in Manila, operates

offices in the United States, including California. The handwritten

note further indicates that the withdrawal of this $1,000,0.00 was

under the 'authority of the Chief of Staff. This refess to Chief of

Staff General Verp who headed up the Armed Forces of the Philippines

Intelligence Section, the National Intelligence and Security

4

14 *

Authority* and the Presidential Security Command (PSC). Each of

these agencies conducted Intelligence operations In the United

States for the last 15 years. These operations Included collecting

Information about the anti-Marcos oppositiont Including such organi-

zations as the Union of Democratic Filipinos (IDP)t the Coalition

Against a Marcos Dictatorship (CAND)p and the Movemenlt for A Free

Philippines. amongst others. Each of these organisations conducted

activities, had meetings and conferences and engaged in anti-Marcos

protests in the Say Area and in California.

Af) 11. It was a routine and normal intelligence procedure for

General Ver to authorize the expenditure of funds for intelligence

o actiAvities in the United States, including for Ospecial security

(_ projects'.

12. The PSC-CG referred to in the Kabuhay Statement refers to

0 the Presidential Security Command -- Commanding General# again

General Ver. The statement Oadvances to CG" indicates the funds were

used on behalf of the CG -- again General Fabian Vert for special

security projacza. This phrase refers to, amongst other things,

Sintelligence operationst including operations against the anti-

Marcos opposition in the 'U.S.

13. Based on my former position as a Philippine military

intelligence officer, my studies and research of Philippine intelli-

gence in the U.0S.0 my duties and responsibilities in my current

po!;ition, my review of documents of the present Philippine military,

5

and of the documents brought by Ferdinand Marcos to the 0.S., and

provided to myself by the U.S, State Department, I an of the follow-

ing opinions:

a* The expenditures listed as Ospecial security projectag in

the Mabuhay Statement were payments made by or through the Mabuhay

Corporation and were part of the funding sources for Marcos intelli-

gence activities against the anti-Miarcos opposition movement in the

U.S.

NOb. That the use of the Mabuhay Corporation was to provide a

LA suitable cover in order to avoid detection of the true source of the

cm funds for such intelligence purposes, i.e., the former government of

( the Philippines under Ferdinand Marcos and General Ver. That the

use of such a cover is a routine intelligence device, uti&lized by

all intelligence services includi4ng the Philippines.

C9 I am firmly of the opinion that t%.he *special security

C Projects" were undertaken on behalf of Ferdinand Marcos, General

Vert and were used, in part, to counter the influence of anti-Marcos

opposition in the U.S. to monitor and operate against them and for

his other propaganda and political purposes.

d. That the Mabuhay Statement is exactly what it purports to

be; such corporation was used by Dr. Halabed as a cover and as a

conduit for intelligence operations and funds in the United States.

I declare under penalty of perjury under the laws of the state

of Washington that the foregoing is true and correct.

EXECUTED ON TIS- day O 2xLAN%*1986F at Ic

low : York, X,*9VLA. Mtlp~ i ~AY 22 MSM5SMRUM AMD I to botom' me__We______

to

O= Non I S fdSOs wIV.rfsaw v196

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ARTICLES OF INCORPORATION

OF -

JIABUHAY CORPORATION

V002373ENDORSED

F ILE Dto. 6. .9 ofos 5&cfee o 5"Me

NOYD 1978MM~ raw 1% &MeA"y of SWa

PbflhskL WeggiDeputy

ONE: The name of this corporation is

MABUHAY CORPORATION.

TWO1: The purpose, of this corporation is to engage in

any lawful act or activity for which a corporation may be

organized under the General Corporation Law of California

other than the banking business, the trust company business,

or the practice of a profession permitted to be incorporated

by the California Corporations Code.

THR.EE: The name and address in this state of this corpora-

tion's initial agent for service of process is:,

DANIEL F. REIDY, Esquire703 M~arket Street, Suite 1506San Francisco, Cali±fornia 94103.

FOUR: This corporation is authorized to issue One

Hundred (100) shares, all of the same class, designated

"Common Shares."

Dated: 1Noveber 2 978.

0

0

I.LE9NILO L.'. MA.ABED'In ororat'or

declare that I am the person who exlted the above

Articles of Incorporation, and this instrument is my act-...7

and deed. I N.~

ATTACHMENT D EXHIBIT.

of ".A COPRAIN a Caionacrprtob

The following acotions tae byotedico:ao

0 RESOLVED that LEONILO MALADED shall enter into

C4 an agreement whereby XABUHAY CORPORATION agrees tor purchase radio broadcast station KJAZ of Alameda, Cali-

- fornia for One Million Six Hundred and Seventy-Five

Thousand Dollars ($1,675,000.00), subject to appropriate

0 conditions.

RESOLVBD that LEON~ILO MALkBED shall loan ?XIBURAY

CORPORATION the sum of Twentyv Five Thousand Dollars

($25,000.00) as an earnest money deposit for the KJAZ

agreement.-090

RESOLVED that DANIEl. PXIDY shall coordinatle the

preparation of an application to the Federal Communica-

tions Commission whereby MABUIU.Y CORPORATION could re-

ceive FCC approval for the assignment of the KJAZ license.,

The undersigned, the incorporator of this corpora-

tion conentstq, the foregoing action.

Dated: November 27, 1978

LECKIILO )2AL3kBED 0

Incorporator of NABWIAY CORPORATION

- FPY14ItITd6

i'.O. IQOX 28&0 wt,1161 4454=2 OUFICIL USE ONLVCAREN0 a35S12 UE OF CALIFORNIAB

STATEMENT BY DCYM ESTIC STOCK COFWIORATION10118 STA406*00I MUST 86 VILGO Wi4i4 CALSECRESA SECAIARV Of SI 19 uctCOOAOS coOwl

I mp. * *4 11 " Ina*4 e zIs * 1:i

1K. ;ORPORATION NAMED HEREIN.. ORGANIZED UNDER THE LAWS OF THE STATE OF CALIFORNIA.

145 Mountain Spring Avenue San Francisco# CA

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PRESENTLY AUTHORIZED NUMBER OF DIRECTORS. INCLUDING VACANCIES

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ATeonilo Halabed 145 M~ountain Sprinq San Francisco, CA 94114041050sS em "ou semi s NV me' r e UK t ci 9, " a 910", J!"coop

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Cr7O3 Market Street, Suit*-e 1506, San Francisco, CA 94103

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.LOUIS CARTERSuper* endent of Banks

By7A(TRICK C. CARROLLStaff Services Analyst

ATTACHMMN F

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state, Bankingrue and ccwrec*

(. *~ - APPLICATION FOR AUTHORITY TO OflGANIUl SANK

o. coo.

P-2 VM I

Business or OccupationfhtX.- pbl44i .1

NameLeonides Virata'' Cr% 'e,*- '~~:#i3 Ad - ndiar'.. akati, -Rizal,,. Philippines

U:ins o r the bard, Develoment bank of the Phili~oine

Name- Romanf Czuz' . Jr.Gvexrament Service hInsrance' Systeme GSIS bldg.

C Aciress Arocerosr Manila, PhilippDines

Business or Occpotio<nera Hanaaer. Governmezt Sevrvice lnsurgnce kvstIe-,&

Gilberit-o Teodoro( Namne - bSecur'11y system, 55 ISAddrest East'C Avenue, Ouezon City. Philivines

Busnes or Occupotic dinitwrtr sd5iai secuT vztei

N~e Basilio EstanislaoX,aFF~ Bank~ -Z ok- the lpoftipnes, B. F. Condomcinl.um

C Adri.Aduana, "lanila Ph.,livines

~ President, Land Bank of the Philivoines- -. Lof edditsee GPM& h mtquimd4 msain..so 0W&Wm As.?)

* ,hereby apply for outho- I** orpaniz and establish a corporation unider the laws of the State ofCclifornic tdr engepe in commercial bankinq busines- 9) trust business

(Chec am w beth)

at Vicinifty n5 #4 01tgoM~iy mii nma.,'"+n C9...~CkSw addma~ or widalr)

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San Francisco CORnty

PHILIPPINE EAN~ flW r~iyywnrn.~yi

( With total ccpitalizatio; Of $56-OoLoooo.bo

The person authorized to represent the applicants in connection With this oppijic-.tion U*:

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Address:-2-35 fontgomery St-.. San-Francisco. Cal1ifornia 941L04-

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1 UNITED STATES DISTRICT COURTdP

2 CENTRAL DISTRICT OF CALIFORNIA

3

4 ESTATE OF SILNE G. DOMINGO, -CASE NO. Misc. 17745et al.# (RELATED CASE NO. C82-1055V#

5 ) U.S.D.C.0 W.D. Washington)Plaintiffs,

6 ) DECLARATION OF PACIANO F.VS. ) DIZON IN RESPONSE TO SUBPOENA

7 ) DUCES TECU4 SERVED UPON THE

REPUBLIC OF.THE PHILIPPINES, ) PHILIPPINE NATIONAL BANK. LOS

8 et al.., ) ANGELES BRANCH

9)

10 1, Paciano F. Dizon. declare:

11 1. 1 am Assistant Manager of the Los Angeles Branch

CV ~12 of the Philippine National Bank (OPNB/LAO) and I have authority

13 to certify the records pioduced herewith. I make the

14 statements in the following paragraphs based on my present

o15 knowledge, information and belief.

1716 2. PNB/LA is licensed by the State of California as

o17 a wholesale branch office and is the successor to the

18 Philippine national Bank San Francisco Agency ("PkB/SF"). In

19 March, 1981, PHD/SF moved its offices to Los Angeles, and in

20 May, 1982. converted such offices,,from an agency to a branch

21 office.

223. The documents attached hereto as Exhibits At Be C

23 and D are true copies of all of the records of PUB/LA and

24 PNB/SF described in the attachment to the supboena duces te

25 dated July 18, 1986 served upon PUB/LA on or about July 22,

28 1986.

27

28

I 1- ATTACHMENT H

1 4. Such documents as were prepared by PPUB/LA and/or

2 P35/SF were prepared by Its personnel In the ordifliry course of

3 PNB/LA's or PNB/SF's business at or near the time of the act,

4 condition or event.

5 5. Such docum'ents constitute all documents

0 responsive to the subpoena duces tecum served upon PNB/LA which

7 were found by PNB/LA as a result of a diligent and

8 comprehensive search of its records and of its tiles and of all

9 of the records and files of PUB/SF which it has in its

co 10 possession, custody or control.

N

0 12 the first page is a copy of an entry form used by PNB/SF used

13 for internal accounting purposes which describes a payment made

r- 4b U/Ft r enl ~lbdi h muto 10000

o15 by the issuance of a check drawn on PNB/SF's account with

V 16 Lloyds Bank of California. At the bottom of the first page of

0 17 Exhibit A is a copy of the check issued by PN5/SF to Dr.

Go18 Malabed in the amount of $150,000.00. This copy of the check

19 serves as PNB/SFs credit ticket on the transaction.

20 The second page of :Kxhibit A is a copy of both

21 sides of the cancelled check in the amount of $150,000.00

22issued by PN5/SF payable to the order of Dr. NMalabed.

23 The third page of Exhibit A is a copy of a telex

24received by PNB/SF from PUB's Head Office in Manila advising

25that instructions had been received by PNB's Head Office from

26 Dr. Malabed or': omeonv' acting on his behalf to issue a check in

27 jthe amouit- of $150,000.00 payable to Dr. Maabed by PNB/SF in

28 '.S.dol.lars.28I-

17. Exhibit B consists of two pages. On the top of

2 the first page is a copy of an entry form used by P18/SF used

3 for internal accounting purposes which describes a payment made

4 by PN3/SF to Dr. Leonilo Malabed in the amount of $40,000O0 by

5 the issuance of a check drawn on PNB/SFs account with Lloyds

6 Bank of California pursuant to cable received from PNB/SF's

7 Head Office in Manila by order of Dr. Malabed or persons acting

8 on his behalf. At the bottom of the first page of Exhibit B is

9 a copy of the check issued by PNB/SF to Dr. Malabed in the

10 amount of $40,000.00. This copy of the check serves as

'011 P143/SF's credit ticket on the transaction. The second page of

C4 12 Exhibit B is a copy of both sides of the cancelled check in the

13 amount of $40,000.00 issued by PNB/SF payable to the order of

N14 Dr. Malabed.

o15 8. Exhibit C consists of two pages. On the top of

V 16 the first page is a copy of an entry form used by P143/SF used

o 1 for internal accounting purposes which describes a payment made

18 by P143/SF to Conrado Rubio, Jr. in the amount of $5,000.00 by

19 the issuance of a check drawn on PNB/SF's account with Lloyds

20 Bank of California pursuant to cabale received from P143/SF's

21 Head Office in Manila by order of Mr. Rubio or persons acting

22on his behalf. At the bottom of the first page of Exhibit C is

23a copy of the check issued by P148/SF to Mr. Rubio in the amount

24 of $5,000.00. This copy of the check serves as PIB/SF's credit

251ticket on the transaction. The second page of Exhibit C is a

26 copy of both 101es of,-the cancelled check in the amount of

27 1S5,Ooo.00 issued by P143/SF payable to the order of Mr. Rubio.

2il.~.

9 . Exhibit D consists of two pages. The first page

2 of Exhibit D is a credit ticket which is an entry form used for

3 internal accounting purposes by PNlE/LA which describes a

4 $10,000.00 disbursement which was made pursuant to instructions

5 from PB's Head Office in Manila. The bottom of the first page

6 of Exhibit D consists of a debit ticket which is an entry form

7 used by PNB/LA for internal Accounting purposes that describes

8 a debit for a $10,000.00 disbursement made pursuant to

9 instructions from PNB in Manila's Head Office which payment was

o10 made against PNB/LA's account with the Philippine Bank of

11 Cali fornia.

12 The second page of Exhibit D is a "Debit AdviceCD 0

0 13 Form~" which I am informed and believe was issued by the

14 Philippine Bank of California and was sent to PNB/LA indicating

0 15 that the Philippine Bank of California charged PNB/LA5s account

16 with the Philippine Bank of California pursuant to PIB/LA's

o17 instructions which were received from PNB/LA's home office in

18Manila, and that pursuant to those instructions a $10,000.00

19 payment was made to Mr. Lito Gorespe. I am informed andI

20 believe thait Mr. Buenaventura referred to on the second page of

21 Exhibit D was an officer of Philippine Bank of California. Ms.

22 Amy Gella referred on the second page of Exhibit D was an

23 Assistant Agent of PNB/LA as of the date of this document.

24

25

26

27!

1 4"

* I I declare under penalty of perjury under .the laws of2 the United States of America that the foregoing is true and3 correct and that this declaration was executed this 10th day of4 September,, 1986 at Los Angeles,, California.

7

PACIANO F. DIZON8

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FEDERAL ELECTION COmSiss IoN999 3 Streetv W.W6

Washingtonp D.C. 20463

FIRST GENERAL COUNSEL 'S REPORT

L4UR #2453DATE COMPLAINT RECEIVED

BY OGC: June 1, 1987DATE OF NOTIFICATION TOW

RESPONDENTS: June 8, 1987STAFF MEMBER: Celia L. Jacoby

COMPLAINANT: Michael Withey

RESPONDENTS: Leonilo Malabed, Ferdinand Marcos,and Fabian Ver

RELEVANT STATUTES: 2 U.S.C. S 441a(a) (1) (A)2 U.S.C. S 441e2 U.S.C. S 441f

INTERNAL REPORTS CHECKED: MUR 2156N Contributor Indices

Disclosure Reports

FEDERAL REPORTS CHECKED: None

I. GENERATION OF M4ATTER

N On June 1, 1987, the Federal Election Commission (the

o "Commission") received a signed, sworn and notarized complaint

from Michael Withey, alleging that Dr. Leonilo Malabed had made

contributions to various candidates through the Mabuhay

Corporation on behalf of another, Ferdinand Marcos, who is acc

foreign national. The complaint alleged that such contributions

by a foreign national made in the name of another would violate

2 U.S.C. SS 441e and 441f.

These allegations were originally considered by the

Commission in June 1986 (See MUR 2156). In that matter the

Commission determined that there was no reason to believe that a

violation of the Federal Election Campaign Act of 1971, as

amended (the "Act"), had been committed by the named candidates

or political committees. However, the Commission failed to find,

-02-

by the required four votes, reason to believe that a violation of

either 2'U.S.C. 441e by Mr. Marcos or-2.U.S.C. 441f by

Dr. Malabed or Mr. Marcos had' occurred. TheGeneral Counsel's

Report in MUR 2156 is attached hereto as Attachment 1.

Mr. Marcos did not respond to the notification of the

complaint in MUR 2156. Dr. Malabed, however, responded that he

was not "aware of any foreign (Philippine) sources of money

contributed to politicians through me or any corporation under my

control or ownership."

The complaint now submitted requests that the investigation

under MUR 2156 be reopened.

11. LEGAL AND FACTUAL ANALYSIS

CYA. Background

o The complaint relies principally on the "Mabuhay Corporation

Statement of Expenses" (the "Mabuhay Statement"), which statement

the Commission considered in its prior finding, to substantiate

its allegations. The Mabuhay Statement, dated February 15, 1982,

is a document obtained by the U.S. Customs Service from items

brought into the United States by Mr. Marcos. The Mabuhay

cc Statement itemizes the following expenses which purportedly were

political contributions:

Dianne Feinstein $ 2,500Quentin Kopp 500Larry Asera 50,000Alan Cranston 10,000Leo McCarthy 10,000Carter-Mondale Committee 1,500Jimmy Carter 50,000Ronald Reagan 50,400

These contributions supposedly were made through the Mabuhay

Corporation of California, whose president was Dr. Leonilo

Malabed.

-3-

The complaint also presents other facts to support its

allegations, facts which were not previously before the

Commission. The handwritten legend on the Mabuhay Statement has

been identified as having been written by Dr. Malabed. That

legend acknowledges the receipt of funds from the PNB 1/ for

intelligence purposes, which transfer of funds was authorized by

General Fabian Ver. Although Dr. Malabed had previously stated

that the Mabuhay Statement was false because it had not been

signed, he has since apparently admitted to writing the legend on

0 its margin. 2/ Also submitted with the complaint were

N photocopies of currency transfers which evidence the receipt of

0 approximately $190,000 from the Philippine National Bank.

Dr. Malabed's counsel is reported to have stated that Dr. Malabed

had received over $500,000 in cash from a Philippine government

o courier.

As further substantiation that funds held by the Mabuhay

C Corporation may have derived from the Philippine government, the

Declaration of Bonifacio Gillego, a representative of the

Philippine government's Presidential Commission on Good

l/ Possibly the Philippine National Bank according to the newsaccounts and declaration attached to the complaint.

2/ A newspaper article dated week of March 26-April 1, 1986,quotes Dr. Malabed as saying: "Who signed it? If it is notsigned, let us treat it as a useless document. Everything isfalse." This newspaper was unidentified. An article in the SanFrancisco Chronicle dated May 30, 1986, states that, accordingWtohis attorney, Dr. Malabed was "pressured to sign" this document.

-4-

Government, was provided. In that declaration, Mr. Gillego

states that the Mabuhay Corporation was used as a cover "oavoid

detection of the true source of the funds... , the former

government of the Philippines under Ferdinand Marcos and General

Ver." The complaint further asserts that the tMabuhay Statement

is authentic, and impliedly should be accepted as authentic by

the Commission, since Judge Orrick of the U.S. District Court for

the Northern District of California has accepted the Statement as

authentic. Judge Orrick's determination was based in part on the

affidavit of Mr. Gillego.

K These documents and statements, the complaint asserts,

N provide the corroborative evidence needed to find violations of

cv the federal election laws by Dr. Leonilo Malabed, Ferdinand

o Marcos, and General Fabian Ver.

Copies of the complaint and accompanying materials were

mailed to the named respondents (Ferdinand Marcos, Leonilo

Malabed and Fabian Ver) on June 8, 1987. These notifications

were directed to the last known address of each party.

By letter dated June 16, 1987, Dr. Malabed stated that he

cc, had made contributions to political campaigns from his personal

funds (Attachment 2). Further he believes that this matter

should remain closed because the complainant has failed to

document or otherwise prove that the substantial contributions

alleged were in fact made.

The reports filed by the candidates and committees named in

MUR 2156 do not disclose contributions in the sums indicated by

the Mabuhay Statement. Although contributions from Dr. Malabed

-5-

and his wife were revealed , in addressing the commission's

findings in t4UR 2156, each of those candidates and committees

either denied knowledge of receiving contributions from foreign

nationals or made in the name of another or asserted that the

complaint contained insufficient evidence to support the

allegations.3/ Dr. Malabed also asserts that this current

complaint lacks any evidence that the alleged contributions were

made.

3/ See notes 5 and 6 infra. Possible contributions by personsassociated with the Mabuha-y Corporation, or whose names arementioned in the complaint, were also researched. In reviewingthe 1979-80 Contributor Lists, these contributions were noted:

Name

Romeo A.Esperan za

0D Romeo A.Esperanza

Romeo A.Esperanza

Zoilo R.Inacay

Demetr ioJayme

Demetrio S.Jayme

Mrs. JustinaR. Jayme

Mabuhay Corp. position

director

director

director

director

officer/director

officer/director

Rec ipiet Date

DNC Services 7-10-80Corp.

Car ter-Mondale

10-15-79

Cranston 5-5-80Senate Committee

Car ter-Mondale

Carter-Mondale

Car ter-Mondale

Car ter-Mondale

9-28-79

10-15- 79

Amount

$ 825

1000

500

300

250

Each of these contributions is facially a permissiblecontribution. one other contributor, Alfonso 0. Ver, may also bea related contributor. He made two contributions to the Carter-Mondale campaign of $125 and $250, both on the same dates ascontributions by the Malabeds. His employer is listed as theFilipino Professional and Business Association. It should befurther noted that the dates of contributions by the MabuhayCorporation directors also correlated with those of the Malabeds.According to a news article, Mr. Jayme stated the he did not makeany contribution to the Carter campaign (see Attachment I to thecomplaint).

9-28-79 500

10-15- 79 250

-6-

Counsel for Mr. Marcos, the former President of the

Philippines, requested an extension of time to reply. An

extension until July 21st was granted. Counsel filed a statement

on behalf of Mr. Marcos on July 21, 1987, and on July 27th a

statement in substitution for the original response (Attachment

3). Counsel requests that the Commission take no further action

in this matter on these grounds: first, the evidence submitted

by the complainant does not support the allegations made against

Mr. Marcos; second, Mr. Marcos neither "knowingly" nor

"willfully" made such contributions; third, Mr. Marcos denies

making any contribution; fourth, the proper party to be charged

is the government of the Republic of the Philippines; and

o finally, any action in this matter is time-barred by Section 455

of the Act or under the equitable ground of laches.

To date General Ver has not responded to the issues raised

0 in the complaint.4/

B. Analysis of Alleged Violations.

CP The provisions of the Act alleged to have been violated

cc, prohibit (i) contributions directly or indirectly by a foreign

national to influence any election (2 U.S.C. § 441e), and (ii)

4/ Notifications of the complaint were sent to General Ver athis last known addresses in California and Hawaii. Although noresponse has been received, neither letter was returned to theCommission, giving rise to the presumption of delivery by thepostal service. General ver entered the United States under theU.S. Attorney General's Parole. However, his parole hasterminated and he is subject to deportation should he remain in

this country. General Ver is also the subject of on-goingcriminal investigations by the U.S. Department of Justice.

-7-

making a contribution in the name of another or permitting the

use of one's name to effect a contribution by another (2 U.s.c.

S 441f). Section 44le states:

it shall be unlawful for a foreign nationaldirectly or through any other person to makeany contribution of money or other thing ofvalue ... in connection with an election toany political office ... ; ... or for anyperson to solicit, accept or receive any suchcontribution from a foreign national.

The term "foreign national" as defined in 2 U.S.C.

S 441e(b) (1) means a "foreign principal" as this term is defined

specifically by 22 U.S.C. S 611(b). Section 611(b) defines a

"foreign principal" as including:

o (1) a government of a foreign country and aforeign political party,

N (2) a person outside of the United Statesunless it is established that such person is

o an individual and a citizen of and domiciledwithin the United States, or that such personis not an individual and is organized underor created by the laws of the United Statesor any State or other place subject to the

o jurisdiction of the United States and has itsprincipal place of business in the UnitedStates, and

(3) a partnership, association, corporation,organization, or other combination of personsorganized under the laws of or having itsprincipal place of business in a foreigncountry.

The prohibition on making, and permitting the use of one's

name to make, contributions in the name of another is contained

in 2 U.S.C. S 441f:

No person shall make a contribution in thename of another or knowingly permit his nameto be used to effect such a contribution, andno person shall knowingly accept acontribution made by one person in the nameof another person.

The making of the contributions by a foreign national

through a conduit, either an individual or a corporation under

his control, would violate these provisions of the Act. A

foreign national may not directly or through any person

contribute to any election for political office in the United

States. If actual contributions by a foreign national were made

in the name of another that activity might also violate 2 U.S.C.

S 441f which prohibits any person from knowingly allowing his

name to be used for a contribution by another.

No direct contributions by Ferdinand Marcos (or the

Philippine Government) or Fabian Ver were revealed in an

mom examination of the reports filed with the Commission by the

candidates and committees listed on the Mabuhay Statement.

Mr. Malabed and his wife 5/ made several contributions to the0

Carter-Mondale Presidential Committee ("Carter-Mondale") and the

Democratic National Committee ("DNC"). 6/

o The complaint suggests that a possible source of funds available

for the contributions made by Dr. Malabed was Ferdinand Marcos. The

evidence to link the contributions made by Dr. Malabed to a foreign

5/ Mrs. Malabed was listed as "Mrs. Leonilo," "Mrs. Patrice"~ and"Mrs. L." with the same addresses as Leonilo Malabed.

6/ These contributions for the 1980 primary election were, in theaiggregate, $1000 to Carter-Mondale and $4,125 to DNC by Dr. Malabed.Dr. Malabed also contributed $500 to the Cranston for SenateCommittee. Carter-Mondale reports a $1425 contribution by Mrs.Malabed, apparently in excess of the stautory limitation. If Mrs.Malabed permitted her name to be used to effect a contribution byanother or to make a contribution by a foreign national, the entireamount of the contribution would be prohibited by the Act. Afterreceiving responses to the attached questions, this office will makeappropriate recommendations to the Commission.

-9-

national included the Mabuhay Statement which purportedly shows

contributions directed by Mr. Marcos, the acknowledgement of the

receipt of funds from a Philippine bank by Dr. Malabed as written on

the Mabuhay Statement, the sworn affidavit of Mr. Gillego that the

Mabuhay Corporation was a front for the Philippine government under

Mr. Marcos, and the statement by Mr. Malabed's counsel that his client

had received cash from a Philippine government courier. Photocopies

of currency transfers were also supplied to evidence the receipt of

approximately $190,000.00 by Dr. Malabed from the Philippine National

Bank. Newspapers accounts were also provided to substantiate these

N allegations.

W If the information provided in the complaint and its supporting

C4C5 materials is correct, contributions were made by Ferdinand

Marcos

through the Mabuhay Corporation, with Leonilo Malabed serving as the

conduit or as the agent of the Mabuhay Corporation. 7/ Such

o activities would violate 2 U.S.C. S 441e. Mr. Marcos, by virtue of

his foreign citizenship, is a foreign national within the meaning of

2 U.S.C. § 441e. 8/ A foreign national may not through any person

contribute to any election for political office. Additionally, if

contributions by Mr. Marcos were made in the name of Dr. Malabed and

others, this activity would violate 2 U.S.C. § 441f which prohibits a

person from making a contribution in the name of another and any

person from allowing his name to be so used.

7/ --The Mabuhay Corporation was dissolved in 1982. Dr. Malabed waspresident and a director of the corporation. It is alleged that hemay have made the contribution as he was the sole signatory on thecorporation's bank accounts.

8/ Mr. Marcos is presently residing in Hawaii under a parole5uthority issued by the U.S. Attorney General.

-10-

Counsel for Mr. Marcos argues that no violation of the Act by

Mr. Marcos occurred, and asserts that a critical element, knowing and

willfulness, of a violation under 2 U.S.C. SS 4379(a) (5) (B) and (C),

S 437g(a)(6)(C),, and SS 437g(d)(l) (A), (B),, and (C) is missing.

However, the cited provisions of the Act do not go to the issue

of whether a violation has occurred, but rather relate to the

penalty that may be imposed for a knowing and willful violation

of any contribution provision or other provisions of the Act.

Knowing and willful conduct is not a prerequisite to a finding of

violations of sections 441e and 441f. Nor does the complaint

allege knowing and willful violations. Further at this time this

CV office is not recommending that the Commission find a knowing and

o willful violation of the Act.

Counsel also contends that this matter is time-barred by

2 U.S.C. S 455 or under the doctrine of laches. The Act contains

0 a three-year statute of limitations; however, that period relates

to criminal prosecutions, not to civil actions. In FEC v. Lance,

W 617 F.2d 365 (5th Cir. 1980), the court confirmed that the

cc limitations period under Section 455 applies only to criminal

prosecutions for violations of the Act authorized by 2 U.S.C. S

441j. Further the court found that "Congress did not provide a

statute of limitations that would be applicable to civil

enforcement actions brought by the FEC." Nor is there a general

federal period of limitations for civil actions. The common-law

doctrine of laches, based on the principle that equity aids

diligence, would arguably preclude action by the Commission

-11-

had the Commission delayed its consideration for a period which

operated to the prejudice of the respondents. However# it is a

settled rule of law that the United States is exempt from

statutes of limitations and the defense of laches unless Congress

has provided otherwise. United States v. Summerlin, 310 U.S. 414

(1940). Even were the defense of laches available, there is no

prejudicial delay involved in this matter. This complaint was

filed on June 1, 1987. Promptly after that date (June 8, 1987)t

the respondents were notified of the complaint. Although the

alleged events occurred in 1980, these respondents (other than

General Ver) were made aware that such activities may have

constituted a violation of the Act by the prior complaint and

actions taken in MUR 2156. There has been no delay by the

oD Commission in its consideration of this matter to the detriment

of the respondents on which the equitable doctrine of laches may

operate. Accordingly, the Commission is not foreclosed from its0

consideration of this matter.Bae nteifrmto rvddi7tecmlit h

CBaeonteifrainpoieintecmlitth

an office of the General Counsel recommends that the Commission find

Cr. reason to believe that Ferdinand Marcos 9/ violated 2 U.S.C.

SS 441e and 441f, and that Leonilo Malabed violated 2 U.S.C.

S 441f.

The complaint provides no allegations that General Ver made

contributions, other than his authorization for the transfer of

9/ The Office of the General Counsel is making no recommendation withregard to the Government of the Philippines since the complaint andaccompanying materials specify Mr. Marcos as the contributor.

-12-

funds from PNB (i.e., the Philippine National Bank) to the

Mabuhay Corporation. The newspaper articles submitted with this

complaint and in MUR 2156 also specify only Ferdinand Marcos as

the contributor. However, Mr. Ver apparently authorized the

transfer of funds from the Philippines to the Mabuhay

Corporation. Although no direct contribution by Mr. Ver is

alleged or evidenced in the complaint, he may have assisted

Mr. Marcos in a violation of 2 U.S.C. S 441f by facilitating or

O'n arranging such transfer; a transfer whose purpose may have been

the making of political contributions in the name of another.

Alternately, General Ver may have violated both 2 U.S.C. S 441e

o and S 441f. By authorizing the transfer of funds to the Mabuhay

Corporation, Gen. Ver had and exercised dominion and control over

those funds. If these funds were the funds of Gen. Ver and that0ST transfer was for the purpose of making political contributions in

C7,111 the name of another, violations of the Act may be made out.

Therefore, this office recommends that the Commission find reason

to believe General Fabian Ver violated 2 U.S.C. SS 441e and 441f.

The complaint did not allege the receipt of funds by any

candidate or committee in violation of the Act. Further there is

no apparent evidence that any federal candidate or committee

knowingly received improper funds. In MUR 2156 this Office

recommended, and the Commission found, no reason to believe that

any violation by any of the named federal candidates or

-13-

committees had occurred. At this time this Office is making no

recommendations regarding the federal candidates and political

committees named in the Mabuhay Statement. Should the evidence

obtained during the investigation of this matter indicate any

possible violation by the federal candidates and committees

identified on the Mabuhay Statement, this Office will make

appropriate recommendations to the Commission at that time.

Section 441e further prohibits the contribution by a foreign

national "in connection with an election to any political

0 office," and the receipt of such contribution by any person. At

0 present this Office has no information regarding possible

prohibited contributions to and receipts by the candidates for

local and state offices listed on the Mabuhay Statement. Copies

of contribution lists for those non-federal candidates have been

o requested from the appropriate state officials. This office will

make further recommendations to the Commission as appropriate.

O To verify the supporting documentation in the complaint, this

W Office proposes that the deposition of Bonifacio Gillego be

taken, and that answers to interrogatories be sought from the

directors of the Mabuhay Corporation. This office recommends

that the Commission issue the attached subpoena to Mr. Gillego

and the attached orders to Messrs. Esperanzal Inacay and Jayme.

-14-

This office recognizes that contributions in the amounts

indicated by the tMabuhay Statement are not readily revealed in

the pertinent disclosure reports filed with the Commission. The

proposed discovery requests are designed to determine if

aggregated contributions given through other conduits might reach

the sums indicated on that Statement.

III. RECOMMENDATIONS

1. Find reason to believe that Ferdinand tHarcos violated

2 U.S.C. 5 441e and S 441f.

2. Find reason to believe that Leonilo Malabed violated

2 U.s.c. S 441f.

4D3. Find reason to believe that Fabian Ver violated2 U.s.c. S 441e and S 441f.

4. Approve and send the attached letters with

o interrogatories to Respondents.

-5. Approve and issue the attached subpoena and letter to

Bonifacio Gillego.

o6. Approve and issue the attached orders and letters to

Messrs. Esperanza, Inacay and J yme and Mrs. Malabed.

DateLarneMNol

Attachments1. General Counsel's Report in MUR 21562. Dr. Malabed's response3. Mr. Marcos' response4. Proposed letters (3) to Respondents5. Questions to Respondents6. Subpoena and letters to Mr. Gillego7. Orders and letters to Messrs. Esperanza, Inacay and Jayme

and Mrs. Malabed

FEDERAL ELECTION COMMISSIONWASHINCTQ\ DC 04hl

MEMORANDUM TO:

FROM:

DATE:

SUBJECT:

LAWRENCE M. NOBLEACTING GENERAL COUNSEL

MARJORIE W. EMMON S/JOSHUA MCFADD4-"

OCTOBER 15, 1987

OBJECTION TO MUR 2453 - First G.C.. ReportSigned October 14, 1987

The above-captioned document was circulated to the

Commission on Wednesday, October 14, 1987 at 4:00 P.m.

Objections have been received from the Commissioners

as indicated by the name(s) checked:

Commissioner

Commissioner

Commissioner

Commissioner

Commissioner

Commissioner

Aikens

Elliott

Josef iak

McDonald

McGarry

Thomas

This matter will be placed on the Executive Session

agenda for October 20, 1987.

Please notify us who will represent your Division

before the Commission on this matter.

0

0

x

0

FEDERAL ELECTION COMMISSIONWASHINC rON DC 0~4hl

MEMORANDUM TO:

FROM:

DATE:

SUBJECT:

LAWRENCE M. NOBLEACTING GENERAL COUNSEL

MARJORIE W. EMM4ONS /JOSHUA MCFADkIN//j

OCTOBER 16, 1987

OBJECTIONS TO MUR 2453 - FIRST G.C. REPORTSIGNED OCTOBER 14, 1987

The above-captioned document was circulated to the

Commission on Wednesday, October 14, 1987 at 4:00 P.M.

Objections have been received from the Commissioners

as indicated by the name(s) checked:

Commissioner

Commissioner

Commissioner

Commissioner

Commissioner

Commissioner

Aikens

Elliott

Josef iak

McDonald

McGa rry

Thomas

This matter will be placed on the Executive Session

agenda for October 20, 1987.

Please notify us who will represent your Division

before the Commission on this matter.

x

x

FEDERAL ELECTION COMMISSIONWASHINCrON D C .'04h

MEMORANDUM TO:

FROM:

DATE:

SUBJECT:

LAWRENCE M. NOBLEACTING GENERAL COUNSEL

MARJORIE W. EMMONS /JOSHUA MCFADDENq//

OCTOBER 16, 1987

OBJECTIONS TO MUR 2453 - First G. C. ReportSigned October 14, 1987

The above-captioned document was circulated to the

Commission on Wednesday, October 14, 1987 at 4:00 P.M.

Objections have been received from the Commissioners

as indicated by the name(s) checked:

Commissioner

Commi ssi one r

Commissioner

Commissioner

Commissioner

Commissioner

Aikens

Elliott

Josef iak

McDonald

McGarry

Thomas

This matter will be placed on the Executive Session

agenda for October 20, 1987.

Please notify us who will represent your Division

before the Commission on this matter.

x

x

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of )

Leonilo Malabed, MR25Ferdinand Marcos, )and Fabian Ver)

CERTIFICATION

I, Mary W. Dove, recording secretary for the Federal Election

Commission executive session on October 20, 1987, do hereby certify

that-the Commission decided by a vote of 5-0 to take the following

aactions on MUR 2453:1. Take no action at this time regarding the General

Counsel's recommendation to find reason to believeo that Ferdinand Marcos violated 2 U.S.C. § 441e and

§ 441f.

2. Find reason to believe that Leonilo Malabed violated2 U.S.C. § 441f.

3. Take no action at this time regarding the GeneralCounsel's recommendation to find reason to believethat Fabian Ver violated 2 U.S.C. § 441e and § 441f.

4. Approve and send the letter with interrogatoriesattached to the First General Counscel's Report datedOctober 14, 1987, to Leonilo Malabed, and authorizethe taking of his deposition.

5. Approve and issue the subpoena and letter toBonifacia Gillego attached to the First GeneralCounsel's Report dated October 14, 1987.

6. Approve and issue the orders and letters attached tothe First General Counsel's Report dated October 14,1987, to Messrs. Esperanza, Inacay and Jayme andMrs. Malabed, and authorize the taking of theirdepositions.

Federal Election CommissionCertification for HMU 2453October 21, 1987

Page 2

Commissioners Aikens, Elliott, Josefiak, McGarry, and Thomas

voted affirmatively for the decision. Commissioner McDonald did

not cast a vote.

Attest:

Mary .1 DoveAdiistrative Assistant

010 Date

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of )) MUR 2453

Leonilo Malabed, )Ferdinand Marcos, )and Fabian Ver)

AMENDED CERTIFICATION

I, Mary W. Dove, recording secretary for the Federal Election

Commission executive session on October 20, 1987, do hereby certify

that the Commission decided by a vote of 5-0 to take the following

actions on MIJR 2453:

0% 1. Take no action at this time regarding the GeneralCounsel's recommendation to find reason to believethat Ferdinand Marcos violated 2 U.S.C. § 441e and§441f.

032. Find reason to believe that Leonilo Malabed violated

2 U.S.C. § 441f.

3. Take no action at this time regarding the GeneralC-4 Counsel's recommendation to find reason to believe

that Fabian Ver violated 2 U.S.C. § 441e and § 441f.V.

C'1144. Authorize the taking of the depositon of LeoniloC Malabed.

5. Approve and issue the subpoena and letter toBonifacio Gillego attached to the First GeneralCounsel's Report dated October 14, 1987.

6. Authorize the taking of depositions of Messrs. Esperanza,

Inacay and Jayme and Mrs. Malabed.

Commissioners Aikens, Elliott, Josefiak, McGarry, and Thomas voted

affirmatively for the decision. Commissioner McDonald did not cast a

vote.

Attest:

Date rW.DvAdministrative Assistant

FEDERAL ELECTION COMMISSIONWASHINGTON. D.C. 20463

6 Novenber 1987

Staff Sergeant BayneJudge Advocate's officeAttn: Criminal Law BranchPresidio of San Francisco, CA 94129

RE: Depositions in MUR 2453

Dear SSG Bayne:

V Thank you for your assistance in arranging space for theholding of depositions in our matter t4UR 2453. These depositions

01 will be held the week of December 7 through 11, 1987. Shouldthere be any changes in that schedule we will advise you. If you

N have any questions or require further information, please contacteither Celia L. Jacoby or Patty Reilly, the attorneys involved in

0 these depositions, at (202) 376-5690. Again, our appreciation to- you and Captain Littleton.

Sincerely,

o Lawrence M. NobleGeneral Counsel

BY: Lois G. LernerAssociate General Counsel

A-~

A

~ U

FEDERAL ELECTION COMMISSIONWASHINGTON, D.C. 20463

November 18, 1987

LIEMORANDUM

The Commission

Lawrence M. NobleGeneral Counsel

SUBJECT: MUR 2453 - Malabed

On October 20, 1987, the Commission approved the issuanceof subpoenas for taking depositions in MUR 2453. Attachedhereto for your information are requests for production inconnection with those depositions.

AttachmentsSubpoenas (5)

TO:

FROM:

~?tI Pflt~~

FEDERAL ELECTION COMMISSIONWASHINGTON. D.C. 20463

MEMORANDUM TO:

FROM:

DATE:

SUBJECT:

LAWRENCE M. NOBLEGENERAL COUNSEL

MARJORIE W. EMMONS /SUSAN GREENLEE S CG.NOVEMBER 20, 1987

MUR 2453 - GENERAL COUNSEL'S MEMORANDUM TOTHE COMMISSIONDATED NOVEMBER 18, 1987

The above-captioned matter was received in the Office

of the Secretary of the Commission Wednesday, November 18,

1987, at 2:25 P.M. and circulated to the Commission on a

24-hour no-objection basis Thursday, November 19, 1987

at 11:00 A.M.

There were no objections received in the Office of

the Secretary of the Commission on the General Counsel's

Memorandum to the Commission at the time of the deadline.

0

FEDERAL ELECTION COMMISSIONWASHINGTON, D.C. 2W43

24 tvier1987

CERTIFIED MAILRETURN RECEIPT REQUESTED

Demetrio Jayme100 California StreetSuite 1060

N San Francisco, California 94111

RE: MUR 2453

Dear Mr. Jayme:

The Federal Election Commission has the statutory duty of- enforcing the Federal Election Campaign Act of 1971, as amended,

and Chapters 95 and 96 of Title 26, United States Code. TheCommission has issued the attached subpoena, which requires you

o to appear and give sworn testimony on Friday, December 11, 1987,at the federal courtroom at the Presidio in San Francisco,

17 California in connection with an investigation it is conducting.The Commission does not consider you a respondent in this matter,

O but rather a witness only.

Because this information is being sought as part of anCC investigation being conducted by the Commission, the

confidentiality provision of 2 U.S.C. S 437g(a) (12) (A) applies.That section prohibits making public any investigation conductedby the Commission without the express written consent of theperson with respect to whom the investigation is made. You areadvised that no such consent has been given in this case.

You may consult with an attorney and have an attorn~eypresent with you at the deposition. If you intend to be sorepresented, please advise us of the name and address of yourattorney prior to the date of the deposition.

Pursuant to 11 C.F.R. S 111.14, a witness summoned by theCommission shall be paid $30.00, plus mileage at the rate of 20.5cents per mile. You will be given a check for your witness feeand mileage at the time of the deposition.

-2-

Please confirm your scheduled appearance with Celia Jacobyon our toll free line (800/424-9530) within two days of yourreceipt of this notification.

If you have any questions, please direct them to Celia L.Jacoby, the attorney handling this matter, at (202) 376-5690.

awrence M. ANobleGeneral Counsel

EnclosureSubpoena

0D

0V

BEFORE THE FEDERAL ELECTION COMMISSION

in the Matter of)

MUR 2453

SUBPOENA

To: Demetrio Jayme100 California StreetSuite 1060San Francisco, California 904111

Pursuant to 2 U.S.C. S 437d(a) (3), and in furtherance of its

investigation in the above-captioned matter, the Federal Election

al, Commission hereby subpoenas you to appear for deposition with

V. regard to various political contributions and elxpenditures made

(4 by you and the Mabuhay Corporation during calendar years 1979

o through 1981. Notice is hereby given that the deposition is to

be taken on Friday, December 11, 1987 at the federal courtroom at

the Presidio in San Francisco, California, beginning at 10 a.m.

and continuing each day thereafter as necessary.

Further, pursuant to 2 U.S.C. § 437d(a) (3), you are hereby

subpoenaed to produce the documents listed on the attachment to

this subpoena. Legible copies which, where applicable, show both

sides of the documents, may be substituted for originals. The

documents must be submitted to the Office of the General Counsel,

Federal Election Commission, 999 E Street, N.W., Washington, D.C.

by December 7, 1987.

-2-0

WHEREFORE, the Chairman of the Federal Election Commission

has hereunto set his hand at Washington, D.C., this ZiadLday of

v 1987.

Scot E0 as, soCirmanFederal Election Commission

Secrew~ ry to the Commission

AttachmentDocuments Request (1 page)

--RXIV40

FND3ML 3LECY!ON COMMISSION

Attachment to Subpoena

Please produce in their entirety the following:

1. A copy (front and back) of each check, money order orother instrument with vhich you made a contribution toor an expenditure on behalf of any of the followingduring 1979, 1980 and 1981:

Diane FeinsteinQuentin KoppLarry AseraLeo McCarthyAlan CranstonJimmy CarterRonald ReaganCarter-Mondale Presidential CommitteeAny other political candidate or committee

2. All documents and materials concerning meetings,discussions or other communications between yourself

0 and any official, employee, staff member, director orO agent of the Mabuhay Corporation concerning

contributions to or expenditures on behalf of anycandidate or political committee listed in item 1 above

o during 1979, 1980 and 1981.

3. All documents and materials in your possessionconcerning meetings, discussions, correspondence orother communications concerning contributions to or

o expenditures on behalf of any candidate or politicalcommittee listed in item 1 above during 1979, 1980 and

V 1981.

o4. All articles of incorporation, bylaws, rules,regulations, procedural materials, policy statements,governing instruments or other documentation of the

cc policies, procedures, business practices and purposesof the Mabuhay Corporation.

5. The name, address and telephone number of each officerand employee of the Mabuhay Corporation.

6. All documents and other materials which reflect or inany way concern the receipt of currency or othercurrent funds transferred or in any way transmittedfrom any source in the Philippines to the MabuhayCorporation or any of its directors, officers andagents during 1979, 1980 and 1981.

INSTRUCT'IONS

In answering this request for production of documents,furnish all documents, however obtained, including hearsay, thatis in possession of, known by or otherwise available to you,including documents and information appearing in your records.

Should you claim a privilege with respect to any documents,communications, or other items about which information isrequested by any of the following requests for production ofdocuments, describe such items in sufficient detail to provideJustification for the claim. Each claim of privilege mustspecify in detail all the grounds on which it rests.

Unless otherwise indicated, the discovery requests shallrefer to the time period from January 1, 197.0 to January 1, 1982,inclusive.

The following requests for production of documents areN continuing in nature so as to require you to file supplementary

responses or amendments during the course of this investigationo if you obtain further or different information prior to or duringthe pendency of this matter. Include in any supplementalproductions of documents the date upon which and the manner in

o3 which such further or different information came to yourattention.

DEFINITIONS

For the purpose of these discovery requests, including theinstructions thereto, the terms listed below are defined asf ollovi:

"You" shall mean~ the named respondent in this action to whomthese discovery requests are addressed, including all officers,employees, agents or attorneys thereof.

"Persons* shall be deemed to include both singular andplural, and shall mean any natural person, partnership,committee, association, corporation, or any other type oforganization or entity.

"Document" shall mean the original and all non-identicalcopies, including drafts, of all papers and records of every typein your possession, custody, or control, or known by you toexist. The term document includes, but is not limited to books,letters, contracts, notes, diaries, log sheets, records of

o telephone communications, transcripts, vouchers, accountingstatements, ledgers, checks, money orders or other commercialpaper, telegrams, telexes, pamphlets, circulars, leaflets,

o reports, memoranda, correspondence, surveys, tabulations, audioand video recordings, drawings, photographs, graphs, charts,

- diagrams, lists, computer print-outs, and all other writings andother data compilations from which information can be obtained.

C) ~ "Identify" with respect to a document Th1all mean state the

0 nature or type of document (e.g., letter, memorandum), the date,

if any, appearing thereon, the date on which the document was

prepared, the title of the document, the general subject matterC of the document, the location of the document, the number of

an pages comprising the document.

CC "Identify" with respect to a person shall mean state thefull name, the most recent business and resi'pnce addresses andtelephone numbers, the present occupation or positi'n of suchperson, the nature of the connection or association that personhas to any party in this proceeding. if the person to beidentified is not a natural person, provide the legal and tradenames, the address and telephone number, and the full. names of

both the chief executive officer and the agent designated toreceive service of process for such person.

"And" as well as "or" shall be construed disjunctively orconjunctively as necessary to bring within the scope of theseinterrogatories and requests for the production of documents anydocuments and materials which may otherwise he construed to beout of their scope.

FEDERAL E LECTION: COMMISS5IONWSHINGTON, D.C. 20M3

24 Nbverber 1987

CERTIFIED MAILRETURN RECEIPT REQUESTED

Romeo A. Esperanza717 Edge LaneLos Atlos, California 94022

RE: ?4UR 2453,

Dear Mr. Esperanza:

o The Federal Election Commission has the statutory duty ofenforcing the Federal Election Campaign Act of 1971, as amended,and Chapters 95 and 96 of Title 26, United States Code. TheCommission has issued the attached subpoena, which requires youto appear and give sworn testimony on Friday, December 11, 1987,

CD at the federal courtroom at the Presidio in San Francisco,California in connection with an investigation it is conducting.The Commission does not consider you a respondent in this matter,but rather a witness only.

all% Because this information is being sought as part of aninvestigation being conducted by the Commission, the

ccconfidentiality provision of 2 U.S.C. S 437g(a) (12) (A) applies.That section prohibits making public any investigation conductedby the Commission without the express written consent of theperson with respect to whom the investigation is made. You areadvised that no such consent has been given in this case.

You may consult with an attorney and have an attorneypresent with you at the deposition. If you intend to be sorepresented, please advise us of the name and address of yourattorney prior to the date of the deposition.

Pursuant to 11 C.F.R. S 111.14, a witness summoned by theCommission shall be paid $30.00, plus mileage at the rate of 20.5cents per mile. You will be given a check for your witness feeand mileage at the time of the deposition.

-2-

please confirm your scheduled appearance with Celia Jacoby

on our toll free line (*00/424-9530) within two days of your

receipt of this notification.

if you have any questions, please direct them to Celia L.

Jacoby, the attorney handling this matter, at (202) 376-5690.

-Lawrence M4. NobleGeneral Counsel

EnclosureSubpoena

BEFORE THE FEDERAL ELECTION COMMNISSION

In the Matter of)

) M4UR 2453

SUBPOENA

To: Romeo A. EsperanzaDirector, Mabuhay Corporation717 Edge LandLos Atlos, California 94022

Pursuant to 2 U.S.C. 5 437d(a) (3), and in furtherance of its

investigation in the above-captioned matter, the Federal Election

-0 Commission hereby subpoenas you to appear for deposition with

o regard to various political contributions and expenditures made

by you or the Mabuhay Corporation during calendar years 1979

0 through 1981. Notice is hereby given that the deposition is to

be taken on Friday, December 11, 1987 at the federal courtroom at

the Presidio in San Francisco, California, beginning at 3 p.m.

and continuing each day thereafter as necessary.

o Further, pursuant to 2 U.S.C. 9 437d(a) (3), you are hereby

subpoenaed to produce the documents listed on the attachment to

cr this subpoena. Legible copies which, where applicable, show both

sides of the documents, may be substituted for originals. The

documents must be submitted to the Office of the General Counsel,

Federal Election Commission, 999 E Street, N.W., Washington, D.C.

by December 7, 1987.

-2-

WHEREFORE? the Chairman of the Federal E190tiofl Commission

has hereunto set his hand at Washington,, D. C., this .2aday of

~44~ ,1987.

sot 3.T o ChirmanFederal 3lection Commission

ATTEST:_

Secretary to the Commission

AttachmentDocuments Request (1 page)

Go

0

FEDERAL ZLUC'FO3 COfE4SS!OI

Attachment to Subpoena

Please produce in their entirety the following:

1. A copy (front and back) of each check, money order orother instrument with which you made a contribution toor an expenditure on behalf of any of the followingduring 1979, 1980 and 1981:

Diane FeinsteinQuentin KoppLarry AseraLeo McCarthyAlan CranstonJimmy CarterRonald ReaganCarter-Mondale Presidential CommitteeAny other political candidate or committee

2. All documents and materials concerning meetings,discussions or other communications between yourselfand any official, employee, staff member, director or

o agent of the Mabuhay Corporation concerningcontributions to or expenditures on behalf of anycandidate or political committee listed in item 1 above

o during 1979, 1980 and 1981.

3. All documents and materials in your possessionconcerning meetings, discussions, correspondence orother communications concerning contributions to or

o expenditures on behalf of any candidate or politicalcommittee listed in item 1 above during 1979, 1980 and1981.

o4. All articles of incorporation, bylaws, rules,regulations, procedural materials, policy statements,governing instruments or other documentation of the

at policies, procedures, business practices and purposesof the Mabuhay Corporation.

5. The name, address and telephone number of each officerand employee of the Mabuhay Corporation.

6. All documents and other materials which reflect or inany way concern the receipt of currency or othercurrent funds transferred or in any way transmittedfrom any source in the Philippines to the MabuhayCorporation or any of its directors, officers andagents during 1979, 1980 and 1981.

INSTRUCTIONIS

In answering this request for production of documents,furnish all documents, however obtained, including hearsay, that

is in possession of, known by or otherwise available to you,including documents an information appearing in your records.

Should you claim a privilege with respect to any documents,communications, or other items about which information isrequested by any of the following requests for production ofdocum~ents, describe such items in sufficient detail to provideJustification for the claim. Each claim of privilege mustspecify in detail all the grounds on which it rests.

Unless otherwise indicated, the discovery requests shallrefer to the time period from January 1, 19790 to January 1, 1982,inclusive.

The following requests for production of documents arecontinuing in nature so as to require you to file supplementaryresponses or amendments during the course of this investigation

o if you obtain further or different information prior to or duringthe pendency of this matter. Include in any supplementalproductions of documents the date upon which and the manner in

o which such further or different information came to yourattention.

DEFINITIONS

For the purpose of these discovery requests, including theinstructions thereto, the terms listed below are defined asfollow.:

"You* shall mean the named respondent in this action to whomthese discovery requests are addressed, including all officers,employees, agents or attorneys thereof.

"Persons" shall be deemed to include both singular andplural, and shall mean any natural person, partnership,committee, association, corporation, or any other type oforganization or entity.

"Document" shall mean the original and all non-identicalcopies, including drafts, of all papers and records of every typein your possession, custody, or control, or known by you to

o exist. The term document includes, but is not limited to books,letters, contracts, notes, diaries,, log sheets, .records oftelephone communications, transcripts, vouchers, accountingstatements, ledgers, checks, money orders or other commercialpaper, telegrams, telexes, pamphlets, circulars, leaflets,

o reports, memoranda, correspondence, surveys, tabulations, audioand video recordings, drawings, photographs, graphs, charts,diagrams, lists, computer print-outs, and all other writings andother data compilations from which informaticn can be obtained.

o "Identify" with respect to a document shall mean state thenature or type of document (e.g., letter, memorandum), the date,if any, appearing thereon, the date on which the document was

ON prepared, the title of the document, the general subject matterC of the document, the location of the document, the number of

pages comprising the document.

cc "Identify" with respect to a person shall mean state thefull name, the most recent business and residence addresses andtelephone numbers, the present occupation or position of suchperson, the nature of the connection or association that perscihas to any party in this proceeding. If the person to beidentified is not a natural person, provide the legal and tradenames, the address and telephone number, and the full names ofboth the chief executive officer and the agent designated toreceive service of process for such person.

"And" as well as "or" shall be construed disjunctively orconjunctively as necessary to bring within the scope of theseinterrogatories and requests for the production of documents anydocuments and materials which may otherwise be construed to beout of their scope.

MM

FEDERAL ELECTION COMMISSIONWASHINGTON. D.C. MO63

24 Novar~ 1987

CERTIFIED MAILRETURN RECEIPT REQUESTED

Leonilo L. Malabed, 14.D.145 Spring AvenueSan Francisco, California 94114

RE: MUE 2453- Leonilo L. Malabed

Dear Dr. Malabed:

0 On June 8, 1987, the Federal Election Commission notifiedyou of a complaint alleging violations of certain sections of theFederal Election Campaign Act of 1971, as amended ("the Act"). Acopy of the complaint was enclosed with that notification.

o3 Upon further review of the allegations contained in thecomplaint and information supplied by you, the Commission onOctober 20, 1987, found that there is reason to believe you

o violated 2 U.S.C. S 441t, a provision of the Act. Specificallyit appears that you may knowingly have permitted another personto make contributions in your name or have made contributions inthe name of another.

Under the Act, you have an opportunity to demonstrate thatno action should be taken against you. You may submit anyfactual or legal materials that you believe are relevant to theCommission's consideration of this matter. Please submit suchmaterials along with your response to the enclosed Subpoena toProduce Documents. All responses to the subpoena must besubmitted to the General Counsel's Office within 15 days of yourreceipt of this letter. The attached subpoena also requires youto appear and give sworn testimony on Thursday,, December 10, 1987at the federal courtroom at the Presidio in San Francisco,California.

You may consult with an attorney and have an attorney assistyou in the preparation of your responses to this subpoena. Ifyou intend to be represented by counsel, please advise theCommission by completing the enclosed form stating the name,address, and telephone number of such counsel, and

-2-

authorizing such counsel to receive any notifications or othercommunications from the Commission.

In the absence of any additional information whichdemonstrates that no further action should be taken against you,the Commission may find probable cause to believe that aviolation has occurred and proceed with conciliation.

If you are interested in pursuing pre-probable causeconciliation, you should so request in writing. See 11 C.F.R.S 111.18(d). Upon receipt of the request, the OfTTIce of theGeneral Counsel will make recommendations to the Commissioneither proposing an agreement in settlement of the matter orrecommending declining that pre-probable cause conciliation bepursued. The Office of the General Counsel may recommend that

N pre-probable cause conciliation not be entered into at this timeso that it may complete its investigation of the matter.

- Further, the Commission will not entertain requests for pre-probable cause conciliation after briefs on probable cause havebeen mailed to the respondent.

o Requests for extensions of time will not be routinelygranted. Requests must be made in writing at least five daysprior to the due date of the response and specific good causemust be demonstrated. In addition, the Office of the General

N Counsel ordinarily will not give extensions beyond 20 days.

0 This matter will remain confidential in accordance withV 2 U.S.C. SS 437g(a) (4) (B) and 437g(a) (12) (A), unless you notify

C."I the Commission in writing that you wish the investigation to bemade public.

cc If you have any questions, please contact Celia L. Jacoby,or the attorney assigned to this matter, at (202) 376-5690.

Sincerely,

Scott E. ThomasChairman

EnclosuresSubpoenaDesignation of Counsel Form

ZLDCTON CONMlISSIONO

Attachment to Subpona

Please produce in their entirety the following:

1. A copy (front and back) of each check, money order orother instrument with which you made a contribution toor an expenditure on behalf of any of the followingduring 1979, 1980 and 1981:

Diane FeinsteinQuentin KoppLarry AseraLeo McCarthyAlan CranstonJimmy CarterRonald ReaganCarter-Mondale Presidential CommitteeAny other political candidate or committee

2. All documents and materials concerning meetings,discussions or other communications between yourselfand any official, employee, staff member, director or

- agent of the Mabuhay Corporation concerningcontributions to or expenditures on behalf of anycandidate or political committee listed in item 1 aboveduring 1979, 1980 and 1981.

-3. All documents and materials in your possessionconcerning meetings, discussions, correspondence orother commuunications concerning contributions to orexpenditures on behalf of any candidate or political

o committee listed in item 1 above during 1979, 1980 and1981.

o4. All articles of incorporation, bylaws, rules,OD regulations, procedural materials, policy statements,

governing instruments or other documentation of thecc policies, procedures, business practices and purposes

of the Mabuhay Corporation.

5. The name, address and telephone number of each officerand employee of the Mabuhay Corporation.

6. All documents and other materials which reflect or inany way concern the receipt of currency or othercurrent funds transferred or in any way transmittedfrom any source in the Philippines to the MabuhayCorporation or any of its directors, officers andagents during 1979, 1980 and 1981.

INSTRUCTIONS

In answering this request for production of documents,furnish all documents, however obtained, including hearsay, thatis in possession oft known by or otherwise available to you,including documents and Information appearing in your records.

Should you claim a privilege with respect to any documents,communications, or other items about which information isrequested by any of the following requests for production ofdocuments, describe such items in sufficient detail to provideJustification for the claim. Each claim of privilege mustspecify in detail all the grounds on which it rests.

Unless otherwise indicated, the discovery requests shallrefer to the time period from January 1, 1970. to January 1, 1982,inclusive.

The following requests for production of documents arecontinuing in nature so as to require you to file supplementary

V, responses or amendments during the course of this Investigationif you obtain further or different information prior to or during

now the pendency of this matter. Include in anyj supplementalproductions of documents the date upon which and the manner inwhich such further or different information came to yourattention.

DEFINITION1S

For the purpose of these discovery requests, including theinstructions thereto, the terms listed belowi are defined asfollows:

"You" shall mean the named respondent in this action to whomthese discovery requests are addressed, including all officers,employees, agents or attorneys thereof.

"Persons" shall be deemed to include both singular andplural, and shall mean any natural person, partnership,committee, association, corporation, or any other type oforganization or entity.

"Document" shall mean the original and all non-identicalcopies, including drafts, of all papers and records of every typein your possession, custody, or control, or known by you toexist. The term document includes, but is not limited to books,letters, contracts, notes, diaries, log sheets, records of

- telephone communications, transcripts, vouchers, accountingstatements, ledgers, checks, money orders or other commercialpaper, telegrams, telexes, pamphlets, circulars, leaflets,reports, memoranda, correspondence, surveys, tabulations, audio

o and video recordings, drawings, photographs, graphs, charts,diagrams, lists, computer print-outs, and all other writings andother data compilations from which information can be obtained.

"Identify" with respect to a document f--all mnean state theo nature or type of document (e.g., letter, memorandum), the date,

if any, appearing thereon, the date on which the document wasprepared, the title of the document, the general subject matter

CD of the document, the location of the document, the number ofpages comprising the document.

CC "Identify" with respect to a person shall miean state thefull name, the most recent business and res:,2dnce addresses andtelephone numbers, the present occupation or positlvn of suchperson, the nature of the connection or association that personhas to any party in this proceeding. if the person to beidentified is not a natural person, provide the legal and tradenames, the address and telephone number, and the full names ofboth the chief executive officer and the agent designated toreceive service of process for such person.

"And" as well as "or' shall be construed disjunctively orconjunctively as necessary to bring within the scope of theseinterrogatories and requests for the production of documents anydocuments and materials which may otherwise he construed to beout of their scope.

FEDERAL ELECTION COMMISSIONWASHINGTON, D.C. 2463

is T 24 Iftvotber 1987

CERTIFIED MAILRETURN RECEIPT REQUESTED

Patrice Malabed145 Mt. Spring AvenueSan Francisco, California 94114

RE: MUR 2453

Dear Mrs. Malabed:

The Federal Election Commission has the statutory duty of0 enforcing the F,.-dera1 Election Campaign Act of 1971, as amended,

- and Chapters 95 and 96 of Title 26, United States Code. TheCommission has issued the attached subpoena, which requires you

N to appear and give sworn testimony on Thursday, December 10,1987, at the federal courtroom at the Presidio in San Francisco,

o California in connection with an investigation it is conducting.The Commission does not consider you a respondent in this matter,but rather a witness only.

Because this information is being sought as part of aninvestigation being conducted by the Commission, the

ccconfidentiality provision of 2 U.S.C. S 437g(a) (12) (A) applies.That section prohibits making public any investigation conductedby the Commission without the express written consent of theperson with respect to whom the investigation is made. You areadvised that no such consent has been given in this case.

You may consult with an attorney and have an attorneypresent with you at the deposition. If you intend to be sorepresented, please advise us of the name and address of yourattorney prior to the date of the deposition.

Pursuant to 11 C.F.R. S 111.14, a witness summoned by theCommission shall be paid $30.00, plus mileage at the rate of 20.5cents per mile. You will be given a check for your witness feeand mileage at the time of the deposition.

-2-

Please confirm your scheduled appearance with Celia Jacobyon our toll ftee line (800/424-9530) within two days of yourreceipt of this notif ication.

If you have any questionsr please direct them to Celia L.Jacoby, the attorney handling this matter, at (202) 376-5690.

EnclosureSubpoena

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of)

) MUR 2453

SUBPOENA

To: Patrice Malabed145 Mt. Spring AvenueSan Francisco, California 94111

Pursuant to 2 U.S.C. S 437d(a) (3), and in furtherance of its

investigation in the above-captioned matter, the Federal Election

Commission hereby subpoenas you to appear for deposition with

0 regard to various political contributions and expenditures made

by you during calendar years 1979 through 1981.- Notice is hereby

given that the deposition is to be taken on Thursday, December

10, 1987 at the federal courtroom at the Presidio in San

Francisco, California, beginning at 1 p.m. and continuing each

CD day thereafter as necessary.

Further, pursuant to 2 U.S.C. S 437d(a) (3), you are hereby

C subpoenaed to produce the documents listed on the attachment to

tr this subpoena. Legible copies which, where applicable, show both

CC sides of the documents, may be substituted for originals. The

documents must be submitted to the Office of the General Counsel,

Federal Election Commission, 999 E Street, N.W., Washington, D.C.

by December 7, 1987.

WHEREFORE, the Chairman of the Federal Election Commuission

has hereunto set his hand at Washington, D.C., this Ltday of

, 1987.

TUC"$ Cairan

Federal Election Commission

ATTEST.--

W, 010,

Marjor W. EmmonsSecrettyvco the Commission

AttachmentDocuments Request (1 page)

V^-O

FELDUML: 3LXMYOX CONRION

Attachiu~nt to SUbpina

Please produce in their entirety the following:

1. A copy (front and back.) of each check, money order orother instrument with whi ,ch you made a contribution toor an expenditure on behalf of any of the followingduring 1979, 1980 and 1981:

Diane FeinsteinQuentin KoppLarry AseraLeo McCarthyAlan CranstonJimmy CarterRonald ReaganCarter-Mondale Presidential CommitteeAny other political candidate or committee

02. All documents and materials relating to meetings,

C4 discussions or other communications between yourselfand any official, employee, staff member, director oragent of the Mabuhay Corporation concerningcontributions to or expenditures on behalf of any of

o the political candidates or committees listed in item 1__ above during 1979, 1980 and 1981.

INSTRUCTIONS

In answering this request for production of documents,furnish all "documents, however obtained, including hearsay, thatis in possession of, known by or otherwise available to you,including documents and information appearing in your records.

Should you claim a privilege with respect to any documents,communications, or other items about which information isrequested by any of the following requests for production ofdocuments, describe such items in sufficient detail to provideJustification for the claim. Each claim of privilege mustspecify in detail all the grounds on which it rests.

Unless otherwise indicated, the discovery requests shallrefer to the time period from January 1, 197.0 to January 1, 1982,inclusive.

The following requests for production of documents arecontinuing in nature so as to require you to file supplementaryresponses or amendments during the course of this investigationif you obtain further or different information prior to or duringthe pendency of this matter. Include in any supplementalproductions of documents the date upon which and the manner inwhich such further or different information came to your

o attention.

C)

Go

-7 _RIF,1 717-1 WN

DEFINITIONS

For the purpose of these discovtry requests, including theinstructions thereto, the terms listed below are defined asfollows:

*You" shall mean the named respondent in this action to whomthese discovery requests are addressed, including all officers,employees, agents or attorneys thereof.

"Persons" shall be deemed to include both singular andplural, and shall mean any natural person, partnership,commuittee, association, corporation, or any other type oforganization or entity.

"Document" shall mean the original and all non-identicalcopies, including drafts, of all papers and records of every typein your possession, custody, or control, or known by you toexist. The term document includes, but is not limited to books,

N letters, contracts, notes, diaries, log sheets, records of%1 telephone communications, transcripts, vouchers, accounting

statements, ledgers, checks, money orders or other commercialM paper, telegrams, telexes, pamphlets, circulars, leaflets,

reports, memoranda, correspondence, surveys, tabulations, audioo and video recordings, drawings, photographs, graphs, charts,diagrams, lists, computer print-outs, and all other writings andother data compilations from which informati.n can be obtained.

"Identify" with respect to a document 7Thall mean state theo nature or type of document (e.g., letter, memorandum), the date,

1W if any, appearing thereon, the date on which, the document wasprepared, the title of the document, the general subject matter

CD of the document, the location of the document, the number ofpages comprising the document.

"Identify" with respect tc a person shall m~ean state thefull name, the most recent business and residence addresses andtelephone numbers, the present occupation or position of suchperson, the nature of the connection or association that personhas to any party in this proceeding. If the person to beidentified is not a natural person, provide the legal and tradenames, the address and telephone number, and the full names ofboth the chief executive officer and the agent designated toreceive service of process for such person.

"And" as well as "or" shall be construed disjunctively orconjunctively as necessary to bring within the scope of theseinterrogatories and requests for the production of documents anydocuments and materials which may otherwise be construed to beout of their scope.

FEDERAL ELECTION COMMISSIONWASHINGTON, D.C. 2043

24 ,V'X-.tV~er 1987

CERTIFIED MAILRETURN RECEIPT REQUESTED

Bonifacio GillegoCommission on Good GovernmentConsulate General of the PhilippinesNew York, New York

RE: MUR 2453

CV Dear Mr Gillego:

The Federal Election Commission has the statutory duty of

enforcing the Federal Election Campaign Act of 1971, as amended,0 and Chapters 95 and 96 of Title 26, United States Code. The

Commission has issued the attached subpoena, which requires youto appear and give sworn testimony on December 17, 1987, at 999

E Street, N.W., Washington, D.C. in connection with aninvestigation It is conducting. The Commission does not consider

o7 you a respondent in this matter, but rather a witness only.

qT Because this information is being sought as part of an

C:! investigation being conducted by the Commission, theconfidentiality provision of 2 U.S.C. S 437g(a) (12) (A) applies.

n That section prohibits making public any investigation conductedby the Commission without the express written consent of the

cc person with respect to whom the investigation is made. You are

advised that no such consent has been given in this case.

You may consult with an attorney and have an attorneypresent with you at the deposition. If you intend to be sorepresented, please advise us of the name and address of yourattorney prior to the date of the deposition.

Pursuant to 11 C.F.R. S 111.14, a witness summoned by theCommission shall be paid $30.00, plus mileage at the rate of 20.5

cents per mile. You will be given a check for your witness fee

and mileage at the time of the deposition.

Please confirm your scheduled appearance with Celia Jacobyon our toll free line (800/424-9530) within two days of yourreceipt of this notification.

4m2-

if you hav. any questilons, please direct theg to Celia L.Jacoby, the attorney handling this m Iatter, at (202) 376-5690.

Si t~C@rely,

EnclosureSubpoena

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of)

) MUR 2453

SUBPOENA

To: Bonifacio GillegoCommission on Good GovernmentConsulate General of the PhilippinesNew York, New York

Pursuant to 2 U.S.C. 5 437d(a) (3), and in furtherance of its

investigation in the above-captioned matter, the Federal Election

CV Commission hereby subpoenas you to appear for deposition with

regard to your declaration, dated May 22,, 1986,, on behalf of the

o Estate of Silme G. Domingo, et al. Notice is hereby given that

- the deposition is to be taken on December 17, 1987, in Room 651

at 999 E Street, N.W., Washington, D.C., beginning at 10 a.m. and

0continuing each day thereafter as necessary.

Further, pursuant to 2 U.S.C. S 437d(a) (3), you are hereby

subpoenaed to produce the documents listed on the attachment to

cc, this subpoena. Legible copies which, where applicable, show both

sides of the documents, may be substituted for originals. The

documents must be submitted to the Office of the General Counsel,

Federal Election Commission, 999 E Street, N.W., Washington, D.C.

by December 7, 1987.

WHEREFORE, the Chairman of the Fe~deza3 Election Commission

has hereunto set his hand at Washingtonl*-D.C., .this day of

l1987. 0a m~

Federal Election Commission

Attachment10 Documents Request (one page)

C',

0

0O

qCm

IED3AL ELUCYION COMISSION

Attachment to Subpoena

1. Please provide a copy, certified as authentic, of theMabuhay Corporation Statement of Expenses (the "tMabuhaySttementf).

2. Please provide a copy of any other document which you hold,is known or otherwise available to you, which refers to,explains or otherwise relates to the Mabuhay Statement.

3. Please provide a copy of any document which you hold, isknown or available to you, which evidences the transfer ofcurrency or other current funds from the Republic of thePhilippines to Dr. Leonilo Malabed or the MabuhayCorporation.

N 4. Please provide a copy of any report, memorandum or otherdocument which you have written or prepared, or had writtenor prepared, to analyze, discuss or otherwise describe theMabuhay Statement.

0

in answering this request for production of documents,furnish all documents and other information, however obtained,including hearsay, that is In possession of, known by orotherwise available to you, including documents and informationappearing in your records.

Should you claim a privilege with respect to any documents,communications, or other items about which information isrequested by any of the following interrogatories and requestsfor production of documents, describe such items in sufficientdetail to provide justification for the claim. Each claim ofprivilege must specify in detail all the grounds on which itrests.

The following requests for production of documents arecontinuing in nature so as to require you to file supplementary

0O responses or amendments during the course of this investigationif you obtain further or different information prior to or duringthe pendency of this matter. Include in any supplemental answersthe date upon which and the manner in which such further ordifferent information came to your attention.

DEFINITIONS

For the purpose of these discovery requests, including the

instructions thereto, the terms listed below are defined asfollows:

"You" shall mean the named individual to whom thesediscovery requests are addressed, including all officers,employees, agents or attorneys thereof.

"Document" shall mean the original and all non-identicalcopies, including drafts, of all papers and records of every type

in your possession, custody, or control, or known by you to

exist. The term document includes, but is not limited to books,letters, contracts, notes, diaries, log sheets, records of

telephone communications, transcripts, vouchers, accountingstatements, ledgers, checks, money orders or other commercialpaper, telegrams, telexes, pamphlets, circulars, leaflets,

reports, memoranda, correspondence, surveys, tabulations, audio

and video recordings, drawings, photographs, graphs, charts,diagrams, lists, computer print-outs, and all other writings and

other data compilations from which information can be obtained.

"And" as well as "or" shall be construed disjunctively or0 conjunctively as necessary to bring within the scope of these

- interrogatories and requests for the production of documents any

documents and materials which may otherwise be construed to beN out of their scope.

FEDERAL ELECTION COMMISSIONWASHINGTON.; X. 20463

24 ~vu~der 1987

CERTIFIED MAILRETURN RECEIPT REQUESTED

Zoilo R. Inacay565 Junipero Serra BoulevardSan Francisco, CA 94127

0 RE: MUll 2453

Dear Mr. Inacay:

The Federal Election Commission has the statutory duty ofenforcing the Federal Election Campaign Act of 1971, as amended,- and Chapters 95 and 96 of Title 26, United States Code. The

Commission has issued the attached subpoena, which requires youN to appear and give sworn testimony on Friday, December 11, 1987,0 at the federal courtroom at the Presidio in San Francisco,o California in connection with an investigation it is conducting.

The Commission does not consider you a respondent in this matter,but rather a witness only.

Because this information is being sought as part of aninvestigation being conducted by the Commission, the

C. confidentiality provision of 2 U.S.C. S 437g(a) (12) (A) applies.That section prohibits making public any investigation conductedby the Commission without the express written consent of theperson with respect to whom the investigation is made. You areadvised that no such consent has been given in this case.

You may consult with an attorney and have an attorneypresent with you at the deposition. If you intend to be sorepresented, please advise us of the name and address of yourattorney prior to the date of the deposition.

Pursuant to 11 C.F.R. S 111.14, a witness summoned by theCommission shall be paid $30.00, plus mileage at the rate of 20.5cents per mile. You will be given a check for your witness feeand mileage at the time of the deposition.

-2-

Plea* VOttfirs your scheduled appearance with Celia Jacobyon Iwr t @ l (0/44950 within two days of your

receipt of this notification.

If .you have any questions# please direct them to Celia L.

Jacoby, the attorney handling this matter, at (202) 376-5690.

Geea Coune

EnclosureSubpoena

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of)

M4UR 2453

SUBPOENA

TO: -Zoilo R. InacayDirector, Mabuhay Corporation565 Junipero Serra BoulevardSan Francisco, California 94127

Pursuant to 2 U.S.C. 5 437d(a) (3), and in furtherance of its

investigation in the above-captioned matter, the Federal Election

Commission hereby subpoenas you to appear for deposition with

regard to various political contributions or expenditures which

you and the Mabuhay Corporation may have made during calendar

o years 1979 through 1981. Notice is hereby given that the

deposition is to be taken on Friday, December 11, 1987 at the

federal courtroom at the Presidio in San Francisco, California,

0 beginning at 1 p.m., and continuing each day thereafter as

necessary.

Cr Further, pursuant to 2 U.S.C. § 437d(a) (3), you are hereby

Cr. subpoenaed to produce the documents listed on the attachment to

this subpoena. Legible copies which, where applicable, show both

sides of the documents, may be substituted for originals. The

documents must be submitted to the Office of the General Counsel,

Federal Election Commission, 999 E Street, N.W., Washington, D.C.

by December 7, 1987.

-M2-

WHEREFORE, the Chairman of the Federal Election Commission

has hereunto set his hand at Washington, D.C., this 204( day of

,1987.

Scott S. Thomas,, ChairmanFederal Election Commission

Secretary to the Commission

AttachmentDocuments Request (1 page)

0

P-

C4

INSTRUCTIONS

in answering this request for production of documents,furnish all documents, however obtained, including hearsay, thatis in possession of, known by or otherwise available to you,including documents and information appearing in your records.

Should you claim a privilege with respect to any documents,communications, or other items about which information isrequested by any of the following requests for production ofdocuments, describe such items in sufficient detail to providejustification for the claim. Each claim of privilege mustspecify in detail all the grounds on which it rests.

Unless otherwise indicated, the discovery requests shallrefer to the time period from January 1, 19790 to January 1, 1982,inclusive.

The following requests for production of documents arecontinuing in nature so as to require you to file supplementaryresponses or amendments during the course of this investigationif you obtain further or different information prior to or duringthe pendency of this matter. Include in any supplementalproductions of documents the date upon which and the manner in

o which such further or different information came to yourattention.

DEFINITIONS

For the purpose of these discovery requests$ including theinstructions thereto, the terms listed below are defined asfollows:

"You" shall mean the named respondent in this action to whomthese discovery requests are addressed, including all officers,employees, agents or attorneys thereof.

*Persons" shall be deemed to include both singular andplural, and shall mean any natural person, partnership,committee, association, corporation, or any other type Oforganization or entity.

"Document* shall mean the original and all non-identicalcopies, including drafts, of all papers and records of every typein your possession, custody, or control, or known by you toexist. The term document includes, but is not limited to books,

r letters, contracts, notes, diaries, log sheets, records oftelephone communications, transcripts, vouchers, accountingstatements, ledgers, checks, money orders or other commercialpaper, telegrams, telexes, pamphlets, circulars, leaflets,

o reports, memoranda, correspondence, surveys, tabulations, audioand video recordings, drawings, photographs, graphs, charts,diagrams, lists, computer print-outs, and all other writings and

Nother data compilations from which informat:3n can be obtained.

o "Identify" with respect to a document :-,all mean state thenature or type of document (e.g., letter, memnorandum), the date,

'7 if any, appearing thereon, the date on which the document was

0 prepared, the title of the document, the general subject mattero of the document, the location of the document, the number of

pages comprising the document.

cc "Identify" with respect to a person shall mean state thefull name, the most recent business and res_.,ince addresses andtelephone numbers, the present occupation or positian of suchperson, the nature of the connection or association that personhas to any party in this proceeding. If the person to beidentified is not a natural person, provide the legal and tradenames, the address and telephone number, and the full names ofboth the chief executive officer and the agent designated toreceive service of process for such person.

"And" as well as "or" shall be construed disjunctively orconjunctively as necessary to bring within the scope of theseinterrogatories and requests for the production of documents anydocuments and materials which may otherwise be construed to beout of their scope.

qDWlU ZLUCTIOW COmISSIPO

Attachment to Subpona

Please produce in their entirety the following:

1. A copy (front and back) of each check, money order orother instrument with which you made a contribution toor an expenditure on behalf of any of the followingduring 1979, 1980 and 1981:

Diane FeinsteinQuentin KoppLarry AseraLeo McCarthyAlan CranstonJimmy CarterRonald ReaganCarter-Mondale Presidential CmmitteeAny other political candidate or committee

2. All documents and materials concerning meetings,discussions or other communications between yourselfand any official, employee, staff member, director or

*agent of the Mabuhay Corporation concerningcontributions to or expenditures on behalf of anycandidate or political committee listed in item 1 above

o during 1979, 1980 and 1981.

-3. All documents and materials in your possessionconcerning meetings, discussions, correspondence or

N other communications concerning contributions to or

o expenditures on behalf of any candidate or politicalcommittee listed in item 1 above during 1979, 1980 and1981.

O4. All articles of incorporation, bylaws, rules,regulations, procedural materials, policy statements,governing instruments or other documentation of the

CC policies, procedures, business practices and purposesof the Mabuhay Corporation.

5. The name, address and telephone number of each officerand employee of the Mabuhay Corporation.

6. All documents and other materials which reflect or inany way concern the receipt of currency or othercurrent funds transferred or in any way transmittedfrom any source in the Philippines to the MabuhayCorporation or any of its directors, officers andagents during 1979, 1980 and 1981.

FIEDERAL ELECTION COMMISSIONWASHINGTON. D.C. 2W43

24 Novser 1987

CEWPIFIED NhILRETURN RECEIPT REQUTED

General Fabian Ver2701 Eucalyptus AvenueLong Beach, Ch 90806

RE: NUR 2453General Fabian Ver

Dear General Ver:

On June 8, 1987, the Federal Election Commission notifiedyou of a complaint alleging violations of certain sections of theFederal Election Campaign Act of 1971, as amended (the 'Act").* A

o copy of the complaint was forwarded to you at that time.

Upon further review of the allegations contained in thecomplaint, the Commission, on October 20, 1987, determined totake no action against you at this time.

o Under the Act you have an opportunity to demonstrate that noaction should be taken against you. You may submit any factualor legal materials that you believe are relevant to the

c Commission's consideration of this matter. Please submit suchmaterials to the General Counsel's Office within 15 days ofreceipt of this letter. Where appropriate, statements should besubmitted under oath.

In the absence of any additional information demonstratingthat no further action should be taken against you, theCommission may proceed on the basis of the available information.

This matter will remain confidential in accordance with2 U.S.C. SS 437g(a) (4) (B) and 437g(a) (12) (A) unless you notifythe Commission in writing that you wish the matter to be madepublic.

If you have any questions, please contact Celia L. Jacoby,the attorney assigned to this matter, at (202) 376-8200.

Sincerely,

Scott E. ThomasChairman

FEDERAL ELECTION COMMISSIONWASHINGTON. D.C. 20463

24 Nbveifer 1987

Richard A. Hibey, RequireAnderson, Hibey, Nauheim & Blair1708 New Hampshire Avenue, N.W.Washington, D.C. 20009

RE: M4UR 2453Ferdinand E. Marcos

Dear Mr. Hibey:

On June 8, 1987, the Federal Election Commission notifiedyour client, Ferdinand R. Marcos, of a complaint allegingviolations of certain sections of the Federal Election CampaignAct of 1971, as amended (the "Act"). A copy of the complaint wasforwarded to your client at that time.

C3 Upon further review of the allegations contained in the- complaint, and information supplied by you, the Commission, on

October 20, 1987, determined to take no action against yourclient at this time.

0D Under the Act you have an opportunity to demonstrate that noaction should be taken against your client. You may submit anyfactual or legal materials that you believe are relevant to theCommission's consideration of this matter. Please submit suchmaterials to the General Counsel's Office within 15 days ofreceipt of this letter. Where appropriate, statements should besubmitted under oath.

In the absence of any additional information demonstratingthat no further action should be taken against your client, theCommission may proceed on the basis of the available information.

This matter will remain confidential in accordance with2 U.S.C. SS 437g(a) (4) (B) and 437g(a) (12) (A) unless you notifythe Commission in writing that you wish the matter to be madepublic.

If you have any questions, please contact Celia L. Jacoby,the attorney assigned to this matter, at (202) 376-5690.

Sincerely,

Scott E. ThomasChairman

FEDERAL ELECTION COMMISSIONWASHINCTON, D.C. 2063

24 0- bat~r 1987

CERTIFIED MAILRETURN RECEIPT REQUESTED

General Fabian Ve r94-1069 KahuamokoWaipahu, HI 96797

RE: MOUR 2453General Fabian Ver

0% Dear General Ver:

on June 8, 1987, the Federal Election Commission ivntifiedyou of a complaint alleging violations of certain sections of theFec'eral Election Campaign Act of 1971, as amended (the "Act").. A

o copy of the complaint was forwarded to you at that time.

- Upon further review of the allegations contained in thecomplaint, the Commission, on October 20, 1987, determined to

Ntake no action against you at this time.

o Under the Act you have an opportunity to demonstrate that no

action should be taken against you. You may submit any factualor legal materials that you believe are relevant to the

'' Commission's consideration of this matter. Please submit suchmaterials to the General Counsel's Office within 15 days ofreceipt of this letter. Where appropriate, statements should be

CC submitted under oath.

In the absence of any additional information demonstratingthat no further action should be taken against you, theCommission may proceed on the basis of the available information.

This matter will remain confidential in accordance with2 U.S.C. 5S 437g(a) (4) (B) and 437g(a) (12) (A) unless you notifythe Commission in writing that you wish the matter to be madepublic.

if you have any questions, please contact Celia L. Jacoby,the attorney assigned to this matter, at (202) 376-8200.

Sincerely,

Scott E. Thomas

Chairman

FEDERAL ELECTION COMMISSIONiE~ ~~ WASHINGTON. DC 2046302Dcier18

FEDERAL EXPRESSRETURN RECEIPT REQUESTED

Romeo A. Esperanza717 Edge LaneLOS Altos, California 94022

RE: MUR 2453

0 Dear Mr. Esperanza:

The deposition scheduled for December 11, 1987 has beenchanged to Wednesday, January 20, 1987 at 3 p.m. We haveattempted without success to reach you by telephone to inform'you

o about this change. In view of the substantial travel costsinvolved, the decision to delay resulted in part from yourfailure to confirm the scheduled date following receipt of thesubpoena and from the need to conduct all depositions in thismatter during the same period. Although the date of thedeposition has been changed, all requests for production ofdocuments must be complied with in accordance with the subpoena.

Please confirm your scheduled-appearance with Celia Jacobyon our toll free line (800/424-95301 within two days of yourreceipt of this notification. It is important that the scheduleof this deposition be discussed to avoid inconvenience to all

cc parties.

If you have any questions, please direct them to Ms. Jacoby,

the attorney handling this matter, at (202) 376-5690.

Sincerely,

Lawrence M. Noble

General Counsel

By: Lois G. LernerAssociate General Counsel

FEDERAL ELECTION COMMISSIONWASHINGTON. D.C. 204063 W 02 Denenrber 1987

FEDERAL EXPRESSRETURN RECEIPT REQUESTED

Zoilo R. Inacay565 Junipero Serra BoulevardSan Francisco, CA 94127

- RE: NOR 2453

Owl" Dear Mr. Inacay:

The deposition scheduled for December 11, 1987 has been

0 changed to Wednesday, January 20, 1987 at 1 p.m. We haveattempted without success to reach you by telephone to inform you

- about this change. In view of the substantial travel costsinvolved, the decision to delay resulted in part from yourfailure to confirm the scheduled date following receipt of thesubpoena and from the need to conduct all depositions in thismatter during the same period. Although the date of thedeposition has been changed, all requests for production of

c1*7 documents must be complied with in accordance with the subpoena.

cc Please confirm your scheduled appearance with Celia Jacobyon our toll free line (800/424-9530) within two days of your

cc receipt of this notification. It is important that the scheduleof this deposition be discussed to avoid inconvenience to allparties.

If you have any questions, please direct them to Ms. Jacoby,the attorney handling this matter, at (202) 376-5690.

Sincerely,

Lawrence M. NobleGeneral Counsel

By: Lois G. Lerner* . ~. .... .~, Ass%)cipte .. ner.41 Counsel

FEDERAL ELECTION COMMISSIONWASHINGTON, D.C. M03 if02 D~r1987

FEDERAL EXPRESSRETURN RECEIPT REQUESTED

Demetrio Jayne100 California StreetSuite 1060San Francisco, California 94111

RE: MUR 2453

Dear Mr. Jayue:

The deposition scheduled for December 11, 1987 has beenchanged to Wednesday, January 20, 1987 at 10 a.m. We have

0 attempted without success to reach you by telephone to inform youabout this change. In view of the substantial travel costs

- involved, the decision to delay resulted in part from yourfailure to confirm the scheduled date following receipt of thesubpoena and from the need to conduct all depositions in thismatter during the same period. Although the date of thedeposition has been changed, all requests for production of

IV documents must be complied with in accordance with the subpoena.

C-7111Please confirm your scheduled appearance with Celia Jacobyon our toll free line (800/424-9530) within two days of yourreceipt of this notification. it is important that the schedule

Cr of this deposition be discussed to avoid inconvenience to allparties.

If you have any questions, please direct them to Ms. Jacoby,

the attorney handling this matter, at (202) 376-5690.

Sincerely,

Lawrence M. NobleGeneral 1one

By: Lois G. LernerAssociate General Counsel

FEDERAL ELECT ION COMMIS 'WAS~HINGTO)N 1)( '4-

0- Deoerter 19F.

Staff Sergeant BayneJudge Advocate's officeAttn: Criminal Lay BranchPresidio of San Francisco, CA 94129

RE: Depositions in M'URs 2453and 2270

Dear SSG Bayne:

0*1 Thank you for your assistance in arranging space for the

holding of depositions in our matters, t4URs 2453 and 2270. Thesedepositions will be held the week of January 19 through 22, 1988.Should there be any changes in that schedule we will advise you.If you have any questions or require further information, please

o contact Celia Jacoby or Patty Reilly, the attorneys involved inthese depositions, at (202) 376-5690. Again, our appreciation toyou and Captain Littleton.

Sincerely,

Lawrence M1. NobleGeneral Counsel

By: Lois G. Ler~ernr Associate General Counsel

cc: R. Lee Andersen

FEDERAL ELECTION COMMISSIONWASHINGTON, 0.C. 20463-

11 neeaibper 1987

POSTM4ASTERAlonzo L. Douglas100 1st StreetLos Altos, California 94022

RE: MUR 2453

Dear Mr. Douglas:

Pursuant to 39 C.F.R. S 265.6(d) (1), we request that youprovide us with the present address of Romeo A. Esperanza.According to our records, the address of Mr. Esperanza was 717Edge Lane, Los Altos, California 94022 as of October 1979.

Under 39 C.F.R. S 265.8e(8) (iii), we request a waiver of*0 fees. in this connection I hereby certify that the Federal

Election Commission, an agency of the U.S. Government, requiresthe information requested above in the performance of itsofficial duties, and that all other known sources for obtainingit have been exhausted.

A return envelope is enclosed. Should you have anyquestions or require any further information, please call CeliaL. Jacoby, the attorney assigned to this matter, at (202) 376-5690. (The FTS telephone number is identical).

Thank you for your assistance.

Sincerely,

Lawrence M. NobleGeneral Counsel

BY: Lois G. LernerAssociate General Counsel

EnclosureEnve lope

FEDERAL ELECTION COMMISSIONWASHINGTON, 0DC 204631

n1Dcue 1987

POSTMASTER1800 Evans AvenueRoom 309San Francisco, California 94188-9998

RE: MUR 2453

Dear Sir/Madam:

Pursuant to 39 C.F.R. 5 265.6(d) (1),, we request that youprovide us with the present address of Demetrio Jayme. Accordingto our records, the addresses of Mr. Jayme were 100 California

V Street, Suite 1060, San Francisco, California 94111 and 150 32ndStreet,, San Francisco, California 94121 as of October 1979.

o Under 39 C.F.R. 5 265.8e(8) (iii), we request a waiver offees. In this connection I hereby certify that the Federal

- Election Commission, an agency of the U.S. Government, requiresthe information requested above in the performance of itsofficial duties, and that all other known sources for obtainingit have been exhausted.

A return envelope is enclosed. Should you have anyquestions or require any further information, please call Celia

CD L. Jacoby, the attorney assigned to this matter, at (202) 376-W 5690. (The FTS telephone number is identical).

CC Thank you for your assistance.

S inc~rely,

Lawrence M. NobleGeneral Counsel

BY: Lois G. LerneAssociate General Counsel

EnclosureEnvelope

FEDERAL ELECTION COMMISSION* * WASHINGTON. D.C. 20463

11 DOM-,-e 1987

POSTMASTER1800 Evans AvenueRoom 309San Francisco, California 94188-9998

RE: M4UR 2453

Dear Sir/M4adam:

Pursuant to 39 C.F.R. S 265.6(d) (1), we request that you0 provide us vith the present address of Zoilo R. Inacay.

According to our records, the addresses of Mr. Inacay were 565

Junipero Serra Boulevard, San Francisco, California 94127 and 302Silver Avenue, San Francisco, California 94112 as of September1979.

Under 39 C.F.R. S 265.8e(8) (iii),, we request a waiver of

fees. In this connection I hereby certify that the FederalElection Commission, an agency of the U.S. Government, requires

CD the information requested above in the performance of its

o official duties, and that all other known sources for obtainingit have been exhausted.

A return envelope is enclosed. Should you have any

questions or require any further information, please call CeliaL. Jacoby, the attorney assigned to this matter, at (202) 376-

cc 5690. (The FTS telephone number is identical).

Thank you for your assistance.

Sincerely,

Lawrence M. Noble

General Counsel

BY: Lois G. Lern2Associate General Counsel

EnclosureEnve lope

FEDERAL ELECTION COMMISSIONWASHINGTON, D C 20463

11 0-8mft~er1987

Patrick Hallinan, EsquireHallinan, Osterhoudt & Poplack345 Franklin StreetSarn Francisco, California 94112

RE: MUR 2453

Dear Mr. Hallirian:

The depositions scheduled for December 10, 1987 has beenchanged to Thursday, January 21, 1988 at 10 a.m. for PatriceMalabed, and 1 p.m.. for Leonulo Malabed. The depositions will beheld at the federal courtroom at the Presidio. Although the datefor the depositions has been changed, all requests for production

0 of documents must be complied with.

-NNW Please confirm your scheduled appearance with Celia Jacobyon our toll free line (800/424-9530) within two days of yourreceipt of this notification. If you have any questions, pleasedirect them to Ms. Jacoby, the attorney handling this matter.

0Sincerely,

o Lawrence M. NobleGeneral Counsel

By: -

Lois G. LernerAssociate General Counsel

LAW OureC..9 or FORL 10W~SHALLINAN & POPLACK

348 FANKLN SREET 88 JAN 22 AN 1n. 36SAN 1PNANCOSCO, CA 04103 e ID j(415) 661-1151

January 12, 198

Office of the General counsel 2

Federal Election Coamission999 E Street, N.W.Washington, D.C.

Re: In The Matter Of Leonilo Nalabed, N.D. = JeoNo. MUR 2453 .

Dear Sir or Madam:

Please find enclosed photocopies of checks byDr. Malabed to various candidates for office,submitted pursuant to your subpoena of the same.

- Delay in production of these documents wasoccasioned by the fact that they were under sealin the Federal Court and required a motion, withnotice, for unsealing.

0:These are the only checks that we have been able

to recover.

I remain,

Sincerely yours,

HALLINAN &POPLAEK-

,Y2-4 / LL

~ATRICK SARSFIELD HALLINAN

PSH/mt

Enclosures

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FEDERAL ELECTION COMMISSIONWASHINGTON, D.C. 20463

FED3L EXRESSJanuary 14, 1988

Patrick Hallinan, equireHallinane Osterhoudt & Poplack345 Franklin StreetSan Francisco, CA 94112

RE: MUR 2453

Dear Mr. Hallinan:

This letter confirms that the deposit".ons of Patrice Malabedand Leonilo Malabed will be held on Thursdy, January 21 at 10a.m. and 1 p.m., respectively, at the federal courtroom at thePresidio, San Francisco, California.

o By subpoenas dated November 20, 1987, certain documents vereto be produced by Ms. Malabed and by Dr. Malabed. According toour telephone conversation of December 8, 1987, you stated thatthese records had been sealed by order of the U.S. DistrictCourt, Western District Washington. You further stated that you

CD would petition the court to release the documents responsive tothe November 20 subpoenas and would furnish evidence to us of yourefforts. No documents or other evidence has been received fromyou to date. Compliance with the production request is essentialand must be made prior to the date of the deposition.

You further assured us that you would provide a swornaffidavit from Patrice Malabed concerning the matters addressedin the subpoena to Ms. Malabed. That declaration was neverreceived. Accordingly, the deposition of Ms. Malabed will be heldas scheduled.

Although her presence has not been compelled, we wouldappreciate the appearance of Yvonne Malabed on January 21 to

Letter to Patrick HallinanPage 2

respond to questions* This would facilitate a completeinvestigation and resolution of this matter.

Sincerely,

Lawrence M. NobleGeneral Counsel

BY: LosG. JrnerAssociate General Counsel

-10

LO

FEDERAL ELECTION COMMISSIONWASHINGCON,D.C. 20463 Feray 12, 1988

Patrick S. Hallinan, EsquireHallinan a Poplack345 Franklin StreetSan Francisco, CA 94102

RE: MilE 2453Leonilo Malabed

Dear Mr. Hallinan:

At the depositions held on Thursday, January 21, 1988, youU1 agreed to provide certain items to us. These items were (a) a

copy of Judge Orrick's order to seal the financial and bankrecords of the Mabuhay Corporation and Leonilo Malabed; (b) adescriptive list of the items generally under seal;- and (c) a

o corroborative statement or other evidence that the remitter onthe transfer of $150,000.00 from the Philippines was a relativeof Dr. Malabed and that these funds were part of an inheritance.You further agreed to provide us with copies of the loan and loanguarantee documents relating to a loan to Mr. Asera when such

C0 documents are located. We would appreciate your prompt response.

V Should you have any questions concening these matters,please contact Celia L. Jacoby, the attorney assigned, at (202)376-5690.

SC H IIL MFIED 94OTMAN REPORIUS

February 4, 1988

Leonilo L. MalabedC/O Patrick S. HallinanHALLINAN & EPOPLACI(345 Franklin StreetSan Francisco, california 94102

In Re: MATTER UNDER REVIEW VS. ELECTION COMM.

Dear Witness

Your deposition which was recently taken pursuant to theCO caption on the enclosed transcript is being sent to you for

review.

SPlease read, correct, sign, and return this transcript toour office at the address above, as soon as possible.

As officers of the court it is our responsibility for filingthe deposition with the appropriate court before the trial

y~of this matter.

O Thank you for your cooperation.

C, Sincerely yours,

cc: All Counsel

520 Sutter Street/ off Union Square San Francisco, CA 94102Teephone 415 / 788-5350

FEDERAL ELECTION COMMISSIONWASHINGTON, Di. 20463

24 Ivuer1987

CERTIFIED MAILRETURN RECEIPT RZOUESTD

Leonilo L. IMalabed, M.D.145 Spring AvenueSan Francisco, California 94114

RE: MUR 2453W Leonilo L. Malabed

Dear Dr. Malabed:

On June 8, 1987, the Federal Election Commission notified- you of a complaint alleging violations of certain sections of the

Federal Election Campaign Act of 1971, as amended ("the Act"). Acopy of the complaint was enclosed with that notification.

0 Upon further review of the allegations contained in the

complaint and information supplied by you, the Commission onOctober 20, 1987, found that there is reason to believe you

C' violated 2 U.S.C. S 441f, a provision of the Act. Specificallyit appears that you may knowingly have permitted another personto make contributions in your name or have made contributions in

cc the name of another.

Under the Act, you have an opportunity to demonstrate thatno action should be taken against you. You may submit anyf actual or legal materials that you believe are relevant to theCommission's consideration of this matter. Please submit suchmaterials along with your response to the enclosed Subpoena toProduce Documents. All responses to the subpoena must besubmitted to the General Counsel's Office within 15 days of yourreceipt of this letter. The attached subpoena also requires youto appear and give sworn testimony on Thursday,, December 10, 1987at the federal courtroom at the Presidio in San Francisco,California.

You may consult with an attorney and have an attorney assistyou in the preparation of your responses to this subpoena. Ifyou intend to be represented by counsel, please advise theCommission by completing the enclosed form stating the name,address, and telephone number of such counsel, and

-2-

authorizing such counsel to receive any notifications or othercommunications from the Commission.

In the absence of any additional information whichdemonstrates that no further action should be taken against yourthe Commission may find probable cause to believe that aviolation has occurred and proceed with conciliation.

If you are interested in pursuing pre-probable causeconciliation, you should so request in writing. See 11 C.F.R.S 111.18(d). Upon receipt of the request, the Of1Tce of theGeneral Counsel will make recommendations to the Commissioneither proposing an agreement in settlement of the matter orrecommending declining that pre-probable cause conciliation bepursued. The Office of the General Counsel may recommend that

o pre-probable cause conciliation not be entered into at this timeso that it may complete its investigation of the matter.

%0 Further, the Commission will not entertain requests for pre-probable cause conciliation after briefs on probable cause have

') been mailed to the respondent.

0 Requests for extensions of time will not be routinelygranted. Requests must be made in writing at least five daysprior to the due date of the response and specific good causemust be demonstrated. In addition, the office of the General

C5 Counsel ordinarily will not give extensions beyond 20 days.

This matter will remain confidential in accordance with2 U.S.C. SS 437g(a)(4)(B) and 437g(a) (12) (A), unless you notifythe Commission in writing that you wish the investigation to bemade public.

cr. If you have any questions, please contact Celia L. Jacoby,

the attorney assigned to this matter, at (202) 376-5690.

Sincerely,

Scott E. ThomasChairman

EnclosuresSubpoenaDesignation of Counsel Form

FEDRAL ELECTION CONMXSSXOI

Attachment to Subon

Please produce in their entirety the following:

1. A copy (front and back) of each check, money order orother instrument with which you made a contribution toor an expenditure on behalf of any of the followingduring 1979, 1980 and 1981:

Diane FeinsteinQuentin KoppLarry AseraLeo McCarthyAlan CranstonJimmy CarterRonald ReaganCarter-Mondale Presidential CommitteeAny other political candidate or committee

2. All documents and materials concerning meetings,discussions or other communications between yourselfand any official, employee, staff member, direc tor oragent of the Mabuhay Corporation concerningcontributions to or expenditures on behalf of anycandidate or political committee listed in item 1 above

o during 1979, 1980 and 1981.

3. All documents and materials in your possessionconcerning meetings, discussions, correspondence or

N other communications concerning contributions to or

o expenditures on behalf of any candidate or politicalcommittee listed in item 1 above during 1979, 1980 and1981.

C4. All articles of incorporation, bylaws, rules,regulations, procedural materials, policy statements,governing instruments or other documentation of thepolicies, procedures, business practices and purposesof the Mabuhay Corporation.

5. The name, address and telephone number of each officerand employee of the Mabuhay Corporation.

6. All documents and other materials which reflect or inany way concern the receipt of currency or othercurrent funds transferred or in any way transmittedfrom any source in the Philippines to the MabuhayCorporation or any of its directors, officers andagents during 1979, 1980 and 1981.

in answering this request for production of documents,furnish all documents, however obtained, including hearsay, thatis in possession of, known by or otherwise available to you,including documents and' information appearing in your records.

Should you claim a privilege vith respect to any documents,communications, or other items about which information isrequested by any of the following requests for production ofdocuments, describe such items in sufficient detail to providejustification for the claim. Each claim of privilege mustspecify in detail all the grounds on which it rests.

Unless otherwise indicated, the discovery requests shallrefer to the time period from January 1, 19790 to January 1, 1982,inclusive.

The following requests for production of documents arecontinuing In nature so as to require you to file supplementary

N responses or amendments during the course of this investigationif you obtain further or different information prior to or during

'C the pendency of this matter. include in any supplementalproductions of documents the date upon which and the manner inwhich such further or different information came to your

o attention.

DEfIITIONS

For the purpose of those discovery requestso including theinstructions thereto, the terms listed below are defined as

follows:

'You" shall mean the named respondent in this action to whom

these discovery requests are addressed, including all officers,

employees, agents or attorneys thereof.

"Persons" shall be deemed to include both singular and

plural# and shall mean any natural person, partnership,

coumittee, association, corporation, or any other type of

organization or entity.

"Document" shall mean the original and all non-identical

copies, including drafts, of all papers and records of every type

in your possession, custody, or control, or known by you to

'~exist. The term document includes, but is not limited to books,

letters, contracts, notes, diaries, log sheets, records of

0 telephone communications, transcripts, vouchers, -accounting

statements, ledgers, checks, money orders or other commercial

paper, telegrams, telexes, pamphlets, circulars, leaflets,

o reports, memoranda, correspondence, surveys, tabulations, audioand video recordings, drawings, photographs, graphs, charts,

- diagrams, lists, computer print-outs, and all other writings and

I, other data compilations from which informat''fln can be obtained.

"Identify" with respect to a document 7--al1 mean state the

nature or type of document (e.g., letter, memorandum), the date,

S if any, appearing thereon, the date on which the document was

prepared, the title of the document, the general subject matter

O of the document, the location of the document, the number of

Go pages comprising the document.

cc, "Identify" with respect to a person shall mean state the

full name, the most recent business and res:.2dnce addresses and

telephone numbers, the present occupation or posit!Qnf of such

person, the nature of the connection or association that person

has to any party in this proceeding. If the person to be

identified is not a natural person, provide the legal and trade

names, the address and telephone number, and the full names of

both the chief executive officer and the agent designated to

receive service of process for such person.

"And" as well as nor" shall be construed disjunctively or

conjunctively as necessary to bring within the scope of these

interrogatories and requests for the production of documents any

documents and materials which may otherwise be construed to be

out of their scope.

£X//'d/ I

ARTICLES OF INCORPORATION

OF

MASUHAY CORPORATION

%902373EN11DO RS

NOV9 1978tJ/4Ciilo rul. 1 £uawq of s:;:..

plipibis 1. BiaggiDeputy

ONE:' The name of this corporation is

M'ABUHAY CORPORATION.

TWO1: The purpose of this corporation is to engage in

any lawful act or activity for which a corporation may be

organized under the General Corporation Law of California

other than the banking business, the trust company business,

or the practice of a profession permi..4tted to be incorporated

by t,-he California Corporations Code.

T HRZZ The name and address in ths state of this corpora-

tion Is initial agent for service cf process is:

DMAMEL F. REr:DY, Esquire703 M:arket Street, Su.ize '--06San Francisco, Califcrnia 94C12.

FOUR: 6This corporatio.. is authorized to issue One

Hundred (100) shares, all of the samne class, desi.;nazed

"Comumon Shares.2

Loated: Novembe: ,.76

LEPNILO L., IIALABED-In oporator

declare that I am th esnwoee~atdthe above

Articles of incorporation, and this instrument is my act..

and deed. r,. .,, VL.J

.A# 11)i 1 V L - ' 10A4w t

WO&AS effPAW11

P

VL

P0.0. I~o*x tjom - 911SACRAMENTO. CA 9512 STAN OF CALIFORNIA 3645I

'STATEM ENT BY DOMESTIC STOCK CORPORATIQITON SIAbEI 09~ OI6 USDW11 CA05esA MACMI ARV Of SIA19 1SIC 16W CCoMsMa,.@w COD41

IO OFFICE USE ONLIF

- I ~- U - -

145 Mountain Spring Avenue Fan Francisco, CA 94114no --

a Swgi aem , &W S0W=9oI em"AM Wem W es..9 or A"" msi,6 U10 eSo

Sa I CALIF.

%J-AMES OF THE FOLLOWING OFFICERS ARE: P s 9

*Leonilo kialabed jdA 145 Mountain Sprinq AV San FrancISCO CA -

L C"11 11"Cuyvu ouscem Ivo nmm=" " 0060 Wv

j~e~trioJaym 10 Caiforite 106 San Francisco, CA '94103Danie California rw? 15060 "San Franciscot CA j"4103

'f Cngo FINACIAL QeFCecumd gos em macse us ow 00 "01 s u, gi itet'y,,rve":a

M ~ESINTLY AUTHORIZED NUMBER OF DIRECTORS. INCLUDING VACANCIES

OAMIS AND COMPLETE BUSINESS OR RIESIDENCE ADDRESS OF INCUMBENT DIRECTORS INCLUDINGFI YOSE DIRECTORS WHO ARE ALSO OFPIMERS. fA3NM supOWsARls kWl of .euuu It 00041d).

A7,onilo Halabed 145 mountain Sprinq San Francisco, CA 94114

_________________MOMS__ Goili e mft~ asusss $o "W' sg 00901.o I no"e u 149CC-

&L-meo Esperanza 717 Edge Lane Los Altos, CA 94022_____________________ _ MOM~uSs to iVNm .1 Asmiss 000 WV~ Ing 0 Cr oft C 4 ITs! fie CCON

C-Iev. Fred Al. Bitanga 756 mission Street San Francisco, CA 9 4103__________________________ i"Wass ON agwuecta-femss iso %ofv.m._ witaitt 0Iw 1-6P o ~coot

*Demetrio Jayrne 100 California, 1 1060 San Francisco, CA f9411iWOW_________________ "Sui15 em serct aoMSS Meo 0US! _0_0saw$ls aPawt VeZ Cool

9 Zoilo PR. Inacay j565 Junipero Serra Blvd- San FranC.4sco, CA I *4 2U-f, 6*1 -.t S 0. = .f 42'.m Cc '. .0 PC% tt% Coo* I flave

~w rm m~~c o 'ocssDaniel F. Reidy, Attorney at Law, 00 NOT WRI7&E IN 7.4: SPA----

crI0 3 Market Street, Suit(.-e 1506, San Francisco, CA 94103S01*5 W. MSWnft &Mgn P or mn4v-a 00 AKO AVORSS F AGENT! S A COPP' AA;ON

?"llop usouss Purchase and overadb.e a radio ttoI. ISCAAm I*&? $"AVG RA0008O goS SmaemInu &Wg lef t slo *@as 6"S ahatAS#. o is I'e.CsC. tCa ft.'ac' sw

ml9023730 0". VAL 0,/0/7

t4ASU14AY C0)RPORATIONOAIE RE oI;03 A~kT iT STO 1S06

3N FRAOc ISCO, C1 94103

fC~uour PIASI D0 000? ^L194 trwf 00160sdED COM90A?( Nv&ACmd AND 0015

ATTACHMEN D EXHI]

ff.

6X-/'6,

MINUTES OF ACTION OF INCORPORATOR

TAKEN WITHOUT A MEETING BY WRITTEN CONSENT

The following action is taken by the incorporator

of MABUHAY CORPORATION, a California corporation, by

written consent, without a meeting, on November 27,

1978 under sections 210 and 307(c) of the General Cor-

poration Law of the State of California.

0 The following resolutions are adopted:

RESOLVED that LZOON~D MALAE shall enter= into

an agreement whereby ~~YCOR~PORATION agrees t0

purchase radio broadcast station X:,kZ of Alameda, Cali-

fornia for One Million Six Hundred and Seventy-Five

o Thousand Dollars (Slr675~COQ.OC),. s-abject to appropriate

conditions.

~~ZS-..-"-*at LZ3N:L0 ~: s],-all Ican ~3::

COR~PORATION the sum of Twentv ?iv"e Tc.sand Dollars

($23,C00.OC0) as a.- earnes: tce z:-. zr:e

agreement%,,,

RESOLVED that NE.?ZZ sa.ccdn~ t.-e

preparation of an application to tZhe Federal Communica-

tions Commission whereby MABUHA.Y CORPORATION could re-

ceive FCC approval for the assignment of the KJAZ license.

The undersigned, the incorporator of this corpora-

tion, consents to the foregoing action.

Dated: November 27, 1978

LECI:LO NALJ:BEDIncorporator of MABUHAY CORPORATIZ4N

-2-ie)e-V/e ~r

563-66-oR49

'Wee 0 A' OWN NI IN(# I of cpf M#W 1 .- O1 m

-jw 77 $200.00 1i MA" Ale

W41qic n . flim '.i s 0 em0 e- 9 64"'40ki We WeW;I00*6 4. 60 1%0 eSIamt' Isap' -

oil~ Ils.E.W W~ sollom Owe gg. all a" awl b We ' Ism SsWS two we m 0Wl

ofSWS ~40 o W401 00 "P 6 M0VAD -ja 0d Wn1 *.weft WW So~e* 4 M- PU l - OR

= so gA.Wl Wo Ssman Wes g A MAA KIM , SOGIIS Way 4111001 NO GWe~ 00

lam"e WSto' woes 'W easeoml soofti wo oval to Goll' t10 We 411 of to" sP Tw

a COW' op smosts qJI.Is PON 5410WAL PCes lACC&UNT & 14GUaf SAwrn0GS ACCAU"Is

lot A ofmo it Mt'O'1SI-~~~~~~~~~~mlmi ~ ~ II~~~£5w~51~~1aeAa~ND ~Nm'l~ Vals C*A"0 '08-

p'lala"MI&AD oweso Ik~mo ;W

&UT0MOS1LATIONd TCYRUNSUS VU0ioS

fu5 *06 ~.'o@'g 'c eace is" Cwjl-"U's~ £CCoves, Wa0e5 A4WE &isO C1110" ASeO

-A ac &AP Ot~o &WI 0161 Uf *gqAe. u c"*

#4, 6(00

ta.9

J.C.

f :# 'A

0@ . ~ArnCWUUT A

AS of febrefry Ms lost

#=low- 6

ft. laT. )A pSiI£Oau

rawwdVm IS& Iisam ai.11h

mjwjmv n 6mm V. iafwty s Aasso

0 . 0 .

3. La"YXW Ira. codimsa W.4. t.TVi lod 0

am ULF6uJd

2. SWw Aluun a'rWtW'

3. f~eakw "mI~ O 4ttMOYmr..PL Mr..08 I

1.1930 PO* CLr~weu'i u -Ias h*

I Oto P..('iL.tL1.1trpwNsaai

ftw.il 1.90*

sopo 1921.

1-z3-g11-3)4.1

150,M-943 0. ON "sPMAID

* ~S00.00g@.000.00~L~2 ~

S. We0.Do

23N.gr.

S 9.900

33. DiM.

3 3. w0. DCic .W0.A:

t.DOC * DI D. Dc-31,.0. D

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.0 0/P f p & ,W A f a) *p j~ *Pt 6' ,# r ~ (eCi )a 1

me

I

4%wo iV

HIM.4.$ 11.2m3.40

1.05.9c

q2.4.S.6.7.a.9.

30.LI.13.U.II.

~ 35.

016318

SOP soU,^- on

AASA 11siq tso14 * 4k

Oft

- t-o!6- ws is -a L, &

EXHBIT.8 8 0 IT3 69

Mu.MAY~ 9

rose Troolisto(~ra

S.F. D(My L00irer arre

The %an PresnclscedocterImplicated In numerous Iove@-tlgatiomi of Ferintand Marcos'so-aled 'blildem wealth" wasioped by gare" ell1rials Intobecoming thWaresel I#f rTheprobes his attorney Said yeS-Senday.

* nas eclumsive I efvIrWw ick1wTh Chronirle. allefarY Pati

* lallIma said Dr L~enuo Malabed isabrieanSvctiamlid" becausehbe was

retred tosoa a dortmmeflt thatflewy claimW his 9mw6defamIt mea

*buhay Corp retved SI miMM MiPhlnippihd' intelligence funds to pay#forCovert operations In this cousI*try.

Mlalied scrawled as nsi82811dU aelm tenrSAmess &I atthe bottom

0

*14

m

p45..

I

V

Dctor 'Duped'ml 11m ahat U.S. Custom 0o111. iipnoAm.~r

sry 16 withnhisarived in Shawaiiaftecr fleeingNasl..

Ome document s of key laps&tarin ihall a dorca lstt. federalad rhllipple nvmestirallotis ofMarc" slwh~ims In Ibis Country. itis &be S mor ssame in several Ieden-

by Morcos*.lbbt The muleesmlala ml ~ 31i.

-- a- e~.meS. .- ~mm umas deuleed se mm.

~eru murdeans hf o si d I" ft

lite lb Junlo £..Thre membrns ofa I551

rang are covkle of16the -den, htlte vittlmsfe1000 COlead thatS Marcu wer -BMW greqawsihi. The pretih bow"g b

For the first time, Mfalabad throughhis lawyer admitted to knowing abouta controversial document

a 41"61 lwutaaistiedepo a* ea -! WW WMhe hre beM sMObM

or. a lires here.

go to vouch for Its authenticityof- rsudi nnttwth51Oier bemag told be was doing a fa or thed as % lroeltos apwih s

for his b fred Marcos. 1191- end Ia. Yen for Marc.tofeallege -11man soad. thaby dotmm nMIWM W . 1

o*Dr. Malabed never received Opnns fMrmCI t.

any intelligence amony. ... iHe 16 O netro Mrelcaib

cemletlInncen o an ~ proves Marco. sewd 0Ma111bed's firmCo m let ly lon ent of BOY wfD 1 - to launder I'Im lp pi e s eG M thatdoing. the lawyer Said. proied funds for a 1981 double

Th Imcounl Marked the firs mur der Of Marcoslfeas is Seattle

timte that Malabed. through Isis a anM ait forl. a

terney. bas admitted that he baa--.seem-la"esoal knowledge of the coultro- S. ~r CurtJugeWO

versw aocument and that he wrote an Orick Is SonranPcisCOruldthe maysrious note en IL yesterday thtie document la 'a*-

stV abed od to relewtbeSofonuatm lbtrough hig attorney

elhe makes about the dotment

of~tibe auseRd aanthMIscourt-

,me rusingwas pet 61 a IWetrial betartin s asulltfled Is Seaitby families W tSlinte lomlStO andSane vrn. The two oe ppe

Iww Phiipin OMS Wst wefek udeelh~dlbat"oa r " "ttdnes "" l balIlb%-b~ &b te paperb a Wo SUIif Mabumby eUP I I

Outsde She eeurm bmwCint" Ia aso"*heINN h

shee wu as eeved aoper hp4bcrporation MaldA fomeyears ane bin m___ -- MN 0dtlopl to buy the FM radf taIKBAZ. tdme llorMY al

Is fimaw d oor me S s

a cover foo n aree ebuopent arhema by other UauwNm

mmmqan alosied.0

"M am &tkwue to @=%

"aael l'I knaw

sweowe51.algg a

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f& USS~be eU

w. be~mmpes" 0 19mainm placIs dN~f

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I

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I

iCE CTORl14. MUU~~ 6PHINU AVLNUE

SAN F WISCO. CA 94114

V To

v S~AW op CIAuAPOwYA*W' SI1 "ft '&AUW4 . G ~ WWA$46

u000 a 3 211.:L 362791:

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9

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BANKD IRE CTOR

DEONLOLMLAS14 MOUNTAIN ""MI Aiwg

SAN FRAMcSCO. FA lot 1A

10 36?91: i I00 op.

-DIRECTOR'DR. LEONILO L MALABED

14 MOUNTOMN~9A"W AWNIMSAN FRANCISCO CA 6114

PAY TO T14C OROCN OF DEMOCRATIC NATIONAL

- _ W _ u -) 23)85OWIN 0. 0 oPA C iaJo^ a,

"o6o00L4 ill :L 2LoutI3679: o0

161 ...... - a: o&..oo ~ '~B'OOO 5OOoOF

LLARS

PAY TO IMIC oa0om or.

139

.7/ a~ RflAL4M7

. 1 7/ A I c. Art

116000 &LI L11" 1: 0 1911000 1986,6118

0

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PHILIPPINI W&TIQWA V1 .NKIts mw SAN Mo . S Ip m s.S

.T01 1? ? ACCOUNT OF

FI~jAMOUNT?

(*. -. 'b V-

£

MUWU5N

a, sass. gi

as.

DUC To

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CIP0.IT WrTW LOCAL SANSLLOyos Am CAUPOINA

PmirPPNE NATIONAiL BA6.x-SAN FRANCISCO AGENCY

233 WONTOMRT STRUTY$S TLJ4C2C0. CAIWORKIa 04104

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PHIII1PINN NATIONAL, BANKSIAN FRA NCISCO) A(S3JtCY

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0"06090"4. WVfro"00"S 81r64 1 a&61esMo

0".6001649. 44W6104 N2 16820

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P. *. pPAT

LM WL MALAMZ145 Mountain Spring AvenueSan Francisco, Ca. 94114

____ _______ DOLLAR%1

440 16a 20w0 L: a 40004001:

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toS5II VI TO "010W&Nong"a01665 9, .

NALS6* 46. 88100 L grulles MYT9198a 0 o

44N43 .elk CIIL A81198 "into CHAISAh Wgf1.sl SOI$4 NUll MU 51 Sale FIVAICSCO CA U035

114"O0ISAU VIM JAI Sal SIP10OI AVINV

090, 1ea0141~ $1 SA9010111 C "o M10too~~a.., VIMylal &A.e saws.W fe ft 1610

106114111 10415 AVIS

HW PSaN S ta641" ' lon sle 9 1 w*MOIAUI 6woma IsM as WAl a A

OR

$iX*.943 /r

morose011111110" 11110ft m "S -wmm

CL.

Byen.?d or A-ugi - mmwinwuinoa umve 8s w A ari ve .e

of #ai nad NuIBM~s Mm 2~ '5: 06

tmu 1 4 W~jbwfi -Aw-- - - - -MIMM0-mm--

&&*I:*"i~s of ti. fiomeus. Wwo* uw'f~Whi' miry .gnunw vu~ -- -

2 U=S.. 1427g. J"4 wmi 26 U=S.. 10012. JIM2.

Wam. DA. sAiml~ am" roo - ~so nsw W fooaMw a

I um owt depmal ol" 01111101" OW~ - -GNA" W

I

a

cor

Par ~NAAjw

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Ainiif4" ofw. "owns". sowinwumse

U inmm= D PSUAN

"Mo W W 500ao"owo"a".ammAU W IVw 0Tl 0S Umm to atmWNmm 00TMA"Iftww

Id 0 "WsUwo own 0 U** 0r @ugbw 1Omon" n an0d"

U ~ ~ W 0~m my3 i wv

AwlIO l6@.WW N I 0 WO NIPS'S n Wit"

U 0 v I~sp~ rn."~ isa mb~a ~ Ohms

4~~~~~ ~ ~n n coU.M w" ................

* O PUh I Ij Y.m I.............................. ....... ...... ____________ UtU,0

i7 -AM IA~ um7w .............................. 4a6%a734602S71*U

ws 4AI M ow fm i mn? 3hi .................................... 3,296.07.6 04,U .220-02.O

So m nfda Ck of PAW W f i Ig.*i'u LOO 9 from UinW .............. 997, 30.24 W,87,*30.24

11 Convowui Mels 0*0 lot wMAN W1110 IIs Cuf LI ... I

DIMT ANDO OBLIGATIONS______________

12 s.~ O~pis ori O u~u~ius Iuuiaef e NiubCP..........

12 OUw 0 MW OWN IV 00 C 11111 (luef 40o e tm C." e.............

14 imsdie TO (Ad Liaftso .W............................

r~~twift a".".......0..4...1, ...."d ................................ ~ 17Sn 4 4975 2

Ulaw Uiem.NiUlm is *soL 1SU 14o...............2 001_u7U.18S 2YA

IdTO Im? M s ~Sut 0 1 WNO Mid A INe ON 13W.............. ________ 2g804.09.02

I Me* *a~ I Nomemmi w n. ad I* *a 14 ~" NoAiswf Wam.0

dUm I

DSTM~LARVOL WWZAxurm

ommeti~ -06- ~, .

to pumu" PiugUM 4^9. 0 *00......0019fI. tw ff MA%% wt mi

I ft.................00*00*...............

ISfftG T Am iGeAS"

Id &qMOW ~ .GTgaf. in* fiofVW" tt"a~tMt .

NO..................................Id MNO of sm~OSU A' U Am............. .......

110 %IMWA ...........................................-

41A wIow ...... A...........................0.............

140 &*n ot s Lw01 mom S AummfiO"".......................

6d w m inIlw *M A41......................................1W UP.IW............................ 9.................

w IkWw.............................................23 TOTAL NSCUIPS

I * 67,2S! _____ ciit 4.7A~f 79$ -5734

.N/A.

N/A -r~.17.069.20.... .7 Ing .17 8128 41 S 29,75.4i

.... 296j

3 37. 92 s .i.563.6ot .7 '3-5aIL-Ea..

v-STUB.

cc-

Swn" amo~gwwm~Sw5 U6)Wm ~ -I.. . . . .. . . .. . . .4.) al O w m iqA ... .. . . . . . . . . . . . . . . . . . .

(6)WM o Im mp Puum&q Leo ama AMWOO~ Go" ..... .. .

36 Ymakwu u:4.5 TO Atrhmidm imm wSshms cAhom ..u....

(6I To OW CMSV Ikusuim m 04mhui S-P AqW U*o AuW lI ......

6) me wo g~ .Towhm O . . . .. . . . .0 . . . . .. . . . .

27 Lamn Lofwoomo commion bh~ Mob(a) u a M S . .. . . . . . . .. . . . . . .(61 ... .. .. ..

(I Mmo ofL Lw AW"m.. a wC~rib~ut fvm& .........U TOTAL 110-wNOWM

TOTAL RUCWPI Ono. LW 331 ..................TOAmaPSM IN Ifom Ua to ...................

MIST aSco W4 Lm 30 W" Lv 30 ..............TOTAL IXV SSI RU Itrom Lm al3 ........... 0...............TRANWIN OUT. 1 * -Li 29 . .. . . . . .. .. . . .. . . . .

VeST USWOITAUI 4 In Lw 33 frO IM . ..............

sl.986.494-73L

s2vOW119.81 12.901

sl*14"060,s .130.204.61,$1,276o6l2.77 'Mde-931*069.38

s A -is26

...... 1040 --A 2rS35.00 = 9305,00

'328s,.12.7J

362MAG7.06MOW..

c

m

c

cur

I

I

2292.45 e

a

M.

. . * . 0 6 a * 1 0 11

9M 4 mu

UI

RUPMRI OF RUCIPY A wnm.sysewww~M or Adwi Cuun"Ja Cudidm siskng Pem8ud60 oris

t Offla of Pggdgnu o rg~y 131of tw Unitid 3MM

To, "a'%

p 6 :'54'~?t: Thb w bu~hv. 1 ua~sim~~'e WAyauiur~p u sew

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Isrm C own"L

IdY OP *AEPORT4 %Wm Idb~ C3 ftU is~ U wf Mon3ITWoo id is______M____&a Mon IM C 'vumte"M

1wC2#0 isr &a) 6i .finy3 (1) C2 Rwaf ftW qnC loftenm1C AsilI atOpwvR om MM M"g~ a Nuft

9 %U4vtRIN6PI= PRO~ October It 197PNM Deember 31, '1979

* Ia) (A I. ISM ........................... 816W.S*muig

*a an "a at (~ft o n w how ..... . ___________ **es. 4.

V 1a o~wn "d IM of ft~w2"I) *W 17,"M *n 9 O.Ln .........

12 0"lww *gsu 0OT OWWRIe.0 lu,m lmI inea . .4 ...... WAlSS.7 .7.57

3Clats w fin. u*an BYu Sftn ftalwOu Uiso~ an NW 0500loom@t auUn 5-n Sia" of~~s 011d fa mUW

* n M ?it I Vo hi~s 1491 1tgn a"" thes "a~ of "W dpm amI wqM -

S. L" 1in_T V08 w" .e '!uMu w Ifpinin M

2 U.S.C. 142?g. ~11 h wW 21 U.S.. 10012. JI42.________

I pow W, -

U

DITAIUI M M Oliinhino

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I - 1.

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P=UPAL inM.fM@WA .. 000* 0 9 0 0 a 0 0 0 0 o...

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Id sUmw a 4O O O *000 see*0*0. ooo~oeoo s4og..

" ate m s00060to000 00o0000* 0 6* 0Id lw ~ fu000000000 0000...... .. 00060000000000

id Mawd -*mft df f% l f .............

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0 TWtAL MISPI

Id Sd=W d OPP..........................oo.....................00 60 00

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31 TOTAL §XWUIJM

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EXHI18fy

FEDERAL ELECTION COMMISSIONWASHINGtON, D.C. 20463

24 ?~vith 1987

CERTIFIED MAILRETURN RECEIPT REQUE$TED

Patrice Malabed145 Mt. Spring AvenueSan Francisco, California 94114

RE: MUR 2453

Dear Mrs. Malabed:

The Federal Election Commission has the statutory duty ofenforcing the Federal Election Campaign Act of 1971, as amended,and Chapters 95 and 96 of Title 26, United States Code. TheCommission has issued the attached subpoena, which requires you

N to appear and give sworn testimony on Thursday, December 10,1987,, at the federal courtroom at the Presidio in San Francisco,o California in connection with an investigation it is conducting.

V The Commission does not consider you a respondent in this matter,but rather a witness only.

CBecause this information is being sought as part of an

0M investigation being conducted by the Commission, theC. confidentiality provision of 2 U.S.C. S 437g(a) (12) (A) applies.

That section prohibits making public any investigation conductedby the Commission without the express written consent of theperson with respect to whom the investigation is made. You areadvised that no such consent has been given in this case.

You may consult with an attorney and have an attorneypresent with you at the deposition. If you intend to be sorepresented, please advise us of the name and address of yourattorney prior to the date of the deposition.

Pursuant to 11 C.F.R. S 111.14, a witness summoned by theCommission shall be paid $30.00, plus mileage at the rate of 20.5cents per mile. You will be given a check for your witness feeand mileage at the time of the deposition.

EnclosureSubpoena

Ifjacoby i

-2-

afirm your scheduled appearance with Celia Jacoby*line (800/424-9530) within two days of your

8s notification.

have any questions# please direct them to Celia L.attorney handling this matter, at (202) 376-5690.

-2-

P~v.ase Oonfirm your scheduled appearance with Celia Jacobyon our toll free line. (800/424-9530) within two days of yourreceipt of .this notification.

if you .have any questions, please direct them to Celia L.Jacoby, the attorney handling this matter, at (202) 376-5690.

awrence fH. NobleGeneral Counsel

EnclosureSSubpoena

Please confirm yout scheduled appearance with Celia Jacobyon our toll free line (000/424-9530) within two days of yourreceipt of this notification,

if you have any questions#~ lease direct them to Celia L.,Jacoby, the attorney handling this matter, at (202) 376-5690.

Since

ly,

awrence M. NobleGeneral Counsel

Enclosure

o0 Subpoena

10

0

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of)

) t4UR 2453

SUBPOENA

To: Patr ice Malabed145 Mt. Spring AvenueSan Francisco, California 94111

Pursuant to 2 U.S.C. S 437d(a) (3), and in furtherance of its

investigation in the above-captioned matter, the Federal Election

Commission hereby subpoenas you to appear for deposition with

regard to various political contributions and expenditures made

oby you during calendar years 1979 through 1981. Notice is hereby

0 given that the deposition is to be taken on Thursday, December

SNOW 10, 1987 at the federal courtroom at the presidio in San

Francisco, California, beginning at 1 p.m. and continuing each

day thereafter as necessary.

Further, pursuant to 2 U.S.C. S 437d(a) (3), you are hereby

subpoenaed to produce the documents listed on the attachment to

this subpoena. Legible copies which, where applicable, show both

sides of the documents, may be substituted for originals. The

documents must be submitted to the Office of the General Counsel,

Federal Election Commission, 999 E Street, N.W., Washington, D.C.

by December 7, 1987.

WHEREFORE, the Chairman of the federal Election Commission

has hereunto set his hand at Washington,, D.C., this day of

8 1987.

3-ThasachiChamnFederals Election Commission

Secret y to the Commission

AttachmentDocuments Request (1 page)

V"O*

FEDERAL ELECYXON COBUUSSIOW

Attachment to Subpoena

Please produce in their entirety the following:

1. A copy (front and back) of each check, money order orother instrument with which you made a contribution toor an expenditure on behalf of any of the followingduring 1979, 1980 and 1981:

Diane FeinsteinQuentin KoppLarry AseraLeo McCarthyAlan CranstonJimmy CarterRonald ReaganCarter-Mondale Presidential CommitteeAny other political candidate or committee

2. All documents and materials relating to meetings,discussions or other communications between yourselfand any official, employee, staff member, director oragent of the Mabuhay Corporation concerningcontributions to or expenditures on behalf of any ofthe political candidates or committees listed in item 1above during 1979, 1980 and 1981.

INSTROCYIONS

in answering this request for production of documents,furnish all documents, however obtained, including hearsay, thatis in possession of, known by or otherwise available to you,including documents ane information appearing in your records.

Should you claim a privilege with respect to any documents,communications, or other items about which information isrequested by any of the following requests for production ofdocuments, describe such items in sufficient detail to provideJustification for the claim. Each claim of privilege mustspecify in detail all the grounds on which it rests.

Unless otherwise indicated, the discovery requests shallrefer to the time period from January 1, 19709 to January 1, 1982,Inclusive.

The following requests for production of documents arecontinuing in nature so as to require you to file supplementaryresponses or amendments during the course of this investigationif you obtain further or different information prior to or duringthe pendency of this matter. Include in any supplementalproductions of documents the date upon which and the manner inwhich such further or different information came to yourattention.

DEFINITIONS,

For the purpose of these discovery requests, including theinstructions thereto, the terms listed below are defined asfollows:

"You' shall mean the named respondent in this action to whomthese discovery requests are addressed, including all officers,employees, agents or attorneys thereof.

"Persons" shall be deemed to include both singular andplural, and shall mean any natural person, partnership,committee, association, corporation, or any other type oforganization or entity.

"Document" shall mean the original and all non-identicalcopies, including drafts, of all papers and records of every typein your possession, custody, or control, or known by you to

'0 exist. The term document includes, but is not limited to books,letters, contracts, notes, diaries, log sheets, records of

o telephone communications, transcripts, vouchers, accountingstatements, ledgers, checks, money orders or other commercialpaper, telegrams, telexes, pamphlets, circulars, leaflets,

o reports, memoranda, correspondence, surveys, tabulations, audioand video recordings, drawings, photographs, graphs, charts,

- diagrams, lists, computer print-outs, and all other writings andother data compilations from which informat.i.n can be obtained.

CD "Identify" with respect to a document t--all mean state the0 nature or type of document (e.g., letter, memorandum), the date,

if any, appearing thereon, the date on which the document wasprepare 'd, the title of the document, the general subject matter

C of the document, the location of the document, the number ofpages comprising the document.

CC. "Identify" with respect to a person shall mean state thefull name, the most recent business and residence addresses andtelephone numbers, the present occupation or position of suchperson, the nature of the connection or association that personhas to any party in this proceeding. If the person to beidentified is not a natural person, provide the legal and tradenames, the address and telephone number, and the full names ofboth the chief executive officer and the agent designated toreceive service of process for such person.

"And" as well as "or" shall be construed disjunctively orconjunctively as necessary to bring within the scope of these'interrogatories and requests for the production of documents anydocuments and materials which may otherwise be construed to beout of their scope.

SCHILLER, d * & CER1FA D EPORft B8EB -8 PH 133HIULABRAND A fro*W"Corpra*on 0

February 4, 1988

Ms. Patrice Salud WilligC/O Patrick S. HallinanHALLINAN & POPLACK345 Franklin StreetSan Francisco, Ca.94102

In Re: MATTER UNDER REVIEW VS. ELECTION COMM.

Dear Witness

Your deposition which was recently taken pursuant to the10 caption on the enclosed transcript is being sent to you for

0 review.

~. Please read, correct, sign, and return this transcript toour office at the address above, as soon as possible.

As officers of the court it is our responsibility for filingthe deposition with the appropriate court before the trialof this matter.

o Thank you for your cooperation.

iqu.

cc: All Counsel

520 Sutter Street /off Union Square San Francisco. CA,' 94102Tetephone 415, 788-5350

FEDERAL ELECTION COMMISSIONWASHINGTON. D.C. 20*63 March 16, 1988

Certified MailReturn Receipt Requested

Patrick S. Hallinan, EsquireHallinan & Poplack345 Franklin StreetSan Francisco, CA 94102

RE: MUR 2543Leonilo L. Malabed

Dear Mr. Hallinan:

Enclosed are checks for witness fees payable to LeoniloMalabed and Patrice (Malabed) Willig, each in the amount of

0 $32.10. Please forward these checks to your clients.We are still awaiting the receipt of the items discussed in

a letter dated February 12, 1988, which items you agreed toprovide at the depositions in this matter. Counsel in youroffice stated during a telephone conversation on March 11th that

O these items and a statement supporting the assertion'of the FifthAmendment privilege would be provided within a week. Promptattention and delivery will be appreciated.

If you have any questions, please contact Celia Jacoby, theattorney assigned to this matter, at (202) 376-5690.

General Counsel

EnclosuresChecks (2)

lEC IVEUFEDERALt fLE= 10 OMIS

MAIL ROOMMISOLAW orricts or

HALLINAN & POPLACKNHRIAm:7345 FRANKLIN SYRCECT R2 N1:1SAN FRANCISCO, CA 94103

(415) 6115

COMarch 17, 1988 C

Mo. Celia Jacoby, Esq. -1Office of the General Counsel999 E Street North~est .

Washington, D.C. 20463

Dear Ms. Jacoby:

As the week nears its' end, I realize that Iwill not be able to forward all of the documentsyou have requested by Friday, march 18th. itappears that I will need another week to properly

O compile the four categories of documents wediscussed. Be assured that I will do my utmost toexpedite the delivery of these documents to you.

Thanking you in advance for your kindconsideration, I remain,

Sincerely Yours,

Katherine Alfieri

* RLCLECTiON COMMISSIONLAW *"ie OF

HALLINAN. &Is#OPL.ACK881R8AlI0348 FRANKLIN L, BMR28WOSAN FrAN4ssCQ~ A *4109

March 23, 19818

Ms. Celia Jacobyoffice of the General counsel999 E Street North WestWashington, D.C. 20463

Re: Dr. Leonilo Malabed

Dear Ms. Jacoby:

o Enclosed please find the documents you

V requested of our office.

o I have obtained a copy of Judge Orrick'soriginal order as per your request. I have alsotaken the liberty of enclosing a copy of the orderpermitting our office to review the sealed file anda copy of the order unseal ing the four specified cdocuments in the sealed file. c

Regarding your concern about what documentsare sealed in the file, I have sworn out a 00

Cdeclaration reciting from my memory and my notes my ,-,

recollection of the contents of the sealed file.

As per your request for evidence on who theremittur was on funds transferred from the _

Phillipines to Dr. Malabed, I have obtainedcopies of two Bank of America transfer slipsevidencing the remittur to be Carlos Malabed, Dr.Malabed's now deceased father.

Regarding your request for additionaldocuments on the Bank of California loan to LarryAsera Dr. Malabed co-signed, I have obtained adeclaration from the bank manager, Elpidio PioBarrera, attesting to the terms and circumstancessurrounding the loan.

PAGE TWOCelia Jacoby Letter

As to your request regarding the status of thefederal civil case pending against Dr. Kalabed inthe Western District of Washington at Seattle, Ihave enclosed a memo reciting the grounds f or hisassertion of his fifth amendment privilege againstself-itncrimination and a copy of the complaint inthe action.

0 1 hope that these documents satisfy all of

o your requests and finally put an end to the FederalElection Commission's investigation of Dr. Malabed.

- Should I be able to be of further assistance inthis matter, please do not hesitate to contact me.

o Thanking you for your kind consideration andpatience in this matter,I remain,

p.. Sincerely Yours,

C:) Katherine Alfieri0 Attorney for Dr. Malabed

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F ILE D

JUN - 4 1986

ILLIAM L YIHITTAK[R, CLERA

NIA

No. Misc. 8688 WHO

ORDER

The Court, having reviewed the papers filed in this

matter, and inspected the documents submitted to the Court, In

,camera, and having conducted an in camera hearing,

IT IS HEREBY ORDERED that the documents submitted to

the Court by Dr. Leonilo Malabed are personal documents, not

corpo rate documents. As such, Dr. Malabed can validly exercise

his Fifth Amendment privilege with respect to those documents.

They need not be~disclosed in discovery in this action.

Dated: June 4, 1986.

William H. OrrickUnited States District Judge

UNITED STATES DISTRICT COWF

NORTHERN DISTRICT OF CALIFOT

In re Deposition ofDr. Leonilo Malabed

ESTATE OF SILME G. DOMINGO,et al.,

Plaintiffs,

VS.

REPUBLIC OF THE PHILIPPINES,et al.,

Defendants.

0

0

C

cr~

or:

PATRICK SARSFIEWD IALLINANHALLINAN & POPIACK345 Franklin StreetSan Francisco, CA 94102

Telephone: 415/861-1151

RECEIVEDDEC 4 1987

WIWA L WHITTAKERaDM1 111~ DISUC W

N0Oll D=rRcr OF !ALIA

UNITED STATE DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DOMINGO,

Plaintif fVS.

REPUBLIC OF THE PHILIPPINES,et al.#

Defendants.

GOOD CAUSE APPEARING, it

No. for Dep. 86-215

Misc. No. 86-088

ORDER PERM4ITTING REVIEW OFSEALED FILE BY DEFENDANTMALALBED I S COUNSEL

is hereby Ordered that Defendant

Malabed's attorneys, HALLINAN & POPLACK be permitted to review

the file of documents sealed in the above-captioned matter,,

pursuant to this court's previous order.

IT IS SO ORDERED.

Dated: December -,1987.

WILLIAM H. ORRICKUnited States District Judge

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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AM~f"N L "O

No for Dept. 86-215

Misc. No. 86-088

ORDER UNSEALING FOURSPECIFIED ITEMS INSEALED FILE-

GOOD CAUSE APPEARING, it is hereby ordered that the list of

four documentso specified in Attachment A, from the file of

documents sealed at defendant Nalabed's request in the above-

captioned matter, pursuant to this court's previous order, be

unsealed for the singular purpose of complying with the Federal

Elections Commission's subpoena requesting the production of

said documents.

DATED: -DEC 17 IN? 1987.

WILLIAM He ORRICK(

HONORABLE WILLIAM M. ORRICKUnited States District Judge

r~c 21981l

V SUBMITMG COUNSEL ARE

DIRECTED TO SERVE THIS ORDER UPON

PATRICK SAMSFIEWD IALLNA fHALLINAIN & PQPIACKsc ALL OTHER PARTIES IN THIS ACTION

345 Franin~f StreetSan Tranciuco, Ch 94202 v&Telephone: 415/661-1151 M

Attorneys for Do fondanlt cpk-V-1%i

Ir4.

CC

DOMINGO,

Plaintiff,

vs.

pHILpPIN~gat al.,

Defendants.

S3 Item One:

Check #132, Setebe 9,, 198040 "CAssermy a 1980ttee

$2500.00

Item Two

Check #140, Feury 20.198013 "DillocratrcfortBardaofCodmcation

$1000.00

a~19 "Asmby1/0

20200.0

21 e Four

V2151/

26 I/

27 //

ORDER UNSEALING ITEMS

1 TICK SARSFIELD HALLINANTH'RINE ALFIERI

2LLINAN & POPIACK45 Franklin Street

3 an Francisco, CA 94102elephone: (415) 861-1151

4ttorneys for Defendant

5 R. LEONILO MAIABED

6

7 UNITED STATES DISTRICT COURT

8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE

9

10 ,STATE OF DOMINGO, et. al.

0) 11 Plaintiffs, No. CR 82-1055R

12

13 PUBLIC OF THE PHILLIPINES, DECLARATION OF

o4t. al.,, KATHERINE ALFIERI

15 Defendants.

o 16 Katherine Alfieri asserts the following:

17 I am an attorney duly licensed to practice law in the state

18 f California. I have also been admitted to the federal bar in

19 the Northern District of California. I am an associate in the

20 aw firm, Hallinan & Poplack, which has been retained as counsel

21 Eor Dr. Malabed.

22 Pursuant to the Honorable William H. Orrick's order in the

23 atter known as, Misc. No. 86-088, certain documents submitted to

24the court for in camera review were sealed at Dr. Malabed's

25 equest.

26 After receiving the Federal Election Commission's subpeona

27 equiring Dr. Malabed to produce copies of any documents,checks,

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Dr instruments used to contribute to various political

2ampaigns, I obtained the court's permission to review the sealed

ile for the sole purpose of determining whether documents

xisted in it which fell within the scope of the commission's

Subpeona.

After review of the sealed file, I determined that four such

documents were encompassed by the subpeona and requested the

2ourt to unseal those four documents so that we could comply

ith the commission's document production request.

I reviewed the sealed file for several hours from cover to

.over. It is based upon my recollection and the notes I took

uring my review of the sealed file that I state on information

and belief that the documents contained in the file included the

Eollowing:

(1) Declaration of Bonefacio Gillego(2) Declaration of Leonilo Malabed, M.D.(3) Declaration of Paul Couenhoven, Esq.(4) Motion to Compel Production of Documents(5) Declaration of Russell P. Cestare(6) Deposition of Leonilo Malabed, M.D.(7) Court Reporter Notes of Carl Plinee (Ct. Rptr.)(8) Various Personal Checks from Dr. Leonilo Malabed's

personal checking account from 1979-1982.

I declare under penalty of perjury that the foregoing is

true and correct to the best of my knowledge, except where stated

on information and belief, as to those matters I believe them to

be true, and if called upon to testify to the matters stated

lerein, I would be competent to so testify.

A 11 AN-k,(tAAl1 ( M~tfNIAfoV"f" t to, the 100ffiristy eq Woited below

IAdvi,e itndt npnn ide,,rifictirn" fily-: zc

I I Undor Advir.', cre4,t acrooont of: DR. LBONIWO L, NALAJED

Oy Orer Of: CARLOS wsz

Rr'rnfhis

fyrnt in 0t in mcordance with instwctions from: -

Pfus To OMue From-_1WCCOtNT N.5~3

TheirPHILIPPINE NATIONAL BANKa

M N I I v P I L I P I N UT h e ir R

10 ~~l~v47i

CAfl

jut...

I.

obledoe 4/23/79

11. RANK 0IADVICE

NON-NEGOTIABLE

The aottarhed chnit is in reimbirsement ofWpVyment to the b~eeiriarY as indieated below:

'I'I 11: BAN K 0F CA[ .1 01M I N

Wo 'ItflV' Itjq,:f, I,,; SAN FRANISCOq CALIFORNIAA i~',kt atirt tsptm itpifctf pay.j~iy

II Ilgodrr adtvif-P riodif irrmnint of- DR. LOENILO M. MAIABED

-X

IS I1499997.50

('AI 11 ( WI'\ INTERNATIONAL 01 VISION

4/23/ 79( ' I

Mi. 50111

f,,,, fl

qW ly M)tr, CARLOS MALABED

fa PO

Paeirvil itiadp in accoidance withs iistiticleons fromnIffto To I lfone From 568-_83

--- NO -------1-NO.

PHILIPPINE NATIONAL BANKMANILA,oPHILIPPINE

I ercable dood 4/23/79fth dte9

Their Reference No.

ADVICENON-NEGOTIABLE

U. S. Dollars

Lose Handing chargoa

I2.50ftet Amount of Cheo*

U.S Sus .$19975-

'1111- KAN K I[ C~I ( )I\ INTEFRNZATION niv .iION

'23/79rfP)1450114

co M . 7 I"2(P~~v4 75)

I C U r f pfir v

PARZCK SARSFIEW H4AKAHERINE A. ALFIER*

2 HM.LZWAN & POPIACK345 Franklin Street

3 San Francisco# CA 94102Telephone: (415) 861-1151

4Attorneys for Defendant

S LEONILO MALABED, M.D.

6

7 UNITED STATES DISTRICT COURT

8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE

9

10 ESTATE OF DOMINGO, et als,

plaintiffs,

REPUBLIC OF THE PHILLIPINES,let al.,

16

17

18

19 1982.

20

Defendants*

NO. C82-1055R

DECLARATION OFELPIDIO PIO BARRERA

/

F, ELPIDIO PIO BARRERA, assert the following:

I was the Bank Manager at the Bank of California from 1979-

In 1980, Larry Asera was running for Congress in Sonomna

County. In order to finance his campaign, he sought a fifty

thousand dollar ($50,000) loan from the Bank of California.

The Bank of California provided Larry Asera with the fifty

thousand dollar loan. The loan was co-signed by Dr. Leonilo

Malabed.

Larry Asera unexpectedly lost the election, and resultantly

defaulted on the loan.

Therefore, Dr. Malabed became responsible on the loan and

U;

0

21

22

23

DECLARATION' oF 1 PIO W R

1paid of f the loan in installments.

2 1 I am personally familiar with the circumstances surrounding

3 this particular loan due to my involvement as a deponent and

4 declarant on behalf of the Bank of California and the parties

5 in the matter, Estate of Domingo, et. al., v. Republic of the

6 lPhillipines, et.al., C82-1055R.

7 1 declare under penalty of perjury that the foregoing is

8 true and correct, except where stated on information and belief,

9 and as to those matters I believe them to be true. I would be

10 1competent to testify to any of the matters stated herein if I

11 were called upon to do so.

U. W 12 Executed this day of March, 1988 at San Francisco,4 SJ C11"i 13 California.

J T 14

V z ELPIDIO PI O BARRERAIL 16

z* 17

o 181/

00 19/1

20//

211/

221/

23/1

24I/

25//

26//

271/

281/

TO: Celia Jacoby, Esq.FROM: Katherine Alfieri, Esq.RE: Basis for Dr. Malabed's Fifth Amendment AssertionDATE: March 23, 1988

BACKROUN

The action entitled, Estate of Domingo et. al. v. Re~ublicof the Phillivines. et.al., No. C82-1055R, was originally filedin September of 1982. Dr. Malabed is named as one of nineteendefendants, which include Ferdinand and Imelda Marcos, and theRepublic of the Phillipines.

This litigation arose out of the murders of Silme Domingoand Gene Viernes. Domingo and Viernes were prominent and activemembers of the anti-Marcos opposition in the United States. Theywere shot and killed in Seattle Washington in June of 1981. Theassailants who shot and killed Viernes and Domingo were tried and

o convicted of the murders.

04 Plaintiffs allege that the Mabuhay Corporation was a vehiclethrough which monies were moved to the United States from thePhillipines. Plaintiffs' further allege that the money

o transferred to the Mabuhay Corporation was used for the purposesof suppressing dissent by anti-Marcos Filipinos in the UnitedStates. Moreover, plaintiffs' allege that the Mabuhaycorporation was a public cover for a secret Phillipine slush fundwhich provided the money that was actually used to purchase the

o murders of Domingo and Viernes.

Plaintiffs further allege that during the period of time

immediately prior to 1982, Dr. Malabed was acting as an agentfor the Phillipine Marcos government. Therefore, as a foreigngovernment agent he was responsible to register his statuspursuant to the Foreign Agent Registration Act.

STATUS OF THE CASE

The federal causes of action alleged by plaintiffs include:42 USC Section 1985(3), 42 USC Section 1986, 28 Section 1602Et. Seq.,and pendent state claims of wrongful death. Defendantshave not yet filed answers to the complaint. We have had the 42USC Section 1985(3) and 1986 causes of action recently dismissedfor failure to state a claim.

THE BASIS OF THE FIFTH AMNDMENT ASSERTION

Dr. Malabed's fifth amendment privilege assertion is validfor two distinct reasons. First, plaintiffs' allegation in thefederal civil lawsuit, alleges that the Mabuhay Corporation, inwhich Dr. Malabed was involved, was used as a cover for a secretPhillipine slush fund which paid for the murders of Domingo andViernes. Dr. Nalabed's fifth amendment assertion directlycorrelates to this obvious potential criminal liability.

Also, plaintiffs' allegations that Dr. Malabed was an agentof the Phillipine government while in the United States givesrise to the potential liability he faces pursuant to the FederalAgents Registration Act. Again, Dr. Malabed's fifth amendmentassertion directly correlates to this potential liability.

CM,

1 MON. BARBARA J. ROTHSTEIN

2 RECEIVED

3 DEC 2 11987

4 HALUNAN & POPLACK5

6 UNITED STATES DISTRICT COURT

7 WESTERN DISTRICT OF WASHINGTON

8 Estate of SILME G. DOMINGO by Personal)Representative TERRI J. MAST; LIGAYA )

9R. DOMINGO and KALAYAAN M. DOMINGO, )Children of the Deceased, by their )

1mother and next friend TERRI J. MAST;)Estate of GENE A. VIERNES by Personal )

11Representative BARBARA VIERNES, CIVIL ACTIONCV) NO. C82-1055(V)R

12 Plaintiffs,THRAMNE

o 13 V. COMPLAINT FOR DAMAGES) WITH JURY DEMAND

- 14 FERDINAND MARCOS, IMELDA MARCOS;)REPUBLIC OF THE PHILIPPINES;)

r. 15 CONSTANTINE L. BARUSO, PAUL D. LIAM, )each individually and in their)

o 16 official capacities; FORTUNATO L.)DICTADO, JIMMIE B. RAMIL, POMPEYO B. )

qW 17 GULOY, JANUARIO "BOYSIEN CAMPO,EDUARDO LOPEZ, JANE DOE BARUSO, JANE )

1s DOE LIAM, JANE DOE DICTADO, JANE DOE )01 RAMIL, JANE DOE GULOY, JANE DOE)

19 CAMPO, JANE DOE LOPEZ; LEONILO)MALABED and YVONNE MALABED,)

20Defendants.

21

22 INTRODUCTORY STATEMENT

23 On June 1, 1981, Silme Domingo and Gene Viernes were mur-

24 dered. The murders were made to appear as if they arose out of a

25 dispute over union dispatch involving disgruntled cannery workers.

26 In reality, they were committed at the direction ofol iasf.

27THIRD AMENDED COMPLAINTFOR DAMAGES - 1

GI335 DOUGLAS. THEILM & DRAcHLEIN02 160 Smilh Tower. Seaoile. WA 98 1 C'4

(20E6 623-09CVX

-fe

Ithe Philippine government. They were based on information about

2 Domingo and Viernes provided by the Philippine and U.S. govern-

3ments. The murders were arranged by defendant Constantine Baruso

4on behalf of the Philippine government. The murders were but one

5overt act of a broader tortious conspiracy to surveil, harass and

6 intimidate the class of anti-Marcos Filipinos in the United

7States. This opposition includes individuals and organizations who

8 exercise their lawful and constitutional right to oppose the policy

9and actions of the Marcos regime in the Philippines and the policy

10 of U.S. government support for that regime. The parties to this

11broader conspiracy include officials and agents of the Philippine

CY 12 and U.S. governments, and private individuals such as defendant

13 Baruso who have acted as agents of either or both governments.

0 4 The broader conspiracy has existed since Marcos imposed

N 15 martial law in the Philippines and sent his first agents to the

o: 16 U.S., in 1973. Agreements by officials of both governments were

V 17 reached in late 1980 and early 1981 to intensify the level of

C: issurveillance and harassment of the anti-Marcos opposition. J9i,13-19

W- 19 herein. These agreements led directly to the surveillance of and

C. 20 subsequent murders of Domingo and Viernes.

21 Domingo and Viernes were prominent and active members of the

22 anti-Marcos opposition. They were also officials of the Interna-

23 tional Longshoremen's and Warehousemen's Union (NI.L.W.U.") Local

24 37. In March through June 1981 they became the specific targets of

251 the intensified intelligence operations. Viernes' and Domingo's

26 views, travel and activities in Northern California, the Philip-

27 THIRD AMENDED COMPLAINT

FOR DAMAGES - 2GEBBS. DOUGLAS. THEILER & DRACHLEB

02MO 1613 Smnih wer Seattle WA9E!,-4

_ngr,:£~9

I pines, Honolulu and Seattle attracted the interest and concern of

2 U.S. and Philippine intelligence agencies and agents, who exchanged

3 specific and highly explosive information about them. 20 " M11.

4 Philippine government agents initiated an operation, involving

5de fendant Saruso and others, to murder Domingo and Viernes.- They

6 were murdered on June 1, 1981. 1133-40. When Domingo named his

7 assailants, agents and officials of the two governments acted to

8avoid criminal liability for the hitmen and Baruso and to prevent

9the exposure of the underlying conspiracy. 1141-46.

10 The murders of Domingo and Viernes have their origin in the

17 11ongoing conspiracy against the anti-Marcos opposition, involving

04 12 officials and agents of the U.S. and Philippine governments. 47

V 13 et sea. The conspiracy has engaged and continues to engage in0

14 specific tortious overt acts. These are of the same character as

~. 15 those used in the Domingo-Viernes operation, including the collec-

o 16 tion of intelligence information regarding the anti-Marcos opposi-

17 17 tion, 57,, the mutual exchange of such information by the two

0 18 governments, J158-59, and the use of physical violence and threats

co 19 thereof to harass and silence the anti-Marcos opposition. 160.

4 20 The actions of the Philippines and its agents and officials

21 which subject it to liability include the tortious acts of:

22 (a) Joining the conspiracy against the anti-Marcos opposition

23 as alleged herein and agreeing to carry out its aim and goals by

24 the agreed upon means;

25 (b) Failing to prevent the conspiracy, knowing that acts of

26 physical violence, threats and harassment of the anti-Marcos

27THIRD AMENDED COMPLAINTFOR DAMAGES - 3

GillS. DOUGLAS, THEILE & DRACHLER1613 Srniih Tcowei. Seattie WA 98 1 ,

12 1*)el ?2 -0O

I opposition would be perpetrated by agents of the Philippines;

2 (c) Surveiling and conspiring with defendant Baruso to murder

3 Domingo and Viernes on account of their anti-M~arcos beliefs and

4 activities;

5(d) Directing and participating in the cover-up of the

16 murders of Domingo and Viernes.

7 The actions of the U.S., its agents and officials include the

8 tortious acts of:

9 (a) Joining the conspiracy against the anti-Marcos opposition

10 as alleged herein and agreeing to carry out its aims and goals by

11 the agreed upon means;

CY 12 (b) Failing to prevent the acts taken pursuant to this

13 conspiracy, knowing that acts of physical violence, threats and

14 harassment of the anti-Marcos opposition would be perpetrated by

K 15 agents of the Philippines;

o 16 (c) Collecting and disseminating to agents and officials of

I'17 the Philippines specific intelligence information regarding the

is~ beliefs, activities and aims of Viernes and Domingo, knowing that

19 the collection and dissemination of such information to the Philip-

20 pines would directly cause its agents to conduct further intel-

21 ligence operations and acts of physical violence, threats or

22 intimidation directed at them;

23 (d) Failing to prevent acts of physical violence, threats and

24 the murders of Domingo and Viernes, by agents of the Philippines,

25 while knowing that such acts were likely and having the power and

26 ability to prevent said acts;

27THIRD AMENDED COMPLAINTFOR DAMAGES - 4

GIBBS, DOUGLAS, TEaLE & DRACHLEJI'6 1Smrnh owe! Sea,-i-VWA 9E'4

I (e) Participating in the covero-up of the murders of Domingo

2 and Viernes.

3 JUBZE.S.CLTIO

4 1. This court has jurisdiction of this matter under 28

5U.S.C. §§1330l 1331, 1343, 13461 1602 a sglt 1651, 2201, 2202 and

61 2671 &t sg., under 42 U.S.C. 111985(3) and 1986, and under pendent

7 jurisdiction with respect to causes of action under laws of the

8 State of Washington. The amount in controversy exceeds $10,000,

9 exclusive of costs and interest.

10 PLAINTIZFS

-0o 2. Plaintiff Terni J. Nast sues as personal representative

CQ 12 of the estate of Silme G. Domingo, deceased. Plaintiff Mast is a

V 13citizen of the United States and the State of Washington. Silme G.

0 14Domingo was a citizen of the United States and a resident of the

N 13 State of Washington.

o 16 3. Plaintiffs Ligaya R. Domingo and Kalayaan M. Domingo are

17 17the minor daughters of Silme G. Domingo. They are citizens of the

0 18 United States and residents of the State of Washington. They bring

OD 19 this action through their mother, guardian and next friend, plain-

CC 20 tiff Terri J. Mast.

21 4. Plaintiff Barbara Viernes sues as personal representative

22 of the estate of Gene A. Viernes, deceased. Plaintiff Viernes is a

23 citizen of the United States and a resident of the State of

24 Washington. Gene A. Viernes was a citizen of the United States and

25 a resident of the State of Washington.

26

27 THIRD AMENDED COMPLAINT

FOR DAMAGES - 5GIBBS. DOUGLAS, THEILEB & DRACHLEJ4

92 41WO ~16 13 Smith Tower, Seattle WA 9F 6014

2 5. The Republic of the Philippine s (Atho philippines') is a

3foreign state. it is not immune from suit herein, because the

4action is of a type enumerated in 28 U.S.C. 11605(a)(5). The

5tortious actions alleged herein of the agents, officials and

6 employees of the Philippines, including Unnamed Philippine Agent 1,

7caused the deaths of Domingo and Viernes in the United States and

8 were performed within the scope of their office, employment or

9duties for the Philippines.

10 5A. Defendants Ferdinand and Imelda Marcos are residents of

11 the State of Hawaii. They were at all times, relevant officers and

12 agents of the Republic of the Philippines and part of the con-

13 spiracy against the anti-Marcos Philippine opposition as alleged in

0 4 this complaint. They are sued individually and in their capacity

1as such officers and agents. In addition, the Marcos defendants

o 16 are liable to plaintiffs under the theories stated in this third

V 17 amended complaint for the acts of the other defendants and unknown

o is Philippine government agents as alleged herein.

W 19 6. Wherever the term "yunknown Philippine agents" appears it

or 20 refers to certain specific agents, officers or officials of the

21 Philippine government, acting in their official capacity and within

22 the scope of their responsibility, duties and employment, who are

23 part of the conspiracy against the anti-M~arcos opposition and for

24 whose actions the government of the Philippines is liable. The

25 identities of these agents and Unnamed Philippine Agent 1 are

26 currently not known to plaintiffs. They will be added as deferi-

27 THIRD AMENDED COMPLAINT

FOR DAMAGES - 6

GEBDS. DOUGLAS. THEMLE & DRACHLER1613 Smith Towe:. Seotfle WA 9E'04

920 (26 1623- 0 90

1dants when their identities become known.

2 7. Paragraph 7 is deleted because the Court has dismissed

3the United States.

4 8. Wherever the term ffunknown U.S. agents' appears it refers

5to certain specific agents, officers, or officials of the United

6 States acting in their official capacities and within the scope of

7their responsibility, duties and employment and as part of the

8 conspiracy against the anti-Marcos opposition. The identities of

these agents and of Unnamed U.S. Agent A are currently not known to

10 plaintiffs. They will be added as defendants when their identities

11are known.

12 9. Constantine L. Baruso is a resident of Seattle, Washing-

13 ton. He is or was at relevant times an officer and agent of the

14 Philippines and of the United States and part of the conspiracy

15 against the anti-Marcos opposition. He is sued individually and in

16 his capacity as such officer and agent.

17 10. Paul D. Liam, also known as Napoleon D. Liam and as Paul

is David, is a resident of Seattle, Washington. He is or was at rele-

19 vant times an intelligence operative, officer and agent of govern-

20 mental agencies of the United States and of the Philippines and

21 part of the conspiracy against the anti-Marcos opposition. He is

22 sued individually and in his capacity as such an officer and

23 agent.

24 11. Fortunato L. Dictado is the leader of the Tulisan gang.

25 Jimmie B. Ramil, Pompeyo B. Guloy, Januario 'Boysiem Campo, and

26 Eduardo Lopez are members of the Tulisan gang. -Dictaq pd aril

27 THIRD AMENDED COMPLAINT

FOR DAMAGES - 7GMBDS. DOUGLAS. THUILE & DRACKLE

1613E mithTcvwe: Seatte A98,:,4(2 D lIE _ - -

0~

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W.,

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are residents of the Washington State Penitentiary in Walla Walla.

2 Guloy is a resident of the Washington State Penitentiary in

3Monroe. Collectively, the defendants named in this paragraph are

4referred to herein as "the Tulisan gang defendants."

5 12. Jane Does Baruso, Liam, Dictado, Ramil, Guloy, Campo and

6 Lopez are the wives of the other named defendants. The marital

7 community of each is liable for the acts of the husband defendant

8 alleged herein.

9 12A. Leonilo Malabed was at all relevant times an agent of

10 the Philippines and a member of the conspiracy against the anti-

11 Marcos opposition, as alleged herein. Malabed is sued individually

cl 12 and in his capacity as such agent. The marital co1~munity is liable

V 13 for the acts of defendant Leonilo Malabed.

0 4FAT

15 1. THE MURDERS OF DOMINGO AND VIERNES

16 13. The surveillance and murders of Domingo and Viernes for0

7their anti-Marcos views flowed directly from intensification of the

IS1 ongoing conspiracy against the anti-Marcos opposition, which inten-

cc 19 sification was caused by the agreements reached between officials

(r, 20 of the United States and Philippine governments as alleged herein.

21 A. INTENSIFICATION OF THE CONSPIRACY

22 14. In December, 1980 Imelda Marcos, wife of Philippine

23 President Ferdinand E. Marcos and acting as an official of the

24 Philippines, met with President-elect Ronald Reagan at the Waldorf

25 Towers Hotel in New York City. In this meeting, Mrs. Marcos

26 secured Mr. Reagan's agreement to two objectives. The first was to

27THIRD AMENDED COMPLAINTFOR DAMAGES - 8

GIBBS. DOUGLAS, THEILEB & DRACHLEHR

02 . * :1SI~~'e'~ A~

Iallowi the Philippine government to increase and upgrade the

2 presence and use of intelligence agents in the U.S. to monitor and

3 operate against anti-Marcos Philippine activists as well as to

4direct the F.B.I. and military intelligence agencies to conduct

5similar intelligence operations against the anti-Marcos movement in

6 the U.S. The second was the agreement to support passage of a

7 U.S.Philippine extradition treaty which could be used to extradite

8 to the Philippines leading anti-Marcos critics living in the U.S.

91 15. After this meeting, Imelda Marcos communicated personal-

10 ly to others, including prominent members of the anti-Marcos

o 11 opposition Steve Psinakis and the late Philippine Senator Benigno

1~ 12 Aquino. She told them she had secured Reagan's approval for a

S 13 crack-down on the anti-Marcos opposition in the U.S. She specifi-

c 14 cally threatened physical retaliation against those anti-Marcos

1activists who undertook specific actions in the Philippines to

16 "cause trouble"v for the regime. On information and belief she

0 17 communicated the agreement to General Fabian Ver, who is Director

o 18 of Philippine intelligence agencies, and to her brother, Ambassador

CD 19 to the U.S. Benjamin T. Romualdez. She directed them to implement

c, 20 the agreement reached, which they did.

21 16. On information and belief, Reagan communicated the sub-

22 stance of his discussion with Imelda Marcos to then-Secretary of

23 State Alexander Haig, Attorney General William French Smith,

24 Defense Secretary Caspar Weinberger and to Vice President George

23 Bush. These officials agreed to take the appropriate steps within

26 their respective agencies to increase the efforts of each agency to

27 THIRD AMENDED COMPLAINTFOR DAMAGES - 9

GIBBS. DOUGLAS. TiIEILER & DRACHLEIR

V2 mo 113 Sri-hTovweT Seait~e WA 9F104112 LII . Y4 '

I lnonit~or, surveil and neutralize anti-M~arcos opposition groups and

2 to cooperate with Philippine agents conducting similar operations.

3In 1981 Haig personally delivered a letter to Ferdinand Marcos

4signed by Reagan promising such an effort. Bush also personally

5 conveyed similar assurances that same year.

6 17. This agreement was also discussed in the National

7Security Council early in the administration of Ronald Reagan.

8 High officials and unknown agents of the U.S. were and are aware of

9the ongoing conspiracy against the anti-Marcos opposition and agree

10 with its objectives as described herein. Specifically, they knew

1from their review of the documents described in Paragraph 61 and

S12 other intelligence cables, documents and summaries that Philippine

qW 13 intelligence agents have engaged in a pattern and practice since

O 1 1973 of monitoring and operating against the anti-Marcos opposition

1in the U. S. They knew that these operations included the use of

16 illegal overt acts of physical violence, harassment and murder of

~. 17 leading and active members of the anti-Marcos opposition. They

o-7 1s knew that the acts they were undertaking, alleged in the preceding

(n 19 paragraph, were part of the conspiracy. They further knew that,

cc 20 with the increase in the level of surveillance on the anti-Marcos

21 opposition, specific information regarding that opposition would be

22 collected and disseminated to Philippine intelligence agencies.

23 They' further knew that the Philippines would target specific

24 anti-Marcos individuals mentioned in such reports for further

25 surveillance, physical violence, harassment and intimidation.

26 18. As a result of these meetings and discussions, U.S. in-

27 THIRD AMENDED COMPLAINT

FOR DAMAGES - 10

GIBBS, DOUGLAS. THEILER & DBACHLERI

02 4i!W i mitnh T owe- Seattie. KA 9r- 14(29 1' K 01

I telligence agencies, including the State Department, the Federal

2 Bureau of Investigation (OF.B.I"). the Central Intelligence Agency

3 ("fC.I.A."f),, the Defense Intelligence Agency (ND.I.A.N), the

4National Security Agency (ON.S.A.ff), and Naval Intelligence

5 instituted specific intelligence operations. The twin aims of

6 these operations were to secure increased intelligence information

7on the activities and leadership of the anti-Marcos movement in the

8 U.S. and to cooperate fully with Philippine agents and intelligence

9 agencies conducting similar operations. Specifically it was agreed

10 that these agencies would share intelligence information with

11 Philippine agents both in the U.S. and the Philippines. High

12 officials of the State Department, F.B.I., C.I.A., D.I.A., N.S.A.,,

13 and Naval Intelligence instructed their respective employees and

14 agents to implement these operations, which they did, including

15 those directed against Viernes and Domingo as alleged in Paragraphs

~, 16 21 et seq.

S 17 19. As a direct result of these discussions and agreements,

iin March, 1981 agents of the F.B.I., Naval Intelligence and other

al 19 U.S. agencies began conducting intelligence gathering activities

C. 20 targeting the anti-Marcos opposition, including such organizations

21 as the K.D.P.-Union of Democratic Filipinos and the Movement for a

22 Free Philippines. These activities included physical surveillance,

23 personal interviews, background checks, mail covers, electronic

24 surveillance, the use of confidential informants, analyses of the

25 literature and publications of the anti-Marcos opposition, and

26 other forms of intelligence collection and analysis. These efforts

27THIRD AMENDED COMPLAINTFOR DAMAGES - 11

GIRDS. DOUGLAS. THEU.ER & DRACHLERI24~w (2O~EU l

I. C.

Itook place nationwide, including in San Francisco, Los Angeles, St.2 Louis, Boston, McLean, Virginia, Washington, D.C. and elsewhere.

3Involved in this intelligence collection and analysis, among

4 others, were F.B.I. agents Mike Henry and Leo Montoya (San Francis-

5co office), State Department officials Alice K. Straub and John

6 Maisto (Political Officer, American Embassy, Manila), and unknown

7 intelligence agents of the Naval Investigative Service in Alameda,

8 California. Specifically targeted for such techniques were the

9late Philippine Senator Benigno Aquino, Raul Manglapus, Steve

10 Psinakis, and the leadership of the K.D.P. in the San Francisco Bay

11Area.

12 B. THE ACTIONS OF DOMINGO AND VIERNES PRECEDING THEIR MURDERS

13 20. In early March, 1981, Viernes planned to travel to the

0 14 Philippines to visit his relatives and meet with numerous in-

15 dividuals and organizations of the anti-Marcos opposition, includ-

16 ing anti-Marcos trade unions. He first met with the K.D.P. leader-

104 ship in the Bay Area in early March. He also hoped to propose a

C7 18 resolution at the April, 1981 I.L.W.U. convention regarding the

C" 19 poor working conditions in the Philippines resulting from Marcos"

cc 20 anti-labor martial law decrees.

21 21. In March, 1981, as a result of the increased surveillance

22 activities directed at the KOD.P. leadership in the Bay Area

23 described in Paragraphs 16 through 19, U.S. intelligence agencies,

24 including the F.B.I. and Naval Intelligence, learned of Viernes',

25 trip to the Philippines. Through these surveillance activities,

26 unknown Naval Intelligence and F.B.I. agents reported to their

27THIRD AMENDED COMPLAINTFOR DAMAGES - 12

GEBBS, DOUGLAS. TIIEIER & DRACKLEII6~SmT'.Seaale WA 9E104

Isuperiors that Viernes was carrying $290,000 to give to the opposi-

2 tion movement in the Philippines.

3 22. This report was false. Nevertheless, pursuant to the

4 conspiracy it was communicated by unknown U.S. intelligence agents

5to their intelligence counterparts in the Philippine intelligence

6 agencies and was believed by them. In fact, Viernes had withdrawn

7a small amount of money from an Oakland, California bank account of

8 the K.D.P. and took it with him to the Philippines. He also took

9numerous packages containing gifts for relatives and associates.

1Viernes was also surveilled by U.S. intelligence agencies, includ-

7 11 ing Naval Intelligence, while in the Philippines and was observed

1) 12 in possession of numerous packages which were delivered by Viernes

13 to numerous friends and relatives. These unknown agents reported0

14 the results of their surveillance to their superiors.

15 23. U.S. intelligence officials and agents, including Unnamed

o 6 U.S. Agent A and others named herein as well as those unknown, who

17 17 collected, summarized,, analyzed or exchanged information regarding

0 i Viernes' trip were aware of the ongoing conspiracy against the

CD 19 anti-Marcos opposition. They were aware of the presence of Philip-

cc 20 pine intelligence agents in the U.S. They knew that the acts they

21 were performing, as alleged herein, were part of the conspiracy.

22 They knew that the Philippines had engaged in a pattern and

23 practice of targeting active and effective anti-Marcos opponents

24 for physical violence,, threats and intimidation. They knew that

25 the information they reported regarding Viernes, given its charac-

26 ter and explosive quality, would be communicated to- tb*_44~bippinq IL

27THIRD AMENDED COMPLAINTFOR DAMAGES - 13

GIBBS. DOUGLAS. THEILER & DRACHLEIR92 401W~c~e Sev 0AE

1 government and its agents and operatives in the U.S. They knew

2 that specific operations against Viernes, including physical

3 violence, would result from the information collected and con-

4veyed.

5 24. Ferdinand and Imelda Marcos, General Fabian Ver and other

6 Philippine agents and officials were aware the K.D.P. has been a

7 leading U.S.-based anti-Marcos organization since 1973. They were

8 aware the organization supported the National Democratic Front in

9the Philippines, which is a broad coalition of anti-Marcos groups

10 including the guerilla New People's Army (which had risen in

11strength and influence in the 1970's) and workers, students, and

12 professional organizations. The Marcos regime is engaged in armed

13 conflict and civil war with the N.P.A. in many rural areas.

14 25. In early 1981, Ferdinand and Imelda Marcos and the Marcos

~,15 regime became increasingly concerned with the rapid growth and

o) 16 influence of the Kilusang Mayo Uno (OK.M.U."0) or May First Move-

me nt, a broad federation of labor unions and workers organizations

C, iswith more than 350,000 members. Founded on May 1, 1980 the

M. 19 K.M.U. supports free and independent trade unions and opposes

C 20 martial law, particularly its anti-labor decrees. The K.M.U. has

21 publicly taken positions against the regime, including opposition

22 to U.S. military bases and aid. They planned and carried out large

23 demonstrations against Marcos on May 1, 1981 which caused grave

24 concern to the regime.

25 26. By late 1980 and throughout 1981 Ferdinand and Imelda

26 Marcos, agents and officials of the Philippine government consid-

27THIRD AMENDED COMPLAINTFOR DAMAGES - 14

GIBBS. DOUGLAS. THEIUER & DRACHLEI(IEA?'Smih 7cve Seacfle, WA *154

*(2 0 6El ~: - ,91"

ered the K.M.U.Is anti-Marcos sentiments a growing threat to the

2 regime. They considered the K.M.U. Nsubversivef and vcommunist

3 influencedO and in 1980 initiated a program of intensive surveil-

4lance and disruption of the K.M.U.

5 27. In March 1981, Viernes met with the leadership of the

6 K.M.U, including its President Felixberto Olalia and General

7 Secretary Crispin Beltran. The surveillance program was in full

8 effect. Viernes was photographed, surveilled and identified by

9Marcos agents.

10 28. From this information and information about Viernes

~ ~ provided by U.S intelligence sources as described in Paragraphs 21

12 etjg. unknown agents of the Philippines and specifically

13 Ferdinand Marcos and General Fabian Ver were able to determine0 14 Viernes' identity and the purpose of his trip. This information

15 caused extreme alarm within Philippine intelligence circles which

o 16 resulted in further intelligence operations against Viernes. In

11 17 particular, these agents were concerned that the $290,000 believed

C7 is brought and delivered by Viernes would substantially assist the

CC 19 K.M.U. or other opposition groups in conducting their work and

C1 20 activities. They were also greatly concerned about how Viernes and

21 the K.D.P. had been able to raise so much money to support the

22 opposition.

23 29. Viernes left the Philippines for Honolulu to attend the

24 convention of the I.L.W.U. Upon his re-entry to the U.S. from the

25 Philippines Viernes was "vred-flagged'v by unknown agents of U.S.

26 intelligence agencies, meaning his name was placed on a com-

27THIRD AMENDED COMPLAINTFOR DAMAGES - 15

GIBBS. DOUGLAS, THEILEB & DRACKLEJI1613 Smih Tovwt: Seatile, WA 98 104

Sputerized "vnational security& index which subjected him to surveil-

2 lance during and subsequent to his re-entry to the U.S. This

3 surveillance continued in :effect during Viernes' activities with

4 Domingo at the I.L.W.U. convention in Hawaii described herein.

530. in Hawaii, the Philippine government's intelligence

6 agents were and are headed by Philippine Consul General Trinidad

7 Alconcel. These Philippine government agents learned and reported

8 that Viernes had met with the K.N.U. and other opposition groups in

9the Philippines. They learned he had openly discussed these

10 meetings in Hawaii with fellow I.L.W.U. delegates. They also

11~ reported that Viernes and Domingo, as elected delegates to the

1I.L.W.U. convention, were sponsoring an anti-Marcos resolution

13 which would, for the first time, put the I.L.W.U. on record

0 14criticizing the Marcos regime,'s treatment of the K.M.U. and the

rl 15 Philippine trade union movement. These agents were particularly

o 16 concerned because the resolution would create an I.L.W.U. inves-

'V 17 tigating team to go to the Philippines and report on working

18 conditions and the effect of martial law on trade unions. This

19 resolution was regarded as a clear and immediate threat to the

cc 20 Marcos regime by Philippine officials, including Alconcel and Ver.

21 31. Officials attached to the Philippine consulate in Hawaii,

22 including Alconcel, in consultation with Manila, decided to try to

23 defeat the resolution. At the convention, bitter discussion

24 occurred, with pro-Marcos delegates Bart Alcaraz and Benny Quitives

25 opposing the resolution. Alcaraz was and is a Philippine operative

261 in Hawaii who was the head of personal security when Marcos and/or

27THIRD AMENDED COMPLAINTFOR DAMAGES - 16

GIBBS. DOUGLAS, THEILER & DRACHLER16 12 SmnithTowe-. Seattle WA 98 1 0

S2(206) 623 OT,)

1Inelda Marcos visited Hawaii in 1980, 1981 and 1982.

2 32. These efforts failed, however, and the resolution

31 passed. Domingo and Viernes had engineered its passage. This was

4regarded as an important victory not only in the anti-Marcos

5 opposition in the U.S.,, but by the K.M.U. It was considered a

6 significant defeat by officials of the Philippine government and

7General Fabian Ver.

8 C. THE MURDER PLOT

9 33. On information and belief, immediately after the conven-

10 tion vote, officials at the highest levels of the Marcos regime,

11 including Ferdinand Marcos, General Ver and unknown agents under

12 his command, decided that Viernes and Domingo should be killed

13 because of the significance of their beliefs and actions. The

14 Philippine government, acting through unknown Philippine agents,

13 agreed to provide a large sum of money to accomplish the murders.

16 34. On information and belief, in early May, 1981 Philippine

17 Consulate agents and officials in Hawaii and then I.L.W.U. Local 37

18 president Constantine Baruso met in Honolulu. The meeting im-

19 pressed upon Baruso the gravity of the matter. He was directed to

20 explore ways and means of killing Domingo and Viernes without

21 detection. He agreed to do so and was requested to meet with

22 Philippine agents in Seattle and San Francisco on his return to the

23 mainland U.S.

24 35 Immediately upon returning to Seattle on May 4, Baruso

25 made a plane reservation to fly to San Francisco on May 16 and

26 return the next day. In Seattle and San Francisco, he met with

27 THIRD AMENDED COMPLAINT

FOR DAMAGES - 17

GIDIS. DOUGLAS. THEILEB & DRACHLE161.SmiurETcve' Seal-e VWAE ..

I ~nY -9204

1consulate officials who again impressed upon him the seriousness of

2 the matter and criticized him for allowing Domingo and Viernes to

3 implement effectively their anti-Marcos opposition as Local 37

4 officers. He also met with unknown agents of the Philippine

5 government to discuss the murders. They planned to give the

6 murders the appearance of an internal union dispute over dispatch.

7 35A. While in San Francisco on May 16 and May 17, 1981,

8 defendant Baruso received the sum of $15,000 cash as payment for

9the murders of Domingo and Viernes. The funds for this payment

10 came from a secret Philippine government intelligence slush fund.

1The public "cover"f for this fund was the Mabuhay Corporation,

12 controlled by Ferdinand Marcos, General Fabian Ver, and defendant

13 Leonilo Malabed. One bank account of the Mabuhay Corporation was

14 at the Philippine Bank of California, a bank wholly-owned by the

15- Philippine government. Funds for operating expenses of the Mabuhay

o 16 corporation were provided by the Philippine National Bank, also

S 17 wholly-owned by the Philippine government, and through secret

CD is Philippine government courier agents whose identities are presently

00 19 unknown to plaintiffs.

20 35B. For a period of at least five years from 1978 to 1983,

21 the Mabuhay Corporation expended over $750,000 of foreign funds to

22 expand the propaganda presence of the Marcos regime, make illegal

23 campaign contributions to political candidates, and conduct special

24 missions and special security projects in the U.S., all on behalf

25 of the Marcos defendants. These special security projects, paid

26 for by the Mabuhay Corporation, included the Domingo! Viernes

27 THIRD AMENDED COMPLAINTFOR DAMAGES - 18

GIBBS. DOUGLAS. THEIR & DRACHLERl612S-niphThwe- Secrtie WA9E~

S2(2 0 E ,_ £ -£ 9 "

Imurders, other overt acts of the conspiracy and extensive efforts

2 to monitor and operate against the anti-M~arcos Philippine opposi-

3tion in the United States.

4 36. Baruso met with and discussed the murders of Domingo and

Viernes with Tulisan gang members Ramil, Guloy, Teodorico "fBoy

6Pilayf Dominguez, and Dictado. Baruso agreed to provide his own

7gun as the murder weapon as insurance that he personally stood

8 behind the murder. He agreed to pay the hitmen $5,000 and to help

9them avoid conviction if caught. The Tulisan defendants agreed to

10 carry out the murders.

11 37. While the murders of Domingo and Viernes were being

NT 12 planned,, pursuant to his role in the conspiracy against the anti-

13 Marcos opposition, defendant Paul D. Liam continued his intel-

14 ligence activities described in Paragraph 57. These were directed

N 15 at Domingo and Viernes. Liam communicated with other co-conspira-

o 16 tors about the murders, including Baruso. He knew the identities

S 17 of the Tulisan hitmen.

is1 38. In order to ascertain and further assist the progress of

19 the murder plan, agents of the Philippine government, including

c. 20 General Fabian Ver, dispatched Unnamed Philippine Agent 1 to

21 Seattle. This person was a Lieutenant Colonel or other high-rank-

22 i ng official in the Armed Forces of the Philippines and highly

23 trusted by General Ver. He came to the U.S. in mid-May 1981 and

24 attended a meeting with Ernesto Querubin and Tony Baruso. At the

25 meeting,, the murder and its cover story were discussed and ap-

26proved. Payment for the murders was approved -and Xp~ov4 ded for.

27 THIRD AMENDED COMPLAINTFOR DAMAGES - 19

GIBBS. DOUGLAS, THEILEM & DRACHLEJI16!',Smith Tow. Seattle WA 98; 4

(2 62OE3-09X

Unnamed Philippine Agent 1 returned to the Philippines and reported

2 to General Ver and other officials that the plan was in full ef-

3fect. Officials and agents of the U.S. State Department, F.B.I.,

4C.I.A., D*IeA., N.S.A., Naval Intelligence, Bureau of Customs, and

5 Immigration and Naturalization Service, including those named

6 herein and others unknown, were aware of the presence of this

7military official in the U.S.

8 38A. Defendant Baruso returned from San Francisco on May 17

9and thereafter used the funds obtained from the Mabuhay Corporation

1account and Malabed to compensate himself and two hit men for the

11murders of Domingo and Viernes.

12 39. On June 1, 1981 at approximately 4:40 p.m., Ramil, Guloy

13 and Dominguez entered the hall of I.L.W.U. Local 37. Using the

14 gun Baruso provided, they shot Viernes and Domingo, killing Viernes

15 instantly. Domingo named his three assailants but died the next

16 day.

17 40. The murders of Domingo and Viernes and the cover-up were

18 overt acts of the conspiracy against the anti-Marcos opposition

19 herein.

20 D. COVER-UP OF.THE MURDERS

21 41. Within hours of the shootings, Baruso learned Domingo was

22 not killed instantly as planned. He realized the Tulisan gang

23 defendants would soon be arrested and that other co-conspirators,

24 including himself and other agents of the Philippines, would be

25 implicated.

26 42. Baruso then took steps to cover up the murders. He made

27 THIRD AMENDED COMPLAINT

FOR DAMAGES - 20

GIBBS. DOUGLAS, THEILEB & DRACHLE1613 Smith Tower, Seattle, WA 96104

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(206) 623-09T

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telephone contact with unknown agents and officials of the U.S.

State Department on three occasionls within 24 hours of the murders.

The purpose was to protect himself and the murder conspiracy, to

emphasize to the State Department the political and criminal

implication of Domingo's naming his assailants, and to obtain the

U.S. government's assistance in the cover-up. At the same time

Baruso communicated for the same purpose with agents of the Philip-

pine government.

43. Baruso also decided not to pay the Tulisan defendants,

because of the risk of his being implicated. This decision angered

the hitmen, including Dictado, who caused the murder weapon to be

recovered and identified by the Seattle Police Department. Baruso

was arrested in July, 1981 but was released. He has never been

charged with the murders.

44. As a result of the phone conversations with Baruso, the

State Department officials, whose identities are presently unknown

to plaintiffs, communicated the substance of these three conversa-

tions to unknown agents and officials in the Justice Departm~ent and

the F.B.I.

45. As a result of communications initiated by Baruso,

unknown U.S. and Philippine agents took specific steps to conceal

the events behind the murders, to protect the Tulisan defendants

and Baruso from criminal liability and to prevent the Philippine

government from being implicated in the murders. These steps

included, but were not limited to the following:

a) The use of professional witness LeVane Forsythe; He

THIRD AMENDED COMPLAINTFOR DAMAGES - 21

GIBBS. DOUGLAS. THEILEIR & DRACHLENi

(2 O.~*TcE' S6 a 2 WA9E9

Itestif ied falsely in the trial of Ramil and Guloy that Domingo

2 stated shortly after being shot that he did not know his as-

3 sailants.

4 b) The release during the trials of Ramil and Guloy of

5certain previously classified documents concerning the K.D.P. in

6 the files of the U.S. State Department and elsewhere, to slander

7that organization and attempt to turn public opinion against

8 Domingo and Viernes by labelling them "communists"* out to "Ptake

9over" Local 37;

10 c) The successful effort to obstruct and thwart the Seattle

1F.B.I. investigation into the murders of Domingo and Viernes; This

V 12 effort included F.B.I. agent George Fisher's refusal to allocate

o 13 sufficient resources to the investigation and his attempt to obtain

- 14 the U.S. Attorney's and King County Prosecutor's approval for full

15 immunity from prosecution for Baruso.

16 d) The murder of Teodorico "Boy Pilay"t Dominguez in

1January, 1983, to silence him because his personal knowledge of the

C 18 involvement of Baruso and others was a threat to Baruso and the

19 Philippines if he decided to testify;cc:

20 e) The 1982 "finvestigation" by a trade attache from the

21 Philippine Consulate in San Francisco, who traveled to Seattle

22 under General Ver's direction, and published a false account

23 which tied the murders to an ffinternal union dispute;"

24 f) The meetings and discussions between Baruso and

25 representatives of the Philippine government in Honolulu in Decem-

26 ber, 1981 and September, 1982, which included the agreement that

27THIRD AMENDED COMPLAINTFOR DAMAGES - 22

GIBBS. DOUGLAS. TIIEILED & DRACHLEI1612 Smith Towe-. Seaitle. WA 9E.

(206! 6^3-oqqr

Ithe Philippines could be used as a safe haven for defendants

2 Baruso, Lopez, Ramil and Guloy; Lopez and Esteban Ablang, one of

3the murderers of Theodoro Dominguez,, are now in the Philippines

4 pursuant to said agreements. Baruso has expressed his intention to

5 depart to the Philippines shortly.

6 g) The removal or purging of intelligence files from

7their normal filing locations by the U.S. intelligence agencies

8 who surveilled Viernes' trip to the Bay Area, the Philippines and

9Hawaii in 1981.

10 46. To further the objectives of the conspiracy Baruso has

1established and maintained close personal and political associa-

12 tions with officials, agents and employees of the Philippine

13 government, including Ferdinand and Imelda Marcos,, Secretary of

14~ Labor Oble, Secretary of Tourism Joe Aspiras, San Francisco and

1Hawaii Consul General Trinidad Alconcel, Seattle Consul General

o 16 Ernesto Querubin, former Seattle Consul General Mariano Landicho,

V 17 Lourdes NLulu"f de la Cruz (former Seattle consulate employee now

C isworking in Hawaii), 'and other lower level officials of the Philip-

M 19 pine government. Pursuant to the conspiracy Baruso has provided

C. 20 intelligence information and has been provided access to such

21 information regarding the anti-Marcos opposition, including Domingo

22 and Viernes. He has been given high level national security

23 clearance by the U.S. government to permit him access to classified

24 information regarding that opposition.

25 46A. Malabed authored a document in April, 1982 which reflec-

26 ted the financial transactions described in Paragraphs 35A and 35B

27 THIRD AMENDED COMPLAINTFOR DAMAGES - 23

GEBBS. DOUGLAS, THELED & DRACHLEIR1E i_ IESrnihTowe! Reaittle WA *1N.

(2QN6 62? - ).

Iherein. jgj 1m 61(g). He authored this document after discus-

2 sions with and the agreement of Ferdinand Marcos, General Vert and

3others in the Philippines, and in order to account for the funds

4received and expended by Dr. Malabed in the manner described in the

5document. The document itself was removed from the presidential

6 office at Nalacanang Palace by Ferdinand Marcos, Imelda Marcos,

7General Fabian Ver on or about the last week of February, 1986 in

8 order to avoid its discovery by the government of President Cory

9 Aquino.

10 46B. The acts of removing this and other documents from the

11~ Philippines and transporting them to the U.S. constitutes overt

12 acts of t.he conspiracy designed to avoid the detection of those

9W 13 responsible for funding the Domingo/Viernes murders and other overt

14~ acts of the conspiracy alleged in the Amended Complaint. By such

15 acts these individuals ratified the conspiracy to murder Domingo

0 16 and Viernes and the conspiracy to violate the civil and constitu-

17 17 tional rights of the anti-Marcos Filipinos, as alleged herein.

o is II. THE CONSPIRACY AGAINST THE ANTI-MARCOS OPPOSITION

M 1947. The conspiracy against the anti-Marcos opposition which

C. 20 gave rise to the murders of Domingo and Viernes is an illegal

21 agreement by the Philippine and U.S. governments and their agents

22 and officials, along with private individuals, to silence and

23 destroy the opposition to the Marcos government and to violate the

24 right of its members to equal protection of the laws. This con-

25 spiracy inflicts tortious injury upon the members of opposition and

26 seeks to prevent and deter the anti-Marcos opposition from exercis-

2THIRD AMENDED COMPLAINTFOR DAMAGES - 24

GIBBS. DOUGLAS. THEILER & DRACHLEII21613 Smi~thTcwe.Sealllc WA 9I1C14

I

GIBBS. DOUGLAS. THELER & DRACHLER1E 1?Srni TvweT Seanie WA 96 34

ing their civil and constitutional rights.

47A. Ferdinand and Imelda Marcos are the highest level

individuals who are most responsible for the creation, functioning,

direction and control of the conspiracy alleged herein; they have

provided overall direction of the actions of the other defendants

and Philippine agents alleged in this complaint. Ferdinand and

Imelda Marcos created and/or controlled the various Philippine

intelligence agencies, the Presidential Security Commnand, and the

National Bureau of Investigation. They are legally responsible to

plaintiffs for the efforts of these organizations and their agents

to monitor and operate against the anti-Marcos Philippine opposi-

tion in the U.S.,, its funding through the Mabuhay Corporation and

other financial institutions, and the selection of targets for

physical violence, including the Domingo/Viernes murders.

48. The anti-Marcos opposition holds opinions and beliefs

opposed to the current government of the Philippines under the

regime of Ferdinand Marcos and to the official U.S. policy of

support for that regime. The members of this opposition engage in

the full exercise of their constitutional and democratic rights to

express opinions, form associations, educate the public and seek a

full redress of grievances against these policies. Their actions

and beliefs have been lawful and constitutionally protected. This

opposition includes the K.D.P.-Union of Democratic Filipinos, the

Coalition Against the Marcos Dictatorship/Philippine Solidarity

Network, Friends of the Filipino People, and the Movement for a

Free Philippines. It also includes anti-Marcos indivi4pals.-

THIRD AMENDED COMPLAINTFOR DAMAGES - 25

324Im.

'I

149. The conspiracy accomplishes its unlawful goals by

2 unlawful means, including:

3 a) Gathering information, surveilling, infiltrating,

4 monitoring and reporting on the ideas, goals, activities, associa-

5 tions, publications, organizations and leadership of the opposi-

6 tion;

7 b) Exchanging this information collected with co-

8 conspirators;

9 c) Conducting operations against the opposition and its

10 members by disrupting, intimidating, silencing, and inflicting tor-

11 tious personal injury, and threats thereof.

12 Each of these means was used against Domingo and Viernes.

13 50. The purpose of gathering and exchanging information

0 14 concerning the opposition is to enable the conspiracy to target its

15 most effective and leading members for monitoring and harassment,

0 16 including physical threats and violence. A further and co-equal

97 1 objective of this conspiracy is to conceal the actions of the co-

o IS conspirators and avoid their detection by lying,, falsifying, bri-

00 19 bery, perjury, destruction of records and documents, and similar

W1 20 unlawful acts.

21 51. The participants in the conspiracy include agents, of fi-

22 cials, and employees of the U.S. and Philippine governments, both

23 those who are named herein and those whose identities are currently

24 unknown, as well as private individuals used to carry out specific

25 overt acts. Each of the conspirators agrees with the goals and

26 means of the conspiracy and has performed specific overt acts to

2THIRD AMENDED COMPLAINTFOR DAMAGES - 26

GEBBS. DOUGLAS, THEILER & DRACHLER. ~ ... Smith Tcwe: Seo'ti W4A 9' -- 4

Ifurther these goals.2 52. Starting in 1973, agents of the Philippines came to the

3U.*S. or were recruited in the U.S. to carry out the goals of the

4 conspiracy. Nineteen operatives came in 1973. Some were attaches

5or other employees of the Philippine Embassy and the various

6 Philippine consulates in the U.S.

7 53. On April 25 and 26, 1973, the Philippines, through

8 Foreign Secretary Carlos P. Romulo, sent a cable to the Philippine

9 Embassy in Washington, D.C. It contained a list of purported

10 anti-Marcos activists whose passports were revoked because their

C0 1 activities in the U.S. were considered "vdetrimental to national

V 12 interests." The cable commanded that intelligence operations be

V 13 directed against them which would be "coordinated with the military

CD 14 attaches"P then attached to the Embassy, which was done. Romulo

15 confirmed publicly on May 25, 1975, that the list contained names

o 16 of those "fwho are not a credit to our nation in the U.S."f The

1resultant intelligence operation was known to agents and officials

is1 of the U.S. government. Since 1973, there have been numerous overt

19 and tortious acts committed by the Philippine government as set

20 forth below, directed at the anti-Marcos opposition. The ac-

21 tivities and presence of Philippine agents in the U.S. are in

22 violation of U.S. and international law.

23 53A. In 1977 and throughout the time period until February

24 1986, the defendant Republic of the Philippines, together with

25 Ferdinand Marcos, Imelda Marcos,, General Fabian Ver, and Leonilo

26 Malabed caused corporations to be formed and bank accounts to be

27 THIRD AMENDED COMPLAINT

FOR DAMAGES - 27

GIBBS. DOUGLAS. THEILE & DRACHLER161 - Smnith Tove- Sextie, WA 92,',r4

(2 C"62- 1

Sopened in the United States. One such corporation was the Mabuhay

2Corporation, controlled by Leonilo Malabed, and the bank accounts

3 opened included those of the Nabuhay Corporation at the Philippine

4Bank of California. aHalabed was an incorporator of this bank. The

5 Purpose of creating such corporations and accounts was to create a

6 cover for the illegal and overt acts of the conspiracy, so as to

7avoid detection in carrying out the goals of the conspiracy,, as

8 alleged herein. Such corporations and bank accounts were used to

9 expand the propaganda presence of the Marcos regime in the United

10 States, to expand its political influence, to conduct special and

~ ~ security projects to surveil or harass and conduct physical

12 violence against the anti-Marcos opposition, including the murders

V 13 of Domingo and Viernes, and other unlawful purposes.

0 4 54. Pursuant to the agreements described in Paragraphs 14

15 through 19, intelligence operations against the anti-Marcos opposi-

0 16 tion were intensified in 1982 prior to the state visit of Ferdinand

V. 17 and Imelda Marcos to the U.S. in September, 1982. According to the

0 18 Defense Intelligence Agency five high-ranking members of the

co 19 Philippine military were assigned to the Philippine Embassy in

C. 20 Washington, D.C. with the responsibility to monitor, report on and

21 possibly operate against anti-Marcos Philippine activists in the

22 U.S. This team of "military attaches"f included Brigadier General

23 Angel G. Kanapi, Commander Domingo F. Tucay, Jr., Lieutenant

24 Colonels Melchor P. Rosales, Roman P. Maddela, and Narciso L. A-

25 baya. This team did, in fact, conduct a series of operations

26; designed to disrupt and neutralize anti-Marcos activities and

27THIRD AMENDED COMPLAINTFOR DAMAGES - 28

GIBBS. DOUGLAS. THEIER & DRACHLEIR321613 Sni~h Tcwve,,Se:3!c %',A 9EIA04

demonstrations in Washington, D.C. and elsewhere in September,

2 1982. As predicted by the D.I.A., General Kanapi personally

3 directed this operation. This use of military attaches to conduct

4 such intelligence operations was the direct continuation and

5 expansion of their use since 1973 and is illegal under U.S. law.

6 55. Officials and agents of the U.S. government have been and

7are aware of the illegal intelligence activities alleged herein and

8 the threat they pose to the physical safety of the anti-Marcos

9 opposition and to their free exercise of constitutionally protected

10 rights. These U.S. agents and officials have taken no steps to

11 halt, limit or curtail these actions, or to require compliance with

121the law. To the contrary, these officials have engaged in, joined,

13 and acted to further the objectives of the conspiracy. They have

1themselves conducted intelligence gathering operations directed at

13 the anti-Marcos opposition. They have exchanged and provided

16 information concerning this opposition on a regular basis with

17 agents and officials of the Philippines.

is 55A. The use of the Philippine government funds in the manner

19 described in the Mabuhay Corporation Statement of Expenses, and the

20 acts of Ferdinand Marcos, General Fabian Ver, and Dr. Leonilo

21 Malabed, as alleged herein, are illegal under domestic and interna-

22 tional law. Each such criminal act is a separate overt act of the

23 conspiracy alleged herein.

24 56. Overt acts of the conspiracy have included a) monitoring,

25 surveillance and infiltration, b) exchange of information, and c)

26 physical violence, as described below.

27THIRD AMENDED COMPLAINTFOR DAMAGES - 29

G3IBS. DOUGLAS. THEILER & DRACKLER

0

LM~

'7

92Gdqw

A.MONITORING, SURVEILLANCE AND INFILTRATION

2 57. Participants in the conspiracy have collected information

3 regarding the personal and political ideas, traits and leadership

4 characteristics of .members of the anti-Marcos opposition. They

5have conducted physical, photographic, auditory and electronic

6 surveillance of members, activities, publications and organizations

7of the opposition, including Domingo and Viernes. The monitoring,

8 surveillance and infiltration has included, but not been limited

9 to, the following:

10 a) The use by Philippine intelligence agencies and Naval

11 Intelligence of defendant Paul D. Liam from 1976 through 1981 to

L 12 infiltrate the K.D.P., including its Seattle chapter, in order to

47 13 gather information on the anti-Marcos opposition, steal the politi-

10 cal plans and other documents of the K.D.P., monitor the views and

15 activities of Domingo and Viernes, provide photographs regarding

16 the opposition to the Philippine and U.S. governments, and embezzle0

17 f unds of the K. D. P.

o is b) The use by Naval Intelligence, otherU.S.intelligence

CD 19 agencies and Philippine intelligence agencies of an informant,

cc 20 Monte Martinez, to infiltrate and monitor the K.D.P. in the Bay

21 Area and West Coast from the years 1976 to the present; This

22 agent has provided detailed reports regarding the K.D.P., its

23 activities and leadership to Mr. E. A. Nowicke, special agent of

24 the Naval Investigative service, "fparticipating agent" D. E. Usrey,

25 and others acting as "control agents."I He attended, reported on

26 and photographed the meetings of the Filipino Far West Conventions

27THIRD AMENDED COMPLJAINTFOR DAMAGES - 30

GIBBS. DOUGLAS. THEILER & DRACHLEIR92 400W 1 16 1? Smilth Tower. Sexile WA 0~4

Ifrom 1976 to 1982. Copies of his reports were provided to the

2 F.B.I., including San Francisco agent Mike Henry, and to Philippine

3 intelligence agencies.

4 c) The use of numerous informants and agents by Naval

5 Intelligence, the F.B.I. and other U.S. intelligence agencies to

6 attend and report on the many meetings and educational gatherings

7of the anti-Marcos opposition; This has included, for example, the

8 national conference of anti-martial law organizations held in

9December 1974 in Chicago and follow-up meetings held throughout the

10 country. The F.B.I. has obtained over 1300 pages of reports

N ~ regarding the ideas, publications, leadership and activities of the

LIn 12 K *D.P. national organization and hundreds of pages of such reports

q7 13 regarding each of the leading members of the K.D.P.0 14d) Th e use of unknown Philippine agents to attend,

1surveil, report on, and disrupt numerous public educational ac-

o 16 tivities of the anti-Marcos opposition; This has included, but

17 17 has not been limited to the following:

o is i) The September 22, 1976 picket-line at the San

CD 19 Francisco consulate;

Cr 20 ii) The September 22, 1976 through 1981 picket-

21 lines at the Seattle consulate;

22 iii) The teach-in held in Washington, D.C. in

23 September, 1982, to educate the public concerning the Marcos state

24 visit to the U.S.;

25 iv) The meetings and discussions at the Filipino

26 Peoples Far West Convention in Los Angeles over.Labor p~ayWeekend,*

27 THIRD AMENDED COMPLAINT

FOR DAMAGES - 31

GIBBS, DOUGLAS, THEILLR & PRACHLER

S2 'D-' C b-_- 090

(a

21 92 v) The numerous picket-lines and demonstrations

3 against the Marcos state visit held in major U.S. cities in Septem-

4 ber, 1982;

5 e) The burglary of the Washington, D.C. office of the

6 Congress Task Force of the Philippine Solidarity Network prior to

7the Marcos state visit in September, 1982;

8 f) The F.B.I.'s attempts to use San Francisco journalist

9Laurence Johnson to spy on the Movement for a Free Philippines and

10 anti-Marcos opposition member Steve Psinakis in February, 1981;

1F.B.I. agent Leo Montoya used Johnson to obtain in advance a

LM 12 manuscript of Psinakis' book Two OTerrorits"v Meet.

V 13 g) The theft of sensitive documents from Hermie Rotea,0

4an of ficer of the M.F.P., during the November 1975 convention of

15 the M. F. P. in Los Angeles; San Francisco Philippine consulate

o 16; official Mr. Makalintal paid for photographs of the stolen docu-

*7 17 ments.

C ish) The publication and dissemination of classified,

r 19 false or derogatory information concerning the anti-Marcos opposi-

c_ 20 tion in numerous newspapers, leaflets and publications for the

21 purpose of disrupting and dividing the anti-Marcos opposition.

22 B. EXCHANGE OF INFORMATION

23 58. U.S. and Philippine government agents and officials

24 participating in the conspiracy have conducted a regular and

25 systematic exchange of intelligence information regarding the

26 opposition. The exchange of reports, documents and intelligence

27THIRD AMENDED COMPLAINTFOR DAMAGES - 32

GEBBS. DOUGLAS, THEILEB & DRACHLEBR

Iinformation is accomplished by the C.I.A. (by courier), the D.I.A.,

2 the F.B.I.Ps Legal Attache in Manila, through the F.B.I.'s Foreign

3Liaison Desk, the State Department's Political officer in Manila,

4and by liaison meetings involving representatives of the U.S. and

5 Philippine intelligence agencies. The Justice Department, acting

6 through attorney Michael Abell, attended such a liaison/exchange

7 meeting in Manila in late 1980.

8 59. The exchange of intelligence information has included,

9but not been limited to, the following:

10 a) U.S. intelligence reports regarding the activities of

_7 11Gene Viernes prior to, during, and after his trip to the Philip-

Lt 12 pines were exchanged with Philippine intelligence agencies and

V 13 General Fabian Ver.0

14 b) The documents seized in the F.B.I. search of Steve

15 Psinakis' house on December 17, 1982 and federal grand jury trans-

o 16 cripts related to this investigation were provided to General Ver

S 17 within one week.

is c) The investigative reports compiled during the 1981

19 F.B.I. investigation of the Movement for a Free Philippines were

cc 20 provided to General Ver.

21 d) Numerous investigative reports compiled by the F.B.I.

22 and Naval Intelligence concerning the leadership of the K.D.P. have

23 been provided to Philippine intelligence agencies throughout the

24 last ten years.

25 e) Investigative reports compiled by Philippine agents

26 in the U.S. and in the Philippines have been and are regularly

27THIRD AMENDED COMPLAINTFOR DAMAGES - 33

GIBBS. DOUGLAS, THEILER & DRACHLE4

92~ 49W 13 Smith Tower, Se~itie WA 96 i '4

')E~3 9O

made available to U.S. intelligence agencies through diplomatic

channels and the U.S. embassy.

C. PHYSICAL VIOLENCE AGAINST THE ANTI-MARCOS OPPOSITION

60. Pursuant to the conspiracy agents of the Philippines have

engaged in specific overt acts of physical violence and threats

thereof, against leading and effective members of the anti-M~arcos

opposition. Specific known examples include the following:

a) The murders of Domingo and Viernes on June 1, 1981;

b) The murder of Philippine Senator Benigno Aquino on

August 21, 1983 at the Manila Airport;

c) The threats to and disappearance of Primitivo Mijares

in 1976, who was last seen in custody of an official attached to

the Philippine consulate in San Francisco; Mijares' disappearance

and likely murder were in retaliation for his testimony critical of

Marcos before Congress in 1975 and his exposure of an attempt to

bribe him not to testify.

d) The attempt to assassinate Raul Manglapus, former

Foreign Minister of the Philippines and founder of the Movement

for a Free Philippines, in 1978; General Ver offered to drop a

murder charge in the Philippines against George Torre of Chicago if

he agreed to assassinate Manglapus.

e) The threat of physical violence to Heherson Alvarez,

a leader of the Movement for a Free Philippines who arrived in

the U.S. in 1974 after escaping from the Philippines; Alvarez

was warned by Philippine agents to s anti-Marcos activities and

told to "fremember he had a family in the Philippines." Not long

THIRD AMENDED COMPLAINTFOR DAMAGES - 34

GIBBS. DOUGLAS, THEILEB & DRACHLERI :I-Smrv T cwe:, Seattle, WA 9E',-4

(2- E62 3. 0 9:

If)

0

92 1

2

3

41

5

6

7

8

9

10

10

12

13

14

N 15

o 16

S17

19

20

21

22

23

24

25

26

27

GIBBS. DOUGLAS, THEILER & DRACRLELR

16.13 mih Tcv...s o.,--W ,

C.

thereafter, the mutilated body of his 22-year-old brother Marsman

Alvarez was found in the Philippines. He had been arrested by

soldiers the evening before. This murder was in retaliation for

Alvarez* anti-Marcos views and activities.

fl The assassination and kidnap plot by Philippine

agents directed at Congress Task Force Director Walden Bello and

Coalition Against the Marcos Dictatorship/Philippine Solidarity

Network national coordinator Geline Avila in September, 1982,

during the Marcos state visit; Specific steps to effectuate the

plot were taken, including dispatching three men to visit the homes

of numerous anti-M~arcos opposition leaders in the Washington, D.C.

area, including Raul Nanglapus and Jon !elegrito , to learn the

whereabouts of Bello and Avila. This plot was thwarted when Bello

and Avila were personally warned by the late Senator Benigno

Aquino.

g) The attempt to threaten physically former Philippine

diplomat Joselito Azurin and his family in 1979, after he defected

from the Marcos government and joined the Movement for a Free

Philippines.

D. DOCUJMENTS OF THE CONSPIRACY

61. Despite efforts to maintain its secrecy, the proof of the

existence of the conspiracy against the anti-Marcos opposition is

contained in the following known documents:

a) The 1979 secret Senate Foreign Relations Committee

report authored by Michael Glennon; It is based on interviews

with U.S. intelligence officials and his review of hundreds of

THIRD AMENDED COMPLAINTFOR DAMAGES - 35

Ap

Iclassified documents. The report, the interviews, and source

2 materials relied upon are now in the possession of the C.I.A. and

3the Justice Department. The report describes the intelligence

4 operation in the U.S. of six foreign governments, including the

5 Philippines.

6 b) The secret Defense Intelligence Agency circular dated

7 July 18, 1982 authored by analyst Donald Berlin, which lists the

8five members of the Philippine military attache team assigned to

9 monitor and possibly operate against" anti-Marcos Philippine

10 activists in the U.S.;

11 C) Philippine government cables from Manila to the

V) 12 Philippine Embassy in Washington, D.C. from 1973 to the present,

13 which cables were intercepted by and are now in the possession of

0 14 U.S. State Department officials; These cables authorize specific

15 overt acts to monitor and harass the anti-Marcos opposition in the

0 16 U.S.

17 d) The transcribed testimony before a court in Manila of

is~ Armando Fernandez, Philippine Consul General in Los Angeles, in

W 19 which he stated under oath that he collects information on the

cc 20 anti-Marcos movement, including the K.D.P., as part of his regular

21 duties; Fernandez produced a copy of an internal K.D.P. one-year

22 plan as proof thereof.

23 e) The Philippine government cable to the Philippine

24 Embassy in Washington, D.C., dated April 25, 1973 and marked

25 "confidential," naming members of the anti-Marcos opposition,

26 described in Paragraph 53;

27THIRD AMENDED COMPLAINTFOR DAMAGES - 36

GIBBS. DOUGLAS. THULER & DRACHLEIt

f) The Ingles Report, authored by Undersecretary of

2 Foreign Affairs Jose D. Ingles in 1976, which contains sworn state.

3ments of high level officials of the Philippine goverinent, includ-

4i ng General Ver, which admit conducting intelligence operations in

5the U.S., including cash payments to steal documents from and bribe

6 members of the anti-M~arcos opposition.

7 g) The Mabuhay Corporation Statement of Expenses,

8 authored by Loeonilo Nalabed, itemizes expenditures for illegal and

9 conspiratorial overt acts against the anti-Marcos opposition,

10 including Domingo and Viernes.

c0 1 In addition to the foregoing, voluminous files maintained by agents

12 and officials of the F.B.I., Naval Intelligence, State Department

13 and other U.S. agencies exist which prove the existence of the

0 4 conspiracy against the anti-Marcos opposition and the participation

15 of U.S. agents in that conspiracy.

o 16 CLAIMS FOR RELIEF

'~17 FIRST CAUSE OF ACTION: 42 U.S.C. §1985(1J.

is 62. Paragraphs 1 through 61 are incorporated by reference.

19 63. All defendants and other officials, employees and agents

20 of the U.S. and Philippine governments, both named herein or

21 unknown, including Unnamed Philippine Agent 1 and Unnamed U.S. Ag-

22 e nt A, have participated in the ongoing conspiracy described above

23 for the purpose of depriving a class of persons of equal protection

24 of the laws and of the right to enjoy equal privileges and im-

25 munities of the laws. This class consisted and consists of those

2persons of Philippine ancestry in the United States-vwho-ppse -the.

27 THIRD AMENDED COMPLAINT

FOR DAMAGES - 37

GIBBS. DOUGLAS. THEILER & DRACHLER!613Sm~i Tcwe: SeaieWA 98104

IMarcos regime and its policies and actions. Domingo and Viernes

2 were and are members of this class of persons. This class is

3 engaged in the effort to guarantee and obtain the rights of all

4 Filipinos living in the U.S. to fully exercise their human, civil

5and constitutional rights, and to be free from efforts to subvert

6 or deny those fundamental freedoms, based on national origin or

7 political beliefs. The actions of the defendants and of the named

8 and unknown agents and officials of the U.S. and Philippine

9 governments alleged herein were done in furtherance of this

10 conspiracy and were motivated by animus against that class to which

11 Domingo and Viernes belonged.

12 64. Pursuant to this same conspiracy all defendants and the

13 other named and unknown agents and officials of the two governments

14 have deprived Domingo and Viernes and that class to which they

15 belonged described in the preceding paragraph, of specific rights

16 guaranteed by the laws and the U.S. Constitution, including the

17 freedom of speech, freedom of association, freedom of the press,

ithe right to petition for redress of grievances, the right to

19 establish communication and friendly relations with individuals,

20 groups, and organizations in other countries, the right to be free

21 from illegal searches, seizures and illegal surveillance, the right

22 not to be subjected to summary punishment or execution, the right

23 to interstate and international travel,, the right to engage in a

24 lawful profession, the right to life, the right to privacy, the

25 right to organize and participate in trade unions, and other rights

26 guaranteed by the U.S. Constitution.

27 THIRD AMENDED COMPLAINTFOR DAMAGES - 38

GIBBS. DOUGLAS, THEILER & DRACHLE

K02o

34

1 65. The murders of and injuries to Domingo and/or Viernes and

2 the specific efforts to avoid detection as alleged in Paragraphs 40

3 through 46 were overt acts undertaken pursuant to the illegal

4 objectives of this class-based conspiracy. By their actions, the

5defendants and other agents and officials of the two governments,

6 both named herein and unknown, deprived the two men and the class

7 described above of those rights guaranteed by the laws and the U.S.

8 Constitution enumerated in the preceding paragraph. In so doing,

9the defendants were motivated by animus against that class des-

1cribed above to which Domingo and Viernes belonged.

11 66. The conspiracy described herein continues, as does the

12 animus on the part of the defendants directed against the class

13 described.

14 67. The actions of the defendants alleged in this cause of

1action constitute a violation of, ine ala 42 U.S.C. §1985(3).

16 SECOND CAUSE OF ACTION: 42 U.S.C. 41986

17 68. Paragraphs 1 through 67 are incorporated by reference.

is69. Each defendant had actual knowledge of the ongoing

19 conspiracy against the anti-Marcos opposition set forth above.

20 Unknown Philippine agents, Unnamed Philippine Agent 1, defendants

21 Baruso, Liam and Leonilo Malabed, the Tulisan gang defendants,

22 certain unknown U.S. government agents and officials, and Unnamed

23 U.S. Agent A knew that Domingo and Viernes were subject to physical

24 injury pursuant to the conspiracy.

25 70. Each defendant, unknown agents and officials of the U.S.

26 and Philippines, Unnamed Philippine Agent 1 and Unnamed U.S. Agent

27 THIRD AMENDED COMPLAINTFOR DAMAGES - 39

GillS. DOUGLAS. THEILER & DRACKLEI 13 Smilh Tower, Seattle. WA 9E 1 C

20E e23-090",

0

0

W 14

IN

it

IA had the power to prevent or to aid in preventing the commission2 of the acts taken pursuant to the conspiracy. Each failed,

3 neglected or refused to prevent or aid in preventing the commission

4of those acts. As a result of this failure, neglect or refusal,

5 Domingo and Viernes were killed.

6 71. All defendants have deliberately concealed and continue

7to conceal material facts relating to their wrongdoing and to the

8 murders of Domingo and Viernes. The plaintiffs did not discover

.all the essential elements of this cause of action until after that

1date one year before the filing of the original complaint.

11 72. The actions of the defendants alleged in this cause of

12 action constitute a violation of, interalia 42 U.S.C. §1986.

13 THIRD CAUSE OF ACTION: 28 U.s.c. 11602 EX SEQ.

141 (FOREIGN SOVEREIGN IMMUNITIES ACT)

15 73 Paragraphs 1 through 72 are incorporated by reference.

16 74. The Philippine government, other agents and officials of

17d the Philippines, Unnamed Philippine Agent 1, and defendants Baruso,

is Liamn, and Leonilo Malabed have committed the tortious acts and have

19 participated in the ongoing conspiracy against the anti-Marcos

20 opposition described herein. They also planned and committed the

21 tortious acts alleged herein, specifically including the murders

22 of Domingo and Viernes. At all times these defendants, agents and

23 Officials were functioning in their official or employment ca-

24 pacities for the Philippines, and at all times they were acting

25 within the scope of said capacities. None of the actions comn-

26 plained of constituted t he exercise or performance of a discretion-

2THIRD AMENDED COMPLAINTFOR DAMAGES - 40

GIBBS. DOUGLAS. THEILEE & DRACHLEI:c~'SecrtleWA91Ei_!

02406W0

EIR

qbb

I ary function or the failure to exercise or perform a discretionary

2 function.

31 75. This cause of action arises under the authority of* ±it

4 klia, 28 U.S.C. 551602 "~ AM. and 1651. The Philippines is not

5immune from suit because this action is of a type enumerated in 28

6 U.S.C. §1605(a)(5).

7 FOURTH CAUSE OF ACTION: 28 U.S.C. 6-2671 ET SEO.

8 (FEDERAL TORT CLAIMS ACT)

9 76. This cause of action and Paragraphs 76 through 79 are

10 deleted because the Court has dimsissed the United States.

11 FIFTH CAUSE OF ACTION: PENDENT STATE CLAIMS. SURVIVORS AN

12 WRONGFUL DEATH

13 80. Paragraphs 1 through 79 are incorporated by reference.

14 81. The Tulisan gang defendants and Baruso wilfully, mali-

S 15 ciously, deliberately and intentionally committed an assault and

o 16 battery upon Domingo and Viernes which caused their deaths, for

qW 1 which all defendants are liable.

0 is82. The defendants combined in an illegal and unlawful

00 19 conspiracy toward the common unlawful objective of murdering

cc 20 Domingo and Viernes and concealing their actions from detection.

21 83. Pleading in the alternative, the defendants' actions

22 complained of were negligent, negligent per se, reckless, and

23 carried out knowing that their conduct created a grave risk of

24 death to Domingo and Viernes. Specifically, the actions of agents

25 and officials of the U.S.,, as alleged in Paragraph 78, are ac-

26 tionable torts as pendent state claims. The actions complained of

27THIRD AMENDED COMPLAINTFOR DAMAGES - 41

GIBBS. DOUGLAS, THEILER & DRACHLER

11Sm, -Tc, wt -. Seo1c .A9-'4

1 proximately caused their deaths.

2 84. The pendent state claims, on behalf of the estates of

3 Domingo and Viernes and the Domingo children, &rise under the laws

4of the State of Washington and R.C.W. 4.20.010 It~ M.

5 PMZ = ZB ULU

6 WHEREFORE, plaintiffs pray for judgement against defendants,

7 Jointly and severally, as follows:

8 1. For the Estate of Silme G. Domingo, compensatory damages

9in the total amount of $5,000,000.00;

10 2. For the Estate of Silime G. Domingo,, punitive damages in

,4) 1 the total amount of $5,000,000.00:

*0 12 3. For Ligaya Domingo and Kalayaan Domingo, compensatory

1W 13 damages in the total amount of $5,000,000.00;

0 144. For Ligaya Domingo and Kalayaan Domingo, punitive damages

N 15 in the total amount of $5,000,000.00;

0 16 5. For the Estate of Gene A. Viernes, compensatory damages in

q 17 the total amount of $5,000,000.00;

S 18 6. For the Estate of Gene A. Viernes, punitive damages in the

19 total amount of $5,000,000.00;

20 7. For an order declaring the actions of the Philippine and

21 U.S. defendants to be in violation of the constitutional rights of

22 the anti-Marcos opposition and the Plaintiffs;

iii - 8. For attorneys fees and costs of suit;

24 9. For such other relief as is just and equitable.

25

26

27 THIRD AMENDED COMPLAINTFOR DAMAGES - 42

GillS, DOUGLAS. THEILE & DRACHLEJR

92~] Sr4rOWvS~h~W

C. C.er.. of

John Caughian

Elizabeth Schott

PLAINTIFFS DEMAND A JURY.

OF COUNSEL:

CENTER FOR CONSTITUTIONAL RIGHTS853 BroadwayNew York, NY 10003(212) 672-3303

BY: Margaret RatnerMichael RatnerRhonda Copelon

THIRD AMENDED COMPLAINTFOR DAMAGES - 43

GIBBS. DOUGLAS. THEMLE & DRACHLEJII 13 Smith" cve!. Seattle WA96;,-4

2

4

5

6

7

'4 DATED: December 15# 1987.

Attorneys for Plaintiffs

SCHROETER, GOLDMARK & BENDER

By ____________4Michael E. Withey

GIBBS, DOUGLAS, THEILER &DRACHLERJames A. Douglas

frA 19

201

WOW6 I

LAW OPIPICCS Of

HALLI NAN & POPLACK345 FRANKLIN STREEITSAN FRANCSCO, CA 94108

(416) sol-ist15

April 22, 1988

Ms. Celia Jacoby, Esq.Office of the General Counsel999 E Street North WestWashington, D.C. 20463

Re: Dr. Leonilo Malabed

It'VERAL LECTIN OlViSSfON

88 API( 2 7719: 5

o

Dear Ms. Jacoby:

Since I have received no word from you sincewe spoke over a month ago and I have yet toreceive a response to the March 23, 1988 letterand packet of materials I sent to you, I thought itbest to follow-up with a letter.

I am curious as to whether the FederalElections Commission has taken your recommendationand closed their investigation of Dr. Malabed. Ifnot, I am interested in determining what thecommission's intentions are in this matter.

If the Commission has closed its'investigation, I would like to request a copy ofits' final determination in the matter. Should Ibe able to provide you with any more informationwhich would expedite this process, please do nothesitate to contact our otfice.

Thanking you in advance for you time andconsideration, I remain,

sincerely yours,

Katherine A. Alfieri, Esq.

FEEAL E*,T T- p

MtAY 12 02IOOUNFORE "ME FEZDEA ELECTION COMISSION

In the Matter of)

Leonilo L. IMalabod ) .UR 2453#4

GEINL COUNSEL' S REPORT

I1. BACKGROUND

On June 1, 1987, the Federal Election Commission (the

*Commission') received a signed, sworn and notarized complaint

from Michael Withey. That complaint alleged that Dr. Leonilo L.

Malabed had made contributions to various candidates through the

Mabuhay Corporation on behalf of another, Ferdinand Marcos, who

is a foreign national. The complaint asserted that such

o contributions by a foreign national made in the name of another

would violate 2 U.S.C. 55 441e and 441f.

After considering the allegations and supporting materials,0

on October 20th, the Commission found reason to believe thatV~

0 Leonilo L. Malabed had violated 2 U.s.c. S 441f and opened an

co investigation. The focus of the inquiry was the source of funds

M,. available to Dr. Malabed or the Mabuhay Corporation to make

political contributions, particularly any funds transferred from

the Philippines. Any possible involvement or relationship

between Dr. Malabed or the Mabuhay Corporation and Mr. Marcos was

also considered. The identification of persons in whose names

the alleged contributions may have been made was another aspect

of the investigation.

To investigate these allegations, this Office sought

testimony from the directors of the Mabuhay Corporation (Messrs.

Esperanza, Inacay and Jayme)j from Patrice and Leonilo Ma1&bed;

-and from Bonifacio Gillegos, a representative of the Philippine

Government. Mr. Gillegos was a member of the Philippine

commission which attempted to locate assets removed from the

Philippines by Mr. Marcos. During the course of that activity

Mr. Gillegos apparently investigated the Mabuhay Corporation

according to the affidavit contained in the complaint.

Production of documents relating to the alleged illegal

contributions was also sought from the above persons.

Subpoenas to produce documents and to appear for depositions

o were directed to these individuals on November 24th at the most

current address available for each party. In response to the

subpoena to Mr. Gillegos, the Philippine consulate in New York0 indicated that he presently resides in Manila and is a

congressman in the Philippine legislature. The Philippine

Commission on Good Government, according to the consulate, has

cc been disbanded. The search for assets "illicitedly" withdrawn

from the Philippines is presently focussed on civil suits for

possession of such assets. The consulate stated that it would

forward the document request to Mr. Gillegos; however, he would

be under no compulsion to respond. Nor has a response been

received. Additionally all investigatory files of that

commission have apparently been removed to the Philippines.

-.3-

Our attempts to locate the directors of the utabuhay

Corporation also met with little success. Their known addresses

were seven and eight years old. Letters were returned by the

postal servicel requests for forwarding addresses were

unproductive. According to the respective post office branches,

no forwarding addresses for these individuals had been filed.

The telephone company had no listing for any of these persons in

the San Francisco and ?4arin County areas. The organizations

(Philippine-American Chamber of Commerce and Jewish Home for

<0 Aged) with which Messrs. Jayme and Inacay had apparently been

NO associated were unable to provide their present whereabouts.

According to the California Department of Real Estate,

O Mr. Esperanza' s real estate license was revoked in 1983. No

additional information was available through that department.

C3 Counsel who had organized the Mabuhay Corporation stated that he

had never met any of the directors, except Dr. Malabed who

provided their names and addresses. All records concerning the

Mabuhay Corporation were given to Dr. Malabed in late 1979 or

early 1980. According to the statement of incorporation, one of

the directors was a priest. Rev. Fred Al Bitanga was located

through the San Francisco Archdiocese. Rev. Bitanga stated that

his name had been added to the list of directors without his

knowledge, although the other directors were known to him.

Further he has not associated with any of these gentlemen since

he was assigned to a different parish. He believed, however,

that Mr. Jayme was still in San Francisco.

The address whichRev. Bitanga provided was ,one'at IVhiO

correspondence (through the U.S. mail and by Frederal gptess) was

refused as Mr. Jay" no longer resided there. Dr. Malibed Also

stated that he did not know the addresses of hislfome~r

associates, 'except that of Mr, Jayne. However, that address was

the same as one previously located through Rev. Ditanga.,

Attempts to locate these gentlemen through Philippine community

groups discovered through a directory search also proved

unsuccessful.

11. LEGAL AND FACTUAL ANALYSIS

On January 21, 1988, the depositions of Leonilo Malabed and

Patrice (Malabed) Willig were held. The public records indicated

o that a Mrs. Leonilo Malabed and a Patrice Malabed, of the same

address as Dr. Malabed, had made political contributions. The

deposition of Mrs. Willig inquired into the funds used and

whether any reimbursement had been made. Mrs. Willig stated that

she had not made any contributions, but her name may have

appeared as a result of a political fundraiser which she had

attended in her mother's stead. She could provide no other

information pertinent to the investigation.

Dr. Malabed firmly disputed all allegations raised by the

complaint. without equivocation Dr. Malabed swore that he had

never discussed political contributions with Mr. Marcos or any

other representative of the Philippine government. He

acknowledged making certain political contributions, but denied

that contributions in the amounts alleged had been made by him or

through any entity associated with him. He testified that

* K

* -MW .5-

Jall I could say is that I did not make these 4politicall

contributions, and neither did Mabuhay Corporation make a

contribution, close to those amounts. All my political

contributions vere from my own personal funds,"

He further testified that the Nabuhay Corporation was never

capitalized and had no employees, and that the corporation was

dissolved when its sole purpose (to acquire a radio station)

failed. Under oath he stated that the Kabuhay Corporation had

made no political contributions. All funds used to establish and

operate the M4abuhay Corporation came from his personal accounts;

Dr. Malabed expressly denied the corporation's receipt of funds

from any other source. Other than $25,000 which he loaned to the

enterprise, Dr. Malabed stated that the corporation had no funds

o or bank accounts. All payments for corporate operations were

- advanced through his personal checking account. He further

affirmed that all funds transferred to him from the Philippines0

were derived from an inheritance or other familial sources.

Dr. Malabed's adamancy concerning the legitimate source of

funds, his limited political contributions, the non-involvement

of the Mabuhay Corporation and the lack of any contact or

interaction between the Mabuhay Corporation and Marcos must be

contrasted with less definitive remarks concerning the "Mabuhay

Statement of Expenses." The complaint relied principally on this

Mabuhay Statement to evidence political contributions in excess

of the statutory limits. The complaint also provided documentary

proof (credit advices from the Philippine National Bank) that

Dr. Malabed had received funds transferred from the Philippines;

however, the remitter of those transfers was not disclosed.

Dr.~~ ~~ Raae ctgrcal !ntd a t.~trrency transfers

had originated with anyone otber than his1,fami3*.# He agreed to

provide documentary ev idence of the legitimacy of these

transfers. this was supplied through transfer slips wbich

demonstrate thatCarlos Malabe, his father, transferred

substantial sums to him froma the Philippines. go H further

testified that the Internal Revenue Service had reviewed the

transfers and closed its consideration without any adverse

consequences.

Concerning the Mabuhay Statement, Dr. Malabed's testimony

was relatively constrained. The Mabuhay Statement consists of

N ten headings under which various expenditures are indicated. The

first seven entries apparently are *Legal Fees, Good Faith

Deposit, Finder's Fee & Liaison, Appraiser's Fee, Representation

Expenses, Telephone and Miscellaneous Expenses." Dr. Malabed

o acknowledged that he supplied the information contained in these

seven entries to the Statement's preparer. However, he could not

o recall to whom or why he supplied that information. He further

testified that he did not prepare this document, that it was

never considered by the corporate directors, and that it was

apparently drafted after the corporation was defunct.

1/ Documents submitted reveal that on April 23, 1979, CarlosMalabed transferred $150,000 and $200,000 from the PhilippineNational Bank to Dr. Malabed. The complaint had provided copiesof transfer advices of $150,000 and $40,000, dated January 31 andFebruary 12, 1979, respectively. Dr. Malabed under oath affirmedthat these latter sums were also derived from familial andpersonal resources. According to the credit advice, the transferof $150,000 was initiated by Dr. Malabed himself.

wrIThe next entry on -the Statement is wPOlitlIoalcontributions

(Cleared Through PSC-CG)." Regarding this *atryf, Dr. Ma3.'abod

categorically denied supplying the information, anyone or

making contributions in the sum stated, personaty or throug h

his corporation. He did, however, concede thit -he b od personal ly

made contributions to some of the listed candidates but not in

the amounts indicated on the Statement. Nor 'has research of FEC

contributor records under names associated with Dr. Malabed

revealed contributions aggregating to these amounts.

The remaining two headings are OSpecial missions" and

"Advances to C.G. (Special Security Projects)." Nothing on the

r*% face of the Mabuhay Statenient indicates that these entries related

to electoral activities. Nor did the complaint suggest that

these entries were related to electoral activities.

The final item on the Mabuhay Statement was a handwritten

o entry which acknowledged the receipt of certain funds less monies

retained by the Chief of Staff. Dr. Malabed admitted that he

O wrote the handwritten legend on the document, but that someone

else (whose name he could not remember) was to sign that legend.

Nor could he remember at whose direction or why he wrote that

legend. The legend which was dated April 11, 1982 does not refer

to political activities and apparently was written several years

after the events alleged by the complaint.

Beyond the remarks described above, Dr. Malabed refused to

answer further questions concerning the Mabuhay Statement and

asserted the Fifth Amendment. 2/ This privilege was applied

principally to the final tvo entries which apparently did not

raise election law issues. The Fifth Amendment to the U.S.

Constitution provides that no person shall be compelled in Iany

criminal case to be a witness against himself.

The invocation of this privilege by Dr. Malabed appears to

be sufficiently grounded in a reasonable apprehension of

prosecution to warrant consideration by the Commission. There is

currently a suit pending (also apparently brought by the

complainant Withey) which alleges that the Marcos government had

procured the assassination of several political opponents in the

United States. Payment for those deaths was allegedly filtered

MOO through the Mabuhay Corporation and Dr. Malabed. Dr. Malabed is

a defendant in that suit. There is also an investigation

o underway to determine if Dr. Malabed failed to register as a

Go/_The privilege against self-incrimination applies whenever the

cc answer might subject the answerer to criminal responsibility. Itcan be claimed in any proceeding whether criminal or civil,administrative or judicial, investigatory or adjudicatory.Application of Gault, 87 S.Ct. 1428 (1967). The protectionincludes information which would support a conviction or wouldfurnish a link in the evidentiary chain that could lead toprosecution, provided the witness has reasonable cause to fearthe subpoenaed information might lead to or be used in a criminalprosecution against him. U.S. v. Kuh, 541 F.2d 672 (7th Cir.1976); U.S vHapry 397 F. Supp. 983 (D. Pa. 1975). Tosustain' the priege it need only be evident that a responsiveanswer to the question or an explanation of why it cannot beanswered might be dangerous because injurious disclosure wouldresult. Where a witness can demonstrate any possibility ofprosecution which is more than fanciful, he has demonstrated areasonable fear of prosecution sufficient to meet constitutionalmuster. In Re Folding Carton Antitrust Litigqation, 609 F.2d 867(7th Cir. 1979).

fox0144 agef odh eeb falure it,-~ri~ tl saubject himto

cri%4i*al %ants. Thut'*. )I10abs invocatiOn of the Fifth

Amsdet "pritv Ilege appears to beoerwly asr tOdas to the

Information on'the Na'fbuhay Statement.

Some unaetAinttY. releting to portions of the Mabuhay

Statement remains. Hove**rp those aspects (Special Missions and

Advances to C.G.) do not evidently relate to federal political

activites or contributions. Further as to these items

Dr. Malabed has raised his privilege against self-incrimination.

Regarding the entry *Political Contributions#" Dr. Malabed

acknowledged making limited contributions to certain of the

indicated candidates. However, contributions in the large dollar

o amounts described in the Statement cannot be ascertained.

Dr. ?alabed also expressly denied making contributions beyond

those reflected in the public records, directly or indirectly.

C It further appears that the funds which Dr. Malabed received

from the Philippines originated with his family. Nor is there

any evidence that the Mabuhay Corporation had access to any funds

except those provided by Dr. Malabed. Again, there was no

apparent use of the Mabuhay Corporation or foreign funds to

influence federal elections.

In view of the definitive denials under oath by Dr. Malabed

of the use of the IKabuhay Corporation for any purpose to

influence any election, whether legally or illegally, the lack of

any evidence that contributions in the dollar amounts alleged

were mace,# and the passage of time, this Of iqebelieves that the

*vi4*06c* is -insufficient to go forward in this matter.

Therefotwr, this-Office recommends that th# Commission. take no

further, action in NOR 243.

III. RBCOSOBEMDATIONS

1., Take no further action against Leonilo, L. Nalabed.

2. Close the file in this matter.

3. Approve and send the attached letters.

Date / n e blGeneral Counsel

Attachmento 1. Letters (4)

o Staff Person: C. L. Jacoby

C

CO

Ct

MEMORANDUM

TO:

FROM:

DATE:a

SUBJECT:

LAWRENCE M. NOBLEGENERAL COUNSEL

MARJORIE W. EMMONS/KAREN E. TRACH4_ZCOMMISSION SECRETARY

MAY 16, 1988

MUR 2453 - General Counsel's ReportSigned May 11, 1988

The above-captioned document was circulated to the

Commission on THURSDAY, MAY _12, 1988., at-4:00-

Objection(s) have been received from the Commissioner(s)

as indicated by the name(s) checked below:

Commissioner

Commissioner

Commissioner

Commissioner

Commissioner

Commissioner

Aikens

Elliott

Josef iak

McDonald

McGarry

Thomas

This matter will be placed on the meeting agenda

for TUESDAY, MAY 24, 1988e

Please notify us who will represent your Division before the

Commission on this matter.

x

FEDERAL ELECTION COMMISSIONWASHINGTON, DC. 20463

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of)MUR 2453

Leonilo L. Malabed

CERTIFICATION

I, Marjorie W. Emmons# recording secretary for the

Federal Election Commission executive session of May 24, 1988,

do hereby certify that the Commission decided by a vote of

5-1 to take the following actions in MUR 2453:

01. Take no further action against Leonilo L.o Malabed.

2. Close the file in this matter.

3. Approve and send the letters attached too the General Counsel's report dated May 11,

1988.

Commissioners Aikens, Elliott, Josef iak, McDonald, and

CD McGarry voted affirmatively for the decision; Commissioner

cc Thomas dissented.

Attest:

Date Marjorie W. EmmonsSecretary of the Commission

I FEDERAL ELECTION COMMISSION*WASHINGTON, D-C 296 May 26, 1988

General Fabian Ver2701 Eucalyptus AvenueLong Beach, CA 90806

RE: 14UR 2453

Fabian Ver

Dear General Ver:

On N~ovember 24, 1987, you were notified that the FederalElection Commission determined to take no action at that timeagainst you.

After considering the circumstances of the matter, theCommission determined on May 24 1 1988, to close its file.The file will be made part of the public record within 30 days.

- Should you wish to submit any factual or legal materials toappear on the public record, please do so within ten days of your

N.receipt of this letter. Such materials should be sent to theOffice of the General Counsel.

If you have any questions, please contact Celia L. Jacoby,the attorney assigned to this matter, at (202) 376-5690.

FEDERAL ELECTION COMMISSIONWASHINGTON, D C 20463 May 26, 1988

Richard A. Hibey, EsquireAndersen, Hibey, Nauheim & Blair1708 New Hampshire Avenue, N.W.Washington, D.C. 20009

RE: NUR 2453Ferdinand E. Marcos

Dear Mr. Hibey:

On November 24, 1987, you were notified that the Federalg~. Election Commission determined to take no action against your

client, Ferdinand E. Marcos, at that time.

Aftet considering the circumstances of the matter, theoCommission determined on May 24 p 1988, to close its file.

The file will be made part of the public record within 30 days.Should you wish to submit any factual or legal materials to

v~. appear on the public record, please do so within ten days of yourreceipt of this letter. Such materials should be sent to the

o Office of the General Counsel.

V If you have any questions, please contact Celia L. Jacoby,o the attorney assigned to this matter, at (202) 376-5690.

onS in c Xy . / -a

FEDERAL ELECTION COMMISSIONWASHINGTON, DC 20463 May 26, 1988

Patrick S. Hallinan, EsquireHallinan & Poplack345 Franklin StreetSan Francisco, CA 94102

RE: MUR 2453Leonilo L. Malabed

Dear Mr. Hallinan:

0On November 24, 1987, your client, Leonilo L. Malabed, wasOD notified that the Federal Election Commission had found reason to

believe that he violated 2 U.S.C. 5 441f.

After considering the circumstances of the matter, theoCommission determined on May 24 , 1988, to take no further

action against Dr. Malabed, and closed its file. The file willbe made part of the public record within 30 days. Should you wishto submit any factual or legal materials to appear on the publicrecord, please do so within ten days of your receipt of this

o letter. Such materials should be sent to the office of theGeneral Counsel.

o The Commission reminds you that making contributions in thename of another person appears to be a violation of 2 U.s.c.S 441f. Your client should take immediate steps to insure thatthis activity does not occur in the future.

If you have any questions, please contact Celia L. Jacoby,the attorney assigned to this matter, at (202) 376-5690.

FEDERAL ELECTION COMMISSIONWASHINGTON. D.C. 20463 May 26, 1988

CERTIFIED MAILRETURN RECEIPT REQUESTED

Michael E. Withey, EsquireSchroeter, Goidmark & Bender, P.S.540 Central Building

- Third & ColumbiaSeattle, Washington 98104

RE: MUR 2453

0 Dear Mr. Withey:

- The Federal Election Commission has reviewed the allegationsof the complaint you filed on June 1, 1987. On the basis of the

V information provided in your complaint, the commission found

0 reason to believe that Leonilo L. Malabed violated 2 U.S.C.0 5 441f. However, after considering the circumstances of the

matter, the Commission decided to take no further action againstFerdinand E. Marcos, Fabian Ver and Leonilo L. Malabed.

cAccordingly, on May 24 r 1988, the Commission closed thefile in this matter. The Federal Election Campaign Act of 1971,as amended ("the Act"), allows a complainant to seek judicialreview of the Commission's dismissal of this action. See2 U. S.C. S 437g (a) (8) .

Should additional information come to your attention thatyou believe establishes a violation of the Act, you may file acomplaint pursuant to the requirements set forth in 2 U.S.C.S 437g(a) (1) and 11 C.F.R. S 111.4.

General Counsel

EnclosureGeneral Counsel's Report

FEDERAL ELECTION COMMISSIONWASHINGTON. D.C. 20463

THIS IS TIE END OF MhJR #

DATE FILMED CAM1ERA NO$ I

)

LOS Y490"1 /]asw -IN

016"t

FEDERAL ELECTION COMMISSIONWASHW4TO4. 0 c Jam

THE FOLLOWINGS MTERIAL IS KlING ADDED TO THE

PUBLIC FILE OF CLOSED 0MIOY-0_00

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FEDL7R.41 {I' I f

LAW OOPPICECS -'JLj j'

MCGU4INESS #L WILLIAMS 8NV4~94A PANYW"OP sWCwUDMu PnAfb@NL COnPOWATIOWS8 NY 4 9:4

SUITe 1200

1010 Pl~PTEENTH. STREET, N. w.

WASHIMOTON, 0. C. 20005

202 769-8600JAMEcS F. SCHOIENI:R

202 789-8644 *r

November 23, 1987

Off ice of the General CounselFederal Election Commission999 E. Street, N.W.Washington, D.C. 20463

Re: Flowers Industries T.A.C.N*JR 2453

Gentlemen:

In accordance with the conciliation agreement signed in thismatter, a check for $500.00 as civil penalty is enclosed.

ry truly yours,