Philippine High Court Allows Marcos Art Sale

The Philippine Supreme Court refused today to block an auction in New York of artworks owned by the late President Ferdinand E. Marcos, despite an appeal by prominent Filipino artists.

Later, a prominent lawyer said he will file a second motion to stop or annul the sale of the 71 Old Masters’ paintings and 71 crates of antique silverware to be offered Thursday and Friday by Christie’s.

The sale is to take place under an agreement with the Presidential Commission on Good Government. Proceeds from the sale are to finance the purchase of land for a park in Bacolod, 300 miles south of Manila.

The commission said the government had received $5.5 million in advance from Christie’s and would have to repay the sum if the sale were halted.

The 14 justices voted 7 to 7 on an appeal by 23 Filipino artists to block the sale. The artists claimed that the commission had no authority to sell a “national treasure.” Under court rules, a tie vote goes against the petitioners.

Those voting to deny the petition said the artists should have filed their suit against the Republic of the Philippines rather than against the commission. The commission is responsible for recovering funds allegedly embezzled by Marcos and his associates during his 20-year administration.

Justice Hugo Gutierrez said in a dissenting opinion that the commission had no authority to sell the objects and had failed to obtain necessary court orders.

In a statement issued after the court decision, lawyer Antonio Coronel said he would ask the tribunal to block a second sale if there were no buyers. If there were, he said he would ask the court to annul the results.

Coronel said that ownership of the artworks was in dispute and that if they were deemed government property, they should be offered only with the approval of Congress and the office of the president.

Manuel Lazaro, lawyer for the petitioners, told the court that the objects were national treasures because they had been exhibited in the National Museum until August.

Lazaro said that in September, the artworks were shipped out of the country for sale without authorization of President Corazon Aquino as required by law. Lazaro cited a law requiring presidential approval for the sale of items worth more than $1.8 million.

Officials have said they hope to raise about $10 million from the sale. The authorization was signed by Aquino’s former executive secretary, Catalino Macaraig, Lazaro said.