MARCOSES LOSE U.S. APPEAL; HR VICTIMS GET COMPENSATION FROM
MARCOS ESTATE
[PHOTO -Ilocos Norte Rep. Imelda Marcos and Sen. Ferdinand Marcos
Jr. File photos]
MANILA, OCTOBER 29, 2012 (INQUIRER) Victims of human rights violations during the Marcos dictatorship
have scored a victory in their long quest to get compensation from the Marcos
estate.
A US Court of Appeals for the Ninth Circuit upheld on Oct. 24 a contempt
judgment against Sen. Ferdinand "Bongbong" R. Marcos Jr., his mother Imelda and
the estate of Ferdinand E. Marcos for violating an injunction that barred them
from dissipating assets of the estate.
The judgment amounting to $353.6 million is believed to be the largest
contempt award ever affirmed by an appellate court.
The judgment may be implemented against any US property owned by Imelda and
Bongbong. However, the human rights victims need to ask the Philippine
government for implementation of the judgment against the Marcoses' personal
property in the Philippines.
A Philippine law requires that all ill-gotten wealth recovered from the
Marcoses should be spent on the government's land reform program.
Robert Swift, lead counsel for the 10,000 Filipino human rights victims who
obtained a judgment against the late dictator and his estate in 1995, said he
was satisfied with the new judgment.
"The Marcoses have thumbed their noses at the United States court and
Filipino human rights victims ever since the $2-billion judgment was entered in
1995," Swift said in a statement.
Dynasty
The American lawyer said the Marcoses were caught trying to dissipate the
estate's assets to recapitalize the family's political dynasty in the
Philippines.
Bongbong began serving his six-year term as senator in 2010. Imelda is a
representative of Ilocos Norte in Congress, while daughter Imee is the governor
of the province. Both mother and daughter are running for reelection in midterm
elections in May 2013.
Swift said the new judgment was against Imelda and her son personally for
their misconduct.
"It broadens the possibilities for collection of money to the human rights
victims. The victims can be assured they we will vigorously and aggressively
seek to collect this sum," the lawyer said.
Commission on Human Rights (CHR) Chairperson Loretta Ann P. Rosales said
Sunday night that the US court victory against the Marcoses was "payback" for
the "shameless arrogance" of Bongbong and his mother, who have not apologized
for the looting and the killings during the Marcos regime.
"If we can't get their apology, at least we will force them to pay more and
refresh the minds of a new generation of Filipinos on the atrocities committed
by the family for close to two decades," Rosales said in a phone interview.
"They (Bongbong and Imelda) are the face of their families and the Filipinos
should continue to demand payment for the sins of their family."
She said the $353.6 million awarded by the US court would be on top of the
close to $2 billion awarded to martial law victims in 1995.
Barred in US
Rosales said she was told by lawyers that the contempt award meant that the
Marcoses would not be allowed to set foot on any US territory.
"The contempt ruling means that the US courts are taking seriously the
disrespect shown by the Marcoses. More than the heavy fines, this is a big
embarrassment to the family who has shown no remorse for the deeds they made,"
the CHR said.
Rosales said that the contempt charge was a "long shot" and that the US
courts sided with the victims was a "pleasant surprise."
"The senator's refusal to apologize and own up to the sins of his father only
shows the continuing arrogance of his family," said Rosales, herself a victim of
human rights violations during the Marcos regime.
The litigation against Marcos began in 1986 shortly after the dictator and
his family fled to Hawaii following the people power revolution.
After Marcos died, Imelda fought the litigation. Following a historic trial,
a Hawaiian jury awarded 9,539 Filipino human rights victims almost $2 billion.
The judgment was affirmed on appeal. While the jury was deliberating, the
Marcoses entered into a secret deal with the Philippine government to make the
Marcos estate judgment-proof.
When Swift learned of this, the human rights victims sought a contempt award
against Imelda and her son, and the Marcos estate's legal representatives, for
violating the injunction that barred them from dissipating the estate's assets.
Imelda and Bongbong were found to have agreed to the transfer from the United
States to the Philippines artworks considered part of the estate, and to split
the estate with the Philippine government, retaining 25 percent tax-free as
their share.
After five hearings during which documents showing the Marcoses' efforts to
dissipate the assets were introduced, the court found the Marcoses in contempt
and ordered them to pay the victims until they purged their contempt.
The Hawaii Court of First Instance imposed a daily fine of $100,000 from Feb.
3, 1995, to Feb. 3, 2005, when the contempt order expired, leaving a total fine
of $353,600,000.
The appellate court last week wrote that the "$100,000 per day amount was
necessary and appropriate because the Marcoses' contumacious conduct" caused
direct harm to the victims, by preventing them from collecting on their
$2-billion judgment. With a report from Gil Cabacungan
Chief News Editor: Sol Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE NEWS ONLINE
All
rights reserved
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