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Domingo & Dizon
Lawyers
The Penthouse
Athenaeum Building
160 Alfaro Street
Salcedo Village
Makati City
August 27, 1998
President Joseph Ejercito Estrada
Malacanang Palace, Manila
Thru: Hon. Ronaldo Zamora, Executive Secretary
Dear Mr. President:
The undersigned is a co-counsel for the class plaintiffs, consisting of 10,000 victims of human rights violations who were awarded damages amounting to US$1.9M by the U.S.
District Court in MDL 840 (Marcos Human Rights Litigation).
Media reports indicate that negotiations are being undertaken by the Philippine government with the National Democratic Front (NDF) for the settlement of the aforesaid
judgment. Unfortunately, certain parties appear to have misled the Philippine government into believing that they represent the class plaintiffs in MDL 840 and have
deceitfully misrepresented the plaintiffs in said negotiations. As a result of these misrepresentations, the NDF managed to sneak into the Comprehensive Agreement on
Respect For Human Rights and International Humanitarian Law (the "Agreement") a provision which violates and effectively negates the judgment rendered in
MDL 840. We refer particularly to the last paragraph of Article 5, Part III of the Agreement.
We have therefore prepared a Position Paper explaining the stand of the 10,000 victims of martial law on the aforementioned Article 5, which we attach hereto for your ready
reference.
Briefly stated, we respectfully submit that:
- The said Paragraph 5 contradicts itself and is violative of and repugnant to the Final Judgment entered in MDL 840;
- The said paragraph violates and disobeys the injunction embodied in the same Final Judgment in MDL 840, which prohibits the Estate of Ferdinand Marcos from
transferring, conveying, encumbering, dissipating, converting, concealing or otherwise disposing of in any manner any funds or assets of the Estate of Marcos;
- Only Mr. Robert Swift, the court appointed lead counsel for the class plaintiffs and his co-counsels, are authorized to represent the 10,000 class plaintiffs in
any negotiation for the payment or settlement of the judgment award rendered in MDL 840;
- The NDF, Luis Jalandoni, Atty. Romeo Capulong and his SELDA do not represent and have never been authorized by the U.S. District Court to represent the class
plaintiffs in MDL 840. Atty. Capulong is the counsel of record ONLY of Jose Ma. Sison, et. al., in said case and his authority is limited only to the representation of
the aforenamed plaintiffs, AND NO OTHER. In fact, SELDA's motion to intervene in MDL 840 was repeatedly DENIED by the U.S District Court.
The U.S. District Court has expressly ruled that it will NOT recognize any special power of attorney obtained from a class member. Thus, the
requirement of the execution of a power of attorney in the aforesaid paragraph 5 is a useless act as such power of attorney, if executed, will not be recognized by
the U.S. District Court.
Finally, we must respectfully emphasize that any payment or settlement of the award made in MDL 840 without the participation of the lead
counsel for the 10,000 class plaintiffs in said case will never resolve or put an end to said proceedings. Any settlement must be approved by the U.S. District Court
and only the lead counsel for the class plaintiffs has the authority to submit and recommend such settlement to the U.S. District Court for approval and
implementation.
To further elucidate on and clarify the factual and legal issues involved in the claims of the 10,000 victims (the class plaintiffs in MDL
840), the undersigned and the class plaintiffs' court-appointed lead counsel, Mr. Robert Swift, hereby respectfully request for an audience with His Excellency at
any time during the period September 7 through 11, 1998. Mr. Swift will be in the country for that specific purpose.
We sincerely hope that His Excellency will grant this request.
Thank you.
Very respectfully yours,
(Sgd.)
Rodrigo C. Domingo, Jr.
Copy furnished:
Ambassador Howard Q. Dee
Chairperson
GRP Negotiating Panel
7th Fl., Agustin I Building
Emerald Avenue
Ortigas Center
Pasig City
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