Overview
The Marcos human rights litigation is a class action lawsuit filed in behalf of 9,539 Filipinos who were tortured, summarily executed, or disappeared during the
Marcos dictatorship.
This was filed in 1986 in the United Stales pursuant to the Alien Tort Act. The US court had jurisdiction over Marcos at that time because he had fled to Hawaii and
therefore was in US territory. Conversely, the Philippine court had no jurisdiction over him at that time for the same reason.
The filing of the case was done in consonance with the International Covenant on Civil and Political Rights, to which both the US and the Philippines were signatories.
Under existing Philippine Supreme Court jurisprudence, "a Foreign judgement is presumed to be valid and binding in the country from which it comes, until the contrarv
is shown.
With the assistance of their US lawyers, the case was fully defended by theMarcoses who raised every available defense right up to the US Supreme Court.
A jury trial with every element of due process resulted in an almost US$2 billion judgment, or about US$200,000 per victim.
The judgernent was affirmed on appeal by the US Ninth Circuit Court of Appeals. After the 90-day period for a final appeal to the US Supreme Court lapsed on March 18, 1997,
the judgement attained finality. The latter refused to recognize Mrs. Imelda Marcos' last-minute appeal.
The Marcos Swiss Accounts
In 1986, the Swiss government froze US$356 million in Marcos assets hidden in various "foundation" accounts.
By December 1997, the accounts were worth US$540 million.
The Swiss Supreme Court ruled in Decernber 1997 that the Marcos money should be placed in an escrow account in the Philippines and released only on satisfaction of two
conditions:
The Philippine government must obtain a final judgement in its own courts entitling it to the money; and
The Philippine government should compensate the victims of human rights violations who obtained the USjudgement.
The Class Members
The 9,539 members in the human rights class suit against Marcos are all Filipinos and are predominantly from the rural poor who belong to the marginalized sector of
Philippine society.
Over half of the victims are already deceased and their heirs are now entitled to share in the judgement.
Approximately a third (1/3) of the claimants are from Mindanao, a large proporion of whom are Muslims.
A negotiated settlement in the case
For several years, legal counsel for the human rights victims have attempted to negotiate a settlement vvith the Philippine government and the Marcoses.
The minimum amount plaintiffs' legal counsel will accept on behalf of the victims is US$150M, which represents 27% of the Marcos Swiss deposits but onlv 6.25% of the
judgement, including interest.
On April 24, 1998, Mrs. Imelda Marcos said in a press statement that she would agree to a settlement of US$150M from the Marcos Swiss deposits.
If the Philippine government agrees to this, it is believed that the Swiss government will permit the release of the US$150M from the escrow account.
Distribution of the settlement proceeds
The US Court, which has a long experience with class actions, including those under the Alien Tort Act, wiIl supervise the distribution of
settlement proceeds directly to the recipients as ordained by US
procedural laws.
Neither the US Court nor the US government will profit monetarily in any way from the settlement.
Removing jurisdiction from the US Court will undermine the decision itself and result in non-satisfaction of the judgement.
Benefits to the human rights victims
The settlement essentially will constitute an indemnification for the human rights violations done against the victims and therefore foim part of justice in their cases.
The settlement money can go a long way towards the rehabilitation of shattered lives of the victims and their families and constitute a solid economic foundation for the
further progress of their families and respective communities.
The victims can now put their bitter past behind them and look forward to new lives, integrating into the mainstream of active citizens helping the building of a nation.
Benefits to the Philippine government
The human rights litigation case is already widely known internationally and has come under the scrutiny of the local and international media and the judicial systems of
three countries (US, Swiss, and the Philippines) where it elicited favorable support. Acting favorably on the settlement, the Philippine government will contribute
immeasurable prestige to the Philippine government and President., both domestically and internationally.
It will also enhance the new administration's image of caring for the poor and the downtrodden as succinctly shown in its campaign slogan, "Erap para sa mahirap."
It will also decisivelv refute anv accusation that the new administration is out to resurrect the Marcoses and their dictatorial ways. Rathern it would put in the correct
public perspective its own policy or national reconciliation based on justice.
Because the money will come from the escrow account, the settlement will not cost the government anyihing or require a congressional approval.
Because it will go to predominantly poor people throughout the archipelago, it will boost local economv in this time of hardship.
The settlement wilI definitety promote peace and prosperity, supportive ofthe objective of public order and stability.
The settlement will free the Philippine government to finally resolve its case against the Marcoses while giving due recognition to the human rights of victims violated
under the Marcos regime. The hastening of this process can free the rest of the Marcos money and can be used bv the Philipine government to support its budget
requirements and development programs.
The sefflement will be a positive factor in the ongoing peace negotiations of the Philippine government with the NDF.
Recommended action
President Joseph Ejercito Estrada to publicly announce his support to a settlement with the victims of the Marcos human rights violations, specifically to the payment of
US$150M to these victim-claimants from the escrow account with PNB Manila.
President Estrada to encourage the Marcos family to confirm their agreement to settle the victims' claim ofUS$150M.
President Estrada to direct the PCGG to obtain approval from the Swiss government for the payment to the martial law victims of the above agreed amount.
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