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An enduring peace
As victims of torture and terrorism of the past Marcos regime, we, members of Claimants 1081, Inc., should be the first to applaud any agreement of peace and understanding
between the Philippine government and the National Democratic Front that seeks to promote human rights on the basis of justice, truth and freedom.
The stories of struggle and suffering of each individual claimant—thousands of whom have joined Claimants 1081, Inc. and thousands more to whom we provide information on
class suit developments led by Atty. Swift and his co-counsel Atty. Domingo—are reason enough to demand from government a climate of peace, freedom and justice, that
the Filipinos of today do not go back ever to the dark period of martial rule and dictatorship.
Yet the draft Agreement that has been signed by the GRP and the NDF says nothing new beyond Constitutional tenets and international covenants on human rights. These
principles and policies have long been upheld by the fighters of freedom during the darkest days of martial rule. It is precisely for these principles that we
suffered torture and death in the hands of Marcos and his military henchmen not too long ago.
In the days of pos-Marcos rule, we lobbied strongly for a Charter founded on the principles of social, economic, civil and political rights of the individual, the community
and the nation. Such principles have now been put in place by the framers of the 1987 Charter which has made its human rights provisions one of the best in the world.
And this is precisely why we struggled strongly against any Charter change which President Ramos and Speaker Joe de Venecia sought for before the 1998 polls. What was at
stake were the gains of social justice, civil and political rights which were in danger of being removed should the Cha-Cha campaign have succeeded.
The current agreement between the GRP and the NDF added nothing new to what had already been fought for by the Filipino people and put in place by the framers of our
Constitution. The problem lies in the enforcement of these principles and policies.
There are no definitive provisions in the Agreement that assure us victims in particular, and Filipinos in general, that both the government and the NDF would call for an
immediate investigation, trial and prosecution of all military personnel who were involved in the litany of massacres, tortures, rape and plunder that took place
during the dark days of Marcos's rule. There are no guarantees that today's political pnsoners would be immediately and unconditionally released.
What then has convinced both parties to finally come to an agreement? US$540M of ill-gotten wealth now stashed in the Swiss banks which may be transferred anytime to the
Philippine National Bank in an escrow agreement.
Article 5 has been crafted by Mr. Gunigundo of the PCGG upon advise of Atty. Romeo Capulong in order to allow both government and the NDF to change the rules of the game on
the release and distribution of the claimants' shore to the US$540M.
Changing the rules would simply mean easing out the U.S. Court which was responsible for coming out with the breakthrough decision that granted the 9,539 claimants US$2B
from the Morcos estate. It would mean ignoring the rules of the Court in classifying the close to 10,000 victims with respect to the release of their claims so as to
protect them against unscrupulous elements who would now want a share of the pie.
Changing the rules of the game would mean easing out lead Counsel Atty. Bob Swift and his co-Counsels, Sherry Broder, Rod Domingo and Ruben Fruto, as approved by the U.S.
Court in the entire process of releasing and distributing the claims to the individual claimants.
Changing the rules of the game would simply mean allowing Joe de Venecia to get his hands on the government's share of the US$540M before the 1998 polls. It also means
allowing the NDF to hobnob with LAKAS in order to get their hands on the claimants' share of the US$540M before the 1998 polls.
Lastly, would changing the rules of the game perhaps mean allowing one party to get its ill-gotten share to buy ballots while allowing the other party to get the claimants'
share to buy bullets?
A hundred years ago at Biak-na-Bato, the going price for truce was P400,000. The money was used by the so-called leaders of the revolution for self-serving ends that had
nothing to do with promoting peace and justice for an independent Philippines.
Today, a hundred years later, the going price has upped its ante to a third of US$540M, or an estimated US$150M. But leaders of the so-called revolutionary NDF would still
have to lick the boots of LAKAS in the person of presidentiable Joe de V. in being assured of this amount.
Joe de V. must make it to Malacanang first. A lot of vote-buying would then have to take place. No wonder the urgency to have the US$540M Swiss deposits transferred before
the May 1998 polls!
For this alone, we challenge all presidential opposition candidates to make their stand on the "Done Deal" between Joe of the Orthodox Left and Joe of the
Orthodox Right who now appear to call the shots with the transfer of the Marcos money to the PNB and its subsequent release before 1998.
We also call on all the claimants to unite behind the integrity of the U.S. Court decision and express our unstinted support to our lawyers, Bob Swift, Rod Domingo, Sherry
Broder and Ruben Fruto who have won for us this historical U.S. Court decision. Let us vehemently oppose any and all efforts from any quarters coming from the
Orthodox Left and the Orthodox Right to undermine the court battle the people had won through the U.S. Court decision as handled ably by our lawyers, Bob Swift and
company.
April 1, 1998
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