PNB to Appeal New US Trial in Arelma case

Inquirer Headlines / Nation

http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20091211-241328/PNB-to-appeal-new-US-trial-in-Arelma-case

PNB to appeal new US trial in Arelma case

By Philip Tubeza
Philippine Daily Inquirer

Posted date: December 11, 2009

MANILA, Philippines — The Philippine National Bank (PNB) IS set to appeal a US court ruling ordering a new trial to determine ownership of $35 million in ill-gotten Marcos wealth deposited with Merrill Lynch, according to a Presidential Commission on Good Government official.

PCGG Commissioner Jaime Bautista said the PNB will appeal the decision of New York State Supreme Court Justice Charles Ramos to hear the claim of Marcos human rights victims to the Arelma account in Merrill Lynch, while the PCGG studies whether or not to get formally involved in the case.

“The PNB will file a motion to appeal his (Ramos’) decision while the republic studies its legal options. We have many options here,” said Bautista in an interview.

Pre-trial

Ramos set the pre-trial conference of the case for Dec. 15 but Bautista said that the PNB—which was named a respondent in the case together with Merrill Lynch and the Arelma Foundation—had until Dec. 17 to file an appeal.

PCGG Commissioner Ricardo Abcede said the agency was still consulting with its American lawyers on whether or not the Philippine government—through the PCGG—should get involved in the case.

“We are still studying this because our lawyers advised us that if we attend (the New York hearing), we would be legally entrapped,” said Abcede in an interview.

“If we attend the hearing, we would be submitting to the jurisdiction of that court and casting away our sovereign immunity,” he explained.

Sovereign immunity

Sovereign immunity refers to the legal doctrine that bars legal proceedings against a government without its consent.

The Philippine government in 2008 successfully used this doctrine to convince the US Supreme Court to reverse a lower court decision awarding the $35 million to the human rights victims of the dictator Ferdinand Marcos.

The US high court ruled that when a country asserts a claim to property in the US, and that claim is not frivolous, the dismissal of civil cases involving that property is appropriate when the country decides to assert its sovereign immunity and refuses to join in the proceedings.

But last month Ramos ruled that the claim of the 10,000 human rights victims to the Arelma account should again be heard in court. He said the US high court ruling was issued in a different context and, while it was “informative,” the decision was “not binding on New York courts.”

“Should (the Philippine government) continue to elect not to participate, all other parties to this proceeding should not be forced to forego a resolution as to the disposition of this property… Despite the Republic’s absence, an effective judgment may be rendered,” he said.

The $35-million Arelma account grew from $2 million that was first deposited with Merrill, Lynch, Pierce, Fenner & Smith Inc. in New York in 1972.

Arelma Inc. is a Panamanian corporation believed to have been one of the dummy firms used by Marcos to hide ill-gotten gains.
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A Long Battle, A Great Victory for Martial Law Victims

* complete copy of court decision in pdf file click here

N.Y. Court Rules Class Can Seek to Recover Funds in Philippine Abuse Case
(reprint from LA.com /International News)

Daniel Wise

Despite a U.S. Supreme Court decision reaching the opposite result in a similar case, a state judge in Manhattan has ruled that a 10,000-member class can seek to recover $35 million located in New York to satisfy a $2 billion judgment it won in 1996 as compensation for human rights abuses committed by former Philippine President Ferdinand Marcos.

“The Supreme Court’s interpretation of federal procedure, while informative, is not binding on New York courts,” Justice Charles E. Ramos wrote in Swezey v. Merrill Lynch (pdf), 104734/09.

Ramos ruled that the class can proceed with a turnover action to recover the funds being held by Merrill Lynch, even though the class has failed to join the action by the Philippine government, which has a competing claim.

Both the Republic of the Philippines and its Presidential Commission on Good Government have refused to come into court, claiming sovereign immunity.

Ramos concluded that they cannot be forced to participate, but nevertheless held that New York’s joinder statute, CPLR §1001, permitted the case to go forward without them.

Two years ago, the U.S. Supreme Court dismissed a federal interpleader action, started by Merrill Lynch itself, to win authority to distribute the contested funds.

In Republic of the Philippines v. Pimentel, 128 S.Ct. 2180 (2007), the Court held that a federal interpleader action had to be dismissed for failure to join both the government and the commission, finding them to be indispensable parties because their sovereign interest in having their own courts resolve the dispute is “concrete.”

Joinder of a party under both state and federal law requires that it be both “necessary” and “indispensable” to the action.

Both Ramos and the U.S. Supreme Court found that the Philippine entities were necessary parties under parallel state and federal joinder rules.

But applying a complex statutory balancing, Ramos, unlike the U.S. Supreme Court, found that the parties were not “indispensable.”

The class action plaintiffs are competing with the Philippine commission to recover funds that can be traced to Marcos, members of his family and top aides.

Robert A. Swift, lead counsel to class, said the Philippine government had resisted the class’ efforts to recover on its judgment at every turn since it was entered in 1995.

“There is mean spiritedness to this,” said Swift of Kohn Swift & Graf in Philadelphia. “The Philippine government doesn’t want thousands of the Marcos regime’s human rights victims to ever receive a cent or peso.”

To date, he added, the class has recovered several million dollars over “staunch opposition” from the Philippine government.

Charles A. Rothfeld, of Mayer Brown, who is representing the Philippine National Bank, an intervenor, said that the Philippines had treated funds recovered from Marcos-era figures as “belonging generally to the government” and dedicated them to public purposes such as agrarian reform.

The good government commission was established in 1986, shortly after Marcos was deposed, to recover “ill-gotten wealth” accumulated by his regime. Since then, it has recovered $1.9 billion, according to Swift.

The class action, which represents persons who were tortured, maimed or killed during the 20 years Marcos ruled the country, won a $2 billion jury verdict in federal court in Hawaii in 1995.

The same $35 million is in dispute in both the interpleader action started in 2000 by Merrill Lynch in the U.S. District Court for the District of Hawaii and the turnover action started by the class plaintiffs this year before Ramos.

The money belongs to a Panamanian corporation set up by Marcos while he was president. The highest court in Switzerland has ruled that the Panamanian corporation was an alter ego for Marcos.

In 2008, a Philippine court ruled that the $35 million at Merrill Lynch should be forfeited to the Philippine commission. The class was denied permission to intervene in the Philippine proceeding.

Earlier this year, the class plaintiffs filed the $2 billion judgment it had recovered under the federal Alien Tort Claims Act, 28 U.S.C. §1350 et seq., with the state Supreme Court in Manhattan.

There is no judgment as yet in the Philippine case, and Marcos’ estate is appealing the ruling that the Merrill funds must be forfeited.

PARTY’S ONLY REMEDY

Ramos noted that “dismissal for non-joinder is disfavored” in New York “particularly where, as here, the party seeking relief would be left without a judicial remedy.”

The class, Ramos found, has no alternative forum other than state Supreme Court in which to resolve the competing claims to the Merrill funds.

The efforts of the class to join the Philippine proceeding was rebuffed, he found. In addition, when five class members sought to enforce the Hawaii judgment in the Philippines, their petition was dismissed for failure to file an $8.4 million filing fee.

Even though the class filed a motion to lower the filing fee, Ramos noted, a judgment dismissing the Philippine case was filed five years later without any ruling on the class’ motion. The Philippine court’s handling of the matter was found by the United Nations Human Right Committee to violate a U.N. covenant, Ramos pointed out in a footnote.

“It is certainly the Republic’s prerogative not to participate in this proceeding as a nation entitled to sovereign immunity,” Ramos wrote. But, he added, “Should it continue to elect not to participate, all other parties to this proceeding should not be forced to forego a resolution as to the disposition of this property.”

Even if the Philippine government reverses course and elects to participate in the state turnover proceeding, the class “will likely prevail because it was the first to file a judgment in New York,” said Jeffrey E. Glen, a partner at Anderson Kill & Olick, who has been local counsel for the class in the turnover proceeding.

Ramos granted permission to intervene to both Philippine National Bank and Arelma, the Panamanian corporation that holds title to the assets at Merrill.

Rothfeld, who represents Arelma as well as the bank, said his clients are considering their options.

Daniel A. McLaughlin, of Sidley Austin in New York, represented Merrill Lynch.

http://www.law.com/jsp/law/international/LawArticleIntl.jsp?id=1202435675314&NY_Court_Rules_Class_Can_Seek_to_Recover_Funds_in_Philippine_Abuse_Case

Claimants 1081’s prize: So near, so far /Inquirer.net

Inquirer Headlines / Nation http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20081211-177327/Claimants-1081s-prize-So-near-so-far HUMAN RIGHTS REPORT HUMAN RIGHTS REPORT : Claimants 1081’s prize: So near, so far By Ma. Ceres P. Doyo Columnist / Writer Philippine Daily Inquirer Posted date: December 11, 2008 MANILA, Philippines—They have won but where’s the prize? It is a breath away. So near and yet so far.Despite victory in the courts, some 10,000 victims of human rights violations during the Ferdinand E. Marcos dictatorship remain empty-handed. Four administrations after Marcos have not helped in dispensing justice to the victims and have instead stood in the way. For the final hurdle, lawmakers have only to sign the Human Rights Compensation Bill, but why the long delay? “The Republic of the Philippines has succeeded in blocking the Marcos victims from the partial enforcement of a judgment they had won in US courts,” said former party-list Rep. Loretta Ann Rosales. Rosales is chair of Claimants 1081, an organization of victims of abuses under the dictatorship. The figure referred to Marcos’ martial law proclamation. Herself a victim-claimant, she was detained twice during the martial law years, tortured and sexually molested. Tortured and waiting Dead, dying, aging, sickly, poor. Many had waited for so long until time overcame them. Many of them are now senior citizens. Hilda Narciso, 63, was mistakenly arrested and detained, tortured and raped repeatedly by soldiers in Davao City in 1983. Her case was nationally and internationally known. Inday Olayer, 60, was detained in 1981 along with her husband Joseph Olayer. Soldiers put bullets between her fingers and pressed them hard in order to exact information from her. “For two years I could not use my hands and sign my name in front of authorities,” she recalls. “I was so traumatized.” Her husband also took the blows. His head was dunked in a toilet bowl, he was made to lie on blocks of ice, electrocuted and was hit in the balls. Peter Villaseñor, 50, a peasant organizer, was arrested in Bataan in 1982. He remembers: “I was tortured for nine days and nine nights. I was stripped naked and given the water torture. I was made to lie down and a wet cloth was placed over my face. They hung a bucket of water above my face and let the water drip on my face whenever I refused to answer. I would gasp for air, like I was drowning.” Daisy Valerio, 58, and two sons, are among the families under Claimants 1081. Her husband, former priest Nilo Valerio, was killed by the military in Benguet in 1985. His body was never recovered. Class action suit Two months after Marcos fled to Hawaii in 1986, victims of human rights violations filed a class action suit against Marcos. The move was based on a 200-year-old US Alien Tort Law that provides victims of despotic leaders the right to seek redress against these leaders in US courts as long as these leaders reside in US territory and are found guilty by US courts. The suit was filed in the Hawaii Federal District Court on behalf of 9,539 victims of martial rule. In 1995, the victims won a final judgment from the court and were awarded $1.9 billion comprising $1.2 billion in exemplary damages and $700 million in compensatory damages. In 1997, the Swiss Federal Supreme Court ruled to transfer $540 million in Marcos Swiss dummy deposits. These were to be placed in an escrow account in the Philippines and released on two conditions: • That the Philippine government must obtain a final judgment in its own courts entitling it to the money. • The government should compensate the victims who obtained the US judgment. P472-M docket fee To seek enforcement of the judgment in Philippine courts, the claimants filed a case in a Makati district court in 1997. They were shocked when they were asked to pay an exorbitant docket fee of P472 million. They asked the Supreme Court to rule against this filing fee. Sadly, the tribunal sat on it for six years. The court moved only when the claimants elevated the matter to the United Nations Committee on Civil and Political Rights. After six years, the court decided on a mere P410 filing fee instead of the P472 million. It was a long, long wait. The UN Human Rights Committee issued a decision declaring the long wait “unreasonable, resulting in a violation of the authors’ rights.” In 2007, the claimants’ counsel wrote the Philippine solicitor general attaching the UN decision and asking how the solicitor general could assist the victims in enforcing their judgment in Philippine courts. Again, a long delay. Arelma case Meanwhile, after nine appeals, the Hawaii court conducted a trial of a complaint against Merrill Lynch for allegedly holding Marcos assets in the name of Panamanian corporation Arelma Inc. In 2006, the court awarded the Arelma assets of $35 million to the claimants. The Hawaii court ruled that while the $35-million Arelma assets would scarcely satisfy the $1.9 billion judgment, it had a symbolic significance. But in 2006, the court granted the Presidential Commission on Good Government’s (PCGG) motion for a stay of the distribution of the $35 million to the victims. The Supreme Court would later rule that neither the PCGG nor the Philippine republic could have access to the $35 million in Arelma. The Sandiganbayan must first prove that this is part of the forfeiture of a case which was finally ruled by the Supreme Court as ill-gotten. The Arelma money, Rosales argues, cannot be considered a part of the Swiss deposits. It could go straight to the claimants, but the Philippine government has put so many blocks along the way. The last hurdle is the passing of Human Rights Compensation Bill. Part of the Marcos ill-gotten wealth, or $1.9 billion, should go to the claimants. Not all the recovered ill-gotten wealth should go to agrarian reform and therefore the agrarian reform law has to be amended. The Philippine Senate has passed the bill. The House of Representatives has stalled and is sitting on it. The long wait is far from over.

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STATEMENT ON THE MISSING $34.14 MILLION

STATEMENT ON COA REPORT RE MISSING $34.14 MILLION

ILL-GOTTEN MARCOS FUNDS

Aug. 12, 2009

In behalf of the thousands of martial law victims, Claimants 1081 welcomes the COA findings disclosing the missing $34.14 million ill-gotten Marcos funds because of PCGG’s failure to submit this to the National Treasury. At the same time, we express our disappointment over the way the government has handled the ill-gotten wealth of Marcos amounting to over an estimated $654 million. All the money was supposed to have been transferred to the National Treasury from the PNB after the Supreme Court finally ruled last July 15, 2003 that the money was ill-gotten.

That $22 million of this amount, which has now grown to $34.14 million, was not submitted to the National Treasury despite a Deed of Release with Quitclaim issued by PCGG four years ago, should have been reported to the public considering that the ill-gotten wealth is intended specifically for the agrarian reform program and for the victims of martial law with the passage of the human rights compensation bill.

What adds insult to injury is the fact that this money, which has obviously been kept out of the National Treasury for litigation of PCGG cases abroad has been reportedly used for trips to Singapore and the U.S. by PCGG Chair Camilo Sabio and friends and relatives to oppose the $1.9 billion judgment of the class suit that the martial law victims had won in 1995.

I had earlier called for the COA to investigate this “hidden wealth” from the ill-gotten Marcos funds which were arbitrarily being used for junkets by friends and relatives of Camilo Sabio who himself has pending cases in the Ombudsman regarding withdrawals from funds of sequestered firms deposited in his personal account. Both Akbayan and Claimants 1081 have likewise called for the suspension of Camilo Sabio as Chair of PCGG. He has no business representing the Republic of the Philippines with cases of graft and corruption involving his acts as Chair of the PCGG.

Now that COA has let the cat out of the bag, we earnestly urge that COA order a full reimbursement by the PCGG of the missing $34.14 million and that this money be placed in the special account for the victims of human rights violations once the bill is passed into law. I had been earlier told by the National Treasury that P10 billion of the Swiss funds is kept intact in a special account but that, until such time the victims have a law passed in their favor, the money cannot be touched.

In this regard, as Chair of Claimants 1081 and in their behalf, I would like to call on Congress to please speed up the passage of the human rights compensation bill which we failed to pass in the 13^th Congress because the House of Representatives did not calendar the bill’s ratification after the Bicameral Conference, ostensibly upon orders from Malacanang.

I had the privilege and honor of talking quite briefly with the President of the Swiss Federal Republic in a reception last night given by the Swiss Embassy in his honor. I was quite impressed with the fact that he said he had repeatedly spoken about the passage of the human rights compensation bill to President Arroyo during his visit. The news in some of the broadsheets seems to confirm the assurance given me by the Swiss President and for this, again we pray and hope that by Christmas our thousands upon thousands of martial law victims will see the light at the end of the tunnel with the passage of the compensation bill into law and its signing by President Arroyo.

Etta Pargas-Rosales

Chair, Claimants 1081

Aug. 11, 2008

Swiss Money for Human Rights Missing from RP Treasury

Inquirer Headlines / Nation http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20080812-154067/34M-in-Marcos-funds-missing $34M in Marcos funds missing COA: Escrow account never transferred to Treasury By Jocelyn Uy, Christine Avendaño Philippine Daily Inquirer Posted date: August 12, 2008 MANILA, Philippines—Some $34.13 million in Swiss bank deposits recovered by the government from the accounts of the late dictator Ferdinand Marcos is missing, according to the Commission on Audit.In its 2007 audit report on the Presidential Commission on Good Government (PCGG), the COA noted that at least $34,130,468.05, or over P1.41 billion, in Marcos Swiss deposits placed in an escrow account at the Philippine National Bank (PNB) was not turned over to the Bureau of Treasury (BTR.) The PCGG had executed a Deed of Release with Quitclaim four years ago acknowledging and confirming PNB’s full compliance with the writ of execution issued by the Sandiganbayan, ordering the transfer of the Swiss deposits to the BTR. But an audit of the funds revealed that only $624,044,905.55 was transferred and recorded in the books of accounts of the BTR. “The balance of $34,130,468.05 remained unaccounted/unrecorded in the books,” the COA noted. The money was part of the more than $658 million transferred more than 10 years ago to an escrow account in the PNB while the Supreme Court deliberated the ownership of the deposit. In July 2003, the high tribunal forfeited the Swiss deposits in favor of the government. The Sandiganbayan issued a writ of execution on Jan. 22, 2004. Eight days later, the PNB filed a manifestation with compliance before the anti-graft court. The PCGG informed the COA that it had no record on file as far as the Swiss deposits in the PNB were concerned. Complete accounting On the other hand, the PNB Trust Department informed the COA that the bank had been regularly submitting monthly financial reports to the PCGG. The COA asked the PCGG to order the PNB to submit a complete accounting, financial statements and other documents supporting the funds held in trust — from the time the amount of $624,044,905.55 was deducted from the total deposit. It also advised the PCGG to transfer the money to a government depository bank such as the Land Bank of the Philippines or the Development Bank of the Philippines after a complete accounting of the supposedly missing funds. Swiss support Swiss President Pascal Couchepin, meanwhile, assured President Gloria Macapagal-Arroyo of his government’s support for the recovery of Marcos assets in Switzerland and in third countries during a bilateral meeting in Malacañang Monday. Couchepin is in the Philippines on a two-day state visit. Twenty-three years after Marcos was ousted by people power, the country continues to recover billions of pesos in alleged illegal wealth he acquired and stashed abroad, including Switzerland. Just compensation “The two Presidents expressed satisfaction over the past close and successful cooperation on the restitution of Marcos assets from Switzerland to the Philippines following the final ruling by the Swiss Federal Court in 1998,” said a joint statement issued Monday by the two countries. During their talk, Ms Arroyo also briefed Couchepin on the status of a bill pending in Congress that aims to compensate thousands of Filipinos who were victims of human rights violations during the Marcos regime. The House version is on its third and final reading. Ms Arroyo assured Couchepin that her administration “attaches great importance to the speedy passage of the law so that human rights victims may be justly compensated,” according to the joint statement. 10,000 OFWs For his part, Couchepin conveyed “the firm expectation of the Swiss government that the Philippine Congress may soon enact the Human Rights Compensation Bill,” the joint statement said. During a state luncheon she hosted for Couchepin, Ms Arroyo thanked Switzerland for hosting 10,000 Filipino workers there, employed in the United Nations or as healthcare professionals in institutions and homes for the aged. “As for our economic ties, we acknowledge the important role of 60 Swiss firms operating in the Philippines [and their contribution] to our national development,” she said.

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Black Friday: US SC decides vs HR Victims, 13 June 2008

Rights victims, RP govt clash over $35-M Marcos money ABS CBN News, Philippines - 2 hours ago Victims of human rights abuses during the martial law period and the Philippine government are now at odds following the decision of the United States …

Sounding Board Righting human rights wrongs Inquirer.net, Philippines - 12 hours ago By Fr. Joaquin G. Bernas, SJ MANILA, Philippines – It is not that the US Supreme Court decided against compensating Marcos human rights victims for what …

Marcos funds not going to gov’t, says lawyer Inquirer.net, Philippines - Jun 14, 2008 By TJ Burgonio DON’T CELEBRATE JUST YET, A Filipino lawyer Saturday chided government officials after the United States Supreme Court junked a Hawaii court …

US High Court rules vs claims of Marcos human rights victims Manila Bulletin, Philippines - Jun 13, 2008 By JOSEPH G. LARIOSA CHICAGO, Illinois —The United States Supreme Court dealt a blow Thursday, June 12, to the claims for compensation of victims of the …

US Supreme Court decides against Philippine victims Taipei Times, Taiwan - Jun 13, 2008 The US Supreme Court ruled on Thursday against nearly 10000 victims of human rights abuses during the regime of late Philippine dictator Ferdinand Marcos in …

US ruling may delay compensation for Marcos victims The Associated Press - Jun 13, 2008 MANILA, Philippines (AP) — Lawyers for Philippine victims of human rights abuses under late dictator Ferdinand Marcos said Friday they regretted a US …

‘Thank God, truth and justice prevailed again’ Inquirer.net, Philippines - Jun 13, 2008 MANILA, Philippines — Former First Lady Imelda Marcos on Friday said the US Supreme Court ruling on a disputed $35-million account in favor of the …

Imelda Marcos welcomes US court ruling over money Reuters - Jun 13, 2008 MANILA (Reuters) – The wife of late Philippine ruler Ferdinand Marcos has praised a US Supreme Court ruling against victims of human rights abuses in the …

(UPDATE 2) Gov’t hails US ruling vs rights victims Inquirer.net, Philippines - Jun 13, 2008 By Lira Dalangin-Fernandez, Veronica Uy MANILA, Philippines — The government on Friday hailed the US Supreme Court dismissal of a case involving a disputed …

Philippines welcome US court decision on Marcos money Bangkok Post, Thailand - Jun 13, 2008 Manila (dpa) – The Philippine government on Friday welcomed a US Supreme Court decision dismissing the claims made on a 35-million-dollar New York account …

US court rules against victims over Marcos money Reuters - Jun 12, 2008 WASHINGTON (Reuters) – The US Supreme Court ruled on Thursday against nearly 10000 victims of human rights abuses during the regime of Philippine ruler …

Court ruling hinders Marcos victims seeking funds The Associated Press - Jun 12, 2008 WASHINGTON (AP) — The Supreme Court on Thursday dealt a setback to victims of the Ferdinand Marcos regime who are fighting the Philippine government for …

US upholds RP position on late Marcos’ millions Manila Standard Today, Philippines - Jun 14, 2008 WASHINGTON—THE US Supreme Court on Thursday ruled that Philippine courts should decide on the ownership of $35 million that the late dictator Ferdinand …

PCGG vows to recover all Marcos ill-gotten wealth GMA news.tv, Philippines - Jun 14, 2008 MANILA, Philippines – The Presidential Commission on Good Government (PCGG) vowed Saturday to recover all the alleged ill-gotten wealth of the late …

US Supreme Court allows RP courts to hear Arelma case GMA news.tv, Philippines - Jun 13, 2008 MANILA, Philippines – The United States Supreme Court has granted the government’s petition to allow the Philippine courts to settle the case involving the …

Govt wins Marcos case in US high court Manila Times, Philippines - Jun 13, 2008 The Philippine government recently won a landmark decision in the United States when the US Supreme Court ruled against the close to 10000 victims of …

Palace: US high court decision on Marcos wealth is ‘precedent’ GMA news.tv, Philippines - Jun 13, 2008 MANILA, Philippines – Malacañang said Friday that the US Supreme Court decision on the ownership dispute over the $35 million invested at the Merill Lynch …

PCGG welcomes US high court ruling on Marcos wealth GMA news.tv, Philippines - Jun 13, 2008 MANILA, Philippines – The Presidential Commission on Human Rights on Friday welcomed a US Supreme Court decision regarding the ownership of $35 million that …

Updates on the Class Suit 6 May 2008

Marcos victims want to settle with gov’t — lawyers
Inquirer.net - May 6, 2008
Swift, 61, also said he was optimistic that the US Supreme Court would issue a favorable ruling on the case of the $35-million Arelma account within the next 45 days. “I believe that the [US] Supreme Court will rule in your favor,” he said, …
Conti loses in PCGG power struggle Manila Standard Today
Marcoses seek dismissal of estate case Manila Standard Today
all 5 news articles »

Marcos victims’ US lawyer here for consultations
ABS CBN News - May 4, 2008
These include the $35-million Marcos deposits kept under Panamanian firm Arelma Inc. in Merill Lynch, New York; the $22 million kept in a Singapore branch of German bank West LB; and last, tracts of lands located in Texas and Colorado titled under …

US lawyer to hold discussions on compensation for martial law victims
GulfNews - May 4, 2008
These include the $35 million deposit kept under a Panamanian firm Arelma Inc in Merrill Lynch, New York; another case involves $22 million kept in a Singapore branch of German bank West LB and, lastly, acres of land in Texas and Colorado under former …

Marcos victims hail Singapore court ruling on $25-m deposits

Manila Standard Today – Philippines
The ruling, Rosales said, was also a big blow to the government’s claim on the $35-million Arelma case that is now being heard by the US Supreme Court. …

See all stories on this topic

Singapore Court Decision(pdf format)

Martial Law Rights Victims Scores Win Vs. Arroyo Government

FILIPINO VICTIMS OF HUMAN RIGHTS ABUSES
ELATED AGAINST THE PHILIPPINE GOVERNMENT
IN SINGAPORE; TRIAL ON THE MERITS ENSUES

Singapore Court Decision

( Pls click here to download the document in .pdf format)

Press Statement
Robert Swift
Rod C. Domingo, JR.
Filipino victims of human rights violations who scored a landmark victory against both the Republic of the Philippines (ROP) and the Philippine National Bank (PNB) in a major lawsuit in Singapore are euphoric over their recent victory concerning the recent Court of Appeal ruling that the Singapore Court has no jurisdiction to litigate in view of the government’s defense of sovereign immunity. Nine months after the appeal was briefed and argued, Chief Justice Chan Sek Keong of the Singapore Court of Appeal rendered a judgment denying the Philippine government’s sovereign immunity defense. At issue in the Singapore case is over $29 million of money originally hidden by the late President Marcos in a Swiss Bank before being transferred to Singapore. The litigation began in 2003 when West LB, a Singapore Bank, was confronted with competing claims for the money and deposited the money into the Singapore High Court. Filipino victims of human rights violations claim the money to partially satisfy their now $4.75 billion judgment against the former dictator. The government asserts that it was awarded the money by the Philippine Supreme Court in July 2003. Philippine National Bank claims it is custodian of the money for the government.

In early 2006, the Philippine government intervened into the case to try and force its dismissal by arguing it was a claimant to the money but was entitled to sovereign immunity and not subject to the jurisdiction of the Singapore Court. In a 56-page decision, Chief Justice Chan Sek Keong ruled that sovereign immunity did not apply since the bank account was not in the possession of the government.

The case now reverts to the trial court for a trial on the merits. The Philippine government now must prove that it is entitled to the money; otherwise, the martial law victims will be awarded the funds in view of its original jury award of US$4.75 billion, including accrued interest.

The 9,539 Filipino human rights violations victims are members of a class action litigated in the United States against Ferdinand E. Marcos for torture, summary execution and disappearance which resulted in a 1995 jury award which, with interest, is now worth $4.75 billion. Their judgment was affirmed on appeal.

Lead counsel Robert Swift said “this is a significant victory on the way to obtaining a final verdict for the entire $29 million. Singapore’s highest court upheld Singapore’s sovereignty to decide ownership to property located in Singapore. The tragedy is that the Philippine government opposes every effort by Filipino human rights violations victims to recover on their judgment. The Singapore decision is also noteworthy because it found for the human rights victims on the same issue which I argued for the victims in the United States Supreme Court last week involving $35 million of Marcos assets found in a Merrill Lynch account. Hopefully the U. S. Supreme Court will follow the lead of the Singapore court.”

Filipino co-counsel Rod Domingo, Jr. observed that “the Republic’s claims to the money in Singapore are sinking fast. Despite its expenditure of over $1 million in legal fees and the engagement of Singapore’s largest and most influential law firm, it is losing. I think the Singapore Court is sending a signal to the Republic that its claims are in jeopardy unless it settles with the victims.”

ROD C. DOMINGO, JR.
15/F LPL Center 130 L.P. Leviste Street
Salcedo Village Makati City 1227
Tel. Nos. (632) 813-3459
(632) 813-3497
Cellphone Nos. (0917) 813-1800
(0922) 812-0869
Fax No. (632) 812-7997
E-mail: rcdomingojr@comcast.net
rcdomingo2004@yahoo.com

News Links on Arelma US Supreme Court Oral Argument

Oral arguments over Marcos’ millions Manila Standard Today - 15 hours ago Justice Souter: Well, doesn’t the—maybe this makes no difference, but doesn’t the Philippine National Bank have the—whatever they call them, the share certificates or stock certificates that represent the Arelma assets at this point? Victims Battle Over Marcos’ Money The Associated Press - Mar 17, 2008 The fight stems from Marcos’ transfer of $2 million in 1972 to Arelma SA, a Panamanian shell corporation that invested the money with Merrill Lynch, Pierce, Fenner & Smith Inc., in New York. Oral arguments over Marcos’ millions Manila Standard Today - Mar 18, 2008 Oral argument of Charles A. Rothfeld on behalf of the Petitioner Mr. Rothfeld: Thank you, Mr. Chief Justice, and may it please the Court: This case concerns a dispute over the ownership of the property, the Arelma assets, that the Republic of the … ‘Arroyo spending millions to block award to rights victims’ Inquirer.net - Mar 14, 2008 Akbayan chair emeritus Loretta Ann Rosales said her group estimates the Arroyo government has spent about $3 million or P150 million to pay the law firms Mayer Brown and Platt, and Heller Ehrman, to “obstruct the awarding of $35 million in the Arelma … Marcos millions, Uncle Sam’s justice Manila Standard Today - Mar 18, 2008 READERS will find beginning on page 2 the transcript of US Supreme Court hearing on the so-called Arelma account, the $35 million (2000 estimate) investment kept by late President Ferdinand Marcos in Merrill Lynch that is being claimed by the human … Pivotal hearing on Marcos account in US Manila Times - Mar 16, 2008 Sabio, according to Nario, “provided additional substantial evidence and information on the Arelma case” to the US lawyers. PCGG defends officials’ US travel for Marcos trial (12:16 pm) Sun.Star - Mar 17, 2008 It is covered by a travel authority that directs the chairman to perform certain responsibilities and his presence together with PCGG officials is crucial in the on-going litigation on the Arelma account in the United States,” PCGG information head … Rights group wants PCGG investigated Manila Standard Today - Mar 14, 2008 Reacting to reports that Sabio was in Washington DC to attend oral arguments in the Arelma case, she said: “He has no business representing the Republic of the Philippines in the US Supreme Court. Marcos rights abuse victims upbeat on US SC review Inquirer.net - Mar 12, 2008 Domingo said the funds being disputed were part of the “Arelma account” of a Panamanian dummy company. The amount being claimed by the human rights victims in the case amounted to $35 million which, including interest, would now be worth close to $40 …