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The Honolulu Advertiser

Posted on: Saturday, February 5, 2005

Abuse victims denied right to Marcos' fortune

By David Kravets
Associated Press

SAN FRANCISCO — Thousands of Filipinos seeking compensation from the regime of former Philippine dictator Ferdinand Marcos lost a major legal battle yesterday in their quest to recover a $2 billion jury verdict to settle human rights abuses.

Then-Hawai'i Gov. George Ariyoshi, center, and his wife, Jean, welcomed ousted Philippine leader Ferdinand Marcos in 1986.

Advertiser library photo • Feb. 27, 1986

A U.S. appeals court here ruled that the 9,500 plaintiffs, most of them living in the Philippines, have no right to recover $683 million in Marcos' assets that were transferred from a Swiss account to the Philippine government, which claims ownership of the money.

The plaintiffs filed a class-action lawsuit against the Marcos estate in 1986, the year he was deposed after ruling for 20 years. Marcos and his family fled to Hawai'i, where he died in exile in 1989.

In 1995, using a two-century-old U.S. law, a Honolulu jury awarded plaintiffs $2 billion after finding Marcos responsible for summary executions, disappearances and torture.

The plaintiffs have not collected from that judgment, which is nearing $4 billion with interest, and have been awarded a combined $40 million from Marcos assets found in a New York bank. That award is on appeal.

The $683 million represented the largest amount available to the plaintiffs.

Ferdinand Marcos
"This means the class is going to have a lot of difficulties recovering money," said Robert Swift, an attorney for the plaintiffs.

Swift and others argued that the $683 million transferred from the Swiss account to the Philippine National Bank should have been awarded to their clients.

The Philippine government said the money was part of the national treasury, a decision the country's highest court agreed with in 2003 when it ordered the national bank to forward the money to the government.

Yesterday, a three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals ruled that American courts have no legal right to overturn a foreign country's supreme court — despite the plaintiffs' 1995 jury award in Honolulu.

In this case, the decision applies to the Philippine Supreme Court's order that the funds be forwarded to the national treasury.

The San Francisco appeals court has jurisdiction for Hawai'i and eight other western states.

Jay Ziegler, an attorney for Philippine National Bank, said the institution was gratified by the decision.

"We think it is the correct result in this case," Ziegler said. "The Philippine Supreme Court in 2003 ordered the funds forfeited to the government, and the bank complied with the Supreme Court."

A U.S. judge in Hawai'i ruled last year that the 2003 decision by the Philippine Supreme Court "was entitled to no deference."

That decision opened the door to the bank potentially being liable to the plaintiffs for the $683 million it transferred to the national treasury — an opening the appeals court closed yesterday.