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Saturday, October 13, 2007

 

Human-rights victims file $414M new claim


Martial law human-rights victims have asked the United Nations Committee on Human Rights to compel the Philippine government to pay them $413.5 million, according to a press release issued by Rod Domingo Jr. and Robert Swift.

The statement said the government has snubbed the awarding of $1.9 billion in compensation as ruled by a Hawaiian court in early 1995.

Robert Swift is the lead counsel in this case.

Lawyer Rod Domingo, one of the Filipino legal counsels of the human-rights victims, told The Manila Times the $413.5 million represents interest earned on the $1.9 billion over a period of eight years, from May 20, 1997, when the victims asked a Makati Regional Trial Court to collect the amount awarded to them by a Hawaii jury, to April 15, 2005, when the Supreme Court ruled that the filing fee for the case is only P400.

“We only used a 6-percent interest and not compounded, over the period of eight years,” Domingo said. “If we used a 7-percent interest compounded annually, the amount of interest earned will exceed $2 billion.”

Domingo said the legal counsels of the rights victims, numbering 9,539, filed the petition on the matter before the UN rights committee last October 1. On March 19 this year, the UN committee issued a document, which stated that the Philippine government has a duty to provide a “prompt resolution of their case on the enforcement of the US judgment.”

It was on February 3, 1995, that a jury of a Hawaiian District Court in the US awarded $1.9 billion to the 9,539 victims (or their heirs) of torture, summary execution and disappearance during the martial-law years of Ferdinand Marcos’ rule.

Then on May 20, 1997, the victims filed a case before a Makati Regional Trial Court, seeking to collect the awarded damages from the Marcos assets in the Philippines. However, the court asked the rights victims to pay a filing fee of $8.4 million. The victims found the filing fee exorbitant and took the matter to the Supreme Court.

The High Court ruled eight years later on April 15, 2005, that the filing fee should only be $7.20 or P400.

Although the High Court lowered the filing fee, the UN rights body scored the Philippine government for the eight-year delay in resolving the matter. “For this reason, the committee considers the length of time taken to resolve this issue was unreasonable,” according to the press statement quoted the UN rights body saying.

   

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Severino O. Frayna Jr., Benjie Dela Rosa
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