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THE lawyer for the 10,000–strong human rights
victims expressed elation over the decision of the Singaporean High
Court in junking the Philippine government’s sovereign immunity
defense, nine months after an appeal was filed before them.
Lawyer Rod Domingo Jr. said in a
statement that they scored a landmark victory against both the
Republic of the Philippines and the Philippine National Bank, and
that human rights victims are “euphoric” over their 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.
Chief Justice Chan Sek Keong of
the Singapore Court of Appeals denied the government’s sovereign
immunity defense. Domingo said that the case now reverts to the
trial court for a trial on the merits.
He said that the Philippine
government is now burdened to prove that it is entitled to the money
which human rights victims are claiming. Otherwise the martial law
victims will be awarded the funds in view of its original jury award
of $4.75 billion, including accrued interest.
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 9,539 Filipino human rights
violations victims are members of a class action litigated in the
United States against former President Ferdinand Marcos for torture,
summary execution and disappearance, which resulted in a 1995 jury
award amounting to $4.75 billion with interest. Their judgment was
affirmed on appeal.
--Francis Earl A. Cueto
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