$ingapore's
High Court has denied the Philippine government's claim to the
US$23-million Marcos funds in the city state, the lawyers for
human rights victims said Thursday Dec 28.
In a statement,
lawyer Rod Domingo Jr. said at issue in the $ingapore
case is over $23 million of money originally hidden by former
president Ferdinand Marcos in a Swiss bank before being transferred
to $ingapore.
"Following
nine months of briefing and several oral arguments, Justice Kan
Ting Chiu of the $ingapore
High Court entered a judgment denying the (Philippine) Republic's
major defense," he said.
Martial law
victims claim the money to partially satisfy their now $4 billion
judgment against Marcos, he added.
The Philippine
National Bank claims it is custodian of the money for the Republic,
Domingo said.
Lead counsel
Robert Swift said it is a significant victory on the way to obtaining
a final verdict for the entire $23 million of Marcos funds.
"The $ingapore
Court upheld $ingapore's
sovereignty to decide ownership to property located in $ingapore,"
he said.
"The tragedy
is that the Republic is so heartless that it opposes every effort
by Filipino human rights victims to recover on their judgment.
"The Republic
even opposes the US Court-ordered distribution of the first payment
of US$2,000 to each victim from monies already collected in the
US on their behalf."
Domingo said
that "the government's claims to the money in $ingapore
are sinking fast."
"I think
the $ingapore
Court is sending a signal to our government that it wants this
matter settled or there could be dire consequences," he said.
The
9,539 Filipino victims of
martial law are part of a class action
litigated in the United States against
Marcos for torture, killings and
forced disappearances.
Despite spending
over $1 million in legal fees and the engagement of $ingapore's
largest and most influential law firm, the Philippines is losing
the case, he added.
Domingo said
the Presidential Commission on Good Government's vaunted defense
of sovereign immunity, as in the Arelma case, has once again been
debunked and shuttered.
"When will
it ever stop working against the oppressed victims of human rights
abuses?" he asked.
Domingo said
in a 27-page decision, Kan ruled that the arguments made by PNB
were arguments of the Philippine government, and not those of
PNB.
"The Republic
has therefore, by its agent PNB, laid its claim before this Court
and has submitted to the jurisdiction of the Court," Domingo quoted
the decision of the $ingapore
High Court. Kan also assessed costs, including legal fees, against
the Republic and PNB, he added.
The 9,539
Filipino victims of martial law are part of a class action litigated
in the United States against Marcos for torture, killings and
forced disappearances, Domingo said.
The Philippine
government has asserted that it was awarded the money by the Philippine
Supreme Court in July 2003.
The litigation
began in 2003 when West LB, a $ingapore
Bank, was confronted with competing claims for the money and deposited
the money to the $ingapore
High Court.
Early in
the litigation, PNB argued the case should be heard in the Philippines,
but the $ingapore
High Court denied that request and assessed costs in favor of
human rights victims.
In early
2006 the Philippine government entered the case to try and force
its dismissal, arguing it was a claimant to the money but was
entitled to sovereign immunity and not subject to the jurisdiction
of the $ingapore
Court.
In 1995,
a US jury awarded the human rights victims an amount which, with
interest, is now worth $4 billion.
The judgment
was affirmed on appeal.