[av_textblock size=” font_color=” color=” av-desktop-hide=” av-medium-hide=” av-small-hide=” av-mini-hide=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=”]
[/av_textblock]
[av_one_full first min_height=” vertical_alignment=” space=” custom_margin=” margin=’0px’ padding=’0px’ border=” border_color=” radius=’0px’ background_color=” src=” background_position=’top left’ background_repeat=’no-repeat’ animation=”]
[av_heading heading=’CA affirms ruling vs martial law victims’ $2-B claims ‘ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY ADRIAN STEWART CO
[/av_heading]
[av_textblock size=” font_color=” color=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
MANILA – The Court of Appeals (CA) affirmed its decision to dismiss the petitions of the victims of human rights abuses during martial law under dictator Ferdinand Marcos Sr. to collect around $2 billion in damages.
The United States federal court that decided to award $1.964 billion to the victims had no jurisdiction over the class suit, the CA stated in an earlier ruling.
“Consequently, the final judgment rendered therein by the Hawaii court is not binding,” the latest CA resolution said of the US court’s Feb. 3, 1995 decision. “Rules of comity should not be made to prevail over our Constitution, and we cannot allow foreign impositions to trample upon our sovereignty.”
The CA also noted that the claimants’ classification – torture, summary execution and disappearance victims – cannot fall under a class suit.
Moreover, the Hawaii decision did not ensure that the Filipinos who initiated the case “were truly and legally authorized by the other purported claimants,” the appellate court said.
The case stemmed from a class suit filed in April 1986 before a US District Court in Hawaii by more than 9,500 Filipinos who claimed damages for human rights violations under Marcos.
Ten of the claimants represented the class. They were led by the father of torture victim Liliosa Hilao, former Commission on Human Rights chairwoman Etta Rosales, film director Joel Lamangan, retired judge Priscilla Mijares, and Tondo community organizer Mariani Dimaranan.
Meanwhile, the claimants planned to elevate the case before the Supreme Court.
The case was dismissed three times – first by a Makati City Regional Trial Court and twice by the Court of Appeals, including the latest decision./PN
[/av_textblock]
[/av_one_full]
