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Asian Federation Against Involuntary Disappearances


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances
 

 

Asian Federation Federation Against Involuntary Disappearances
 


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances
 

 

Asian Federation Federation Against Involuntary Disappearances
 


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances
 


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances

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Asian Federation Against Involuntary Disappearances


Asian Federation Against Involuntary Disappearances

Asian Federation Against Involuntary Disappearances

COUNTRY SITUATION
Philippines

The Domino Effect of the Marcos Saga

by Jennifer S. Pacursa1

Overview

There was something eerie about the morning of September 21, 1972. There were no radio and TV programs, the newspaper boy did not deliver the morning papers, and the presence of the military in the streets was more pronounced. For Filipinos already born during this time, it was the worst time of their lives.

It may seemed just like any other day. But it was the day that Presidential Decree 1081 was enacted into law. Otherwise known as the martial law, the proclamation changed for the worse the lives of millions of Filipinos, even those who were not yet born

In Marcos' twenty one -year rule and at the height of his power, Ferdinand Marcos transformed the political and economic landscape of the country. He not only violated human rights, but also curtailed any form of freedom. Because of this, violence and corruption became rampant and had escalated in Philippine society. Its remnants continue to haunt us each passing day.

When Marcos “lifted” Martial Law on 17 January 1981, his regime continued to repeatedly commit human rights violations in the guise of stopping subversion and in the name national security until 1986. This situation reached a boiling point when the Filipino people - the people he oppressed, revolted against him. With his will to usurp power, he declared an unwarranted snap election that put into power then housewife of slain statesman Sen. Benigno Aquino Sr., Mrs. Corazon C. Aquino, in 1986.

When Ferdinand Marcos and his family fled from the Philippines following the dramatic overthrow of his regime on February 25, 1986, he left behind voluminous documents that would later reveal what now is known as the infamous Marcos hidden wealth. The documents later unmasked the magnitude of the incredible tale of corruption and plunder.

It was said that corruption of this magnitude happened only in Latin American countries . Until Ferdinand Marcos came along , the top “kleptocrats” were Latin American dictators like Rafael Trujillo of the Dominican Republic, Juan Peron of Argentina, Fulgencio Bautista of Cuba, Marcos Perez Jimenez of Venezuela and Miguel Aleman of Mexico. Ferdinand Marcos led the Asian epidemic of graft and corruption. It is reported that the fortune the five political leaders illegally stole from their respective countries was much lower than Marcos' allegedly amassed wealth in his twenty one -year rule (1965-1986).

Marcos' Wealth Accounted For

The beginning of the Aquino government was the start of the long and winding road in the search for the hidden wealth of the Marcoses and his cronies. With the creation of the Presidential Commission on Good Government (PCCG), Marcos' hidden wealth was accounted for. From the document which the Marcoses left before they were exiled to Hawaii, the Aquino government was aghast at how the First Family and its cronies crippled the Philippine economy.

The New York Times has named the Marcos empire of gold, oil , land and cash. After the 21-year rule of the Marcoses, his estimated net worth is $5 to $10 billion dollars which up to now is unaccounted for or has yet to be recovered by the Philippine government.

The Supreme Court Decision

The Supreme Court, in its 100-paged en banc decision, declared the wealth of the Marcoses as ill-gotten on 15 July 2003. The decision became final on 18 November 2003. The Supreme Court ordered the $ 683 million ( PHP 36 billion ) in Swiss bank accounts to be deposited in an escrow account to the Philippine National Bank (PNB). The process started when the Supreme Court direct the Sandiganbayan to follow the ruling on Nov. 18, be transferred to the Philippine National Treasury.

The Justice Department said the Swiss authorities approved the handing over to the Philippine government of the $683 million stashed in Swiss banks by the late Ferdinand Marcos.

The Swiss Federal Supreme Court in 1997 and 1998 transferred the money that was found in Swiss bank accounts owned by the Marcoses to an escrow account in the Philippine National Bank (PNB). At that time, the amount totaled over $300 million dollars. Over time, the interest earned bloated the funds to $683 million.

The Swiss Court imposed two conditions on the Philippine government before the money could be turned over. First, the Supreme Court of the Philippines had to decide on the ownership of the funds and, second, a portion of the money was to be allocated to the victims of human rights abuses during martial law.

Consequently , the government allocated a portion of the P10 billion ( $ 200 million ) of Marcos wealth for victims of human rights violations. The money is being sought by 9,539 list of victims who won a class suit against the Marcos estate before the Federal Court of Hawaii in 1994.

The release of funds is a historic victory for the Filipino people after 17 years of injustice . Human rights violations committed by his dictatorship -like the plunder perpetuated by the First Couple and his cronies still elude justice. Victims of human rights abuse during the Marcos regime and the Presidential Commission on Good Government lauded Switzerland's decision to release the money that the Marcoses stashed in Swiss banks.

Compensation Bill Crafted for Human Rights Victims

At the House of Representatives, Speaker Jose de Venecia, through the Civil, Political and Human Rights Committee chaired by Rep. Loretta Ann P. Rosales approved House Bill 4535 - Human Rights Compensation Act of 2004, a joint bill authored by anti -Marcos activists led by Representatives Loretta Ann Rosales, Satur Ocampo, Crispin Beltran and Liza Masa.

Meanwhile, its Senate counterpart Senate Bill 1877 or the Human Rights Compensation Act races against time for approval. As the sessions has already adjourned, the Senate Committee on Justice and Human Rights Chair Senator Joker Arroyo will have to wait until after the May election when sessions shall resume.

Senator Aquilino Pimentel Jr., sponsor of the bill, told fellow colleagues to pass the bill soon so that at least during their (victims) lifetime, those who survived torture and other brutalities of martial rule will somehow get a recompense for all their sufferings.

In a telephone interview, Cong. Rosales said that congress will resume on May 24, 2004 and the Senate Committee on Justice and Human Rights have one week to discuss their version of the bill. Basically, chances of passing the bill are very slim.

Rosales added that if the bill is passed into law, it would be a breakthrough and historical since it would be the first in Asia. The bill if passed would enhance Philippine legislation. Given the risk that the Senate committee fails to pass the bill, they have to start all over again during the 14th Congress.

Party-list Loretta Ann Rosales, a martial law victim herself and other prominent human rights victims of the martial law are waiving their claims to compensation under the Human Rights Compensation Act of 2004 which was approved by the House of Representatives. Senator Pimentel along with Senator Joker Arroyo and Vice President Teofisto Guingona along with other famous martial law victims waived their right to seek compensation despite being imprisoned during martial law.

When enacted into law, the compensation bill will amend the Comprehensive Agrarian Reform Law under which all recovered property of the Marcoses must go to the government's agrarian reform program.

Under the bill, the compensation to be given to each victim written in the manifest will be tax - free. If the victim has died, the spouse, the children or parents will receive the money.

The Arroyo administration said the measure would set aside PHP 10 billion about ( $200million) of the $683 million confiscated from the family of the late dictator Ferdinand Marcos, in an effort to “correct” the injustices suffered by the victims of the martial law.

President Arroyo certified the measure as urgent and limits the claimants to martial law victims by confining the compensable period between 1972 to 1986.

Note:
The information contained in this document is derived from the news reports from the Philippine Daily Inquirer 2003-2004, Politics of Plunder by Belinda C. Aquino, papers from the Senate Committee on Justice and Human Rights and Interviews from the Committee on Civil, Political and Human Rights of the House of Representatives. It is the research of the author and does not necessarily represent a unified view of the said agencies.

 

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