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Wednesday, September 10, 2003
Allow Marcos foundations to distribute escrow: SC asked
By Benjamin B. Pulta
FORMER guerilla leader Luis Taruc on Tuesday asked the Supreme Court (SC) to allow the Marcos foundations to provide direct financial assistance to the suffering people, through the immediate use of the US$683 million, apparently in accordance with the handwritten will of President Ferdinand E. Marcos on April 9, 1973.
Taruc, in a statement, said the immediate use of the US$683 million free from legal niceties, arising from confiscation, will defuse the revolutionary situation.
Wheelchair-bound, Taruc was accompanied to the SC by known Marcos lawyer Oliver Lozano in filing the 2-page manifestation signed by "civic leaders."
"I appeal to President Arroyo to lead a reconciliation summit rather than a political summit of trapos," the statement signed by Taruc and distributed to reporters said.
The statement also had surreal references to "Christ's assurance of death for Maria Magdalena" and urged people "to unite and save Maria Makiling from the trapos."
The former leader of the World War 2-era Hukbo ng Bayan Laban sa Hapon (Hukbalahap) and founding member of the Partido Komunista ng Pilipinas PKP), the Marxist-Leninist precursor of the Maoist Communist Party of the Philippines (CPP), said the money being held in escrow should not be termed as "loot" or "ill-gotten" but should instead be called as "hidden wealth."
Arroyo earlier said a foreign court could not overturn the decision of the Supreme Court as that would violate the sovereignty of the country.
"It is important to stress this principle of sovereignty as the supreme welfare of our people is at stake in this issue. To invoke a foreign court's decision to enforce Philippine policy or jurisdiction is absurd and a travesty of justice itself," she said.
US District Court of Hawaii Judge Manuel Real, in a two-page decision, said the July 15 decision of the Supreme Court forfeiting the escrow "violates any elementary international sense of due process."
He added any attempt to transfer the funds would be in contempt of his resolution ordering a "permanent injunction of worldwide scope" on the transfer of any assets belonging to former President Ferdinand Marcos or his estate.
Justice and judiciary officials had said the United States court could not validly order the barring of the transfer of the Marcos assets anywhere in the world.
"The US Supreme Court has no jurisdiction over us, much less the lower court," SC Public Information Office Spokesman Ismael Khan said.
"No district court of another jurisdiction of another country can say that our court's decisions are wrong," another official, Solicitor General Alfredo Benipayo, pointed out.
Presidential spokesman Ignacio Bunye said the President would leave the issue in the hands of the Supreme Court, which is independent of the executive branch, and the Presidential Commission on Good Government (PCGG), which is in charge of Marcos wealth issues.
On the admission of the Marcoses that they have filed a petition preventing the enforcement of the Supreme Court decision, Bunye said that is the right of the former First Family and they would respect whatever decision the Supreme Court would mete out.
In one of his orders dated September 2, Real said: "The (Hawaii) Court concludes due process by any standard was not afforded in the ruling of the Philippine Supreme Court setting aside its own rules of evidence and procedure to render its judgment (in connection with the forfeiture proceedings)."
"Its judgment is entitled to no respect or deference by this (Hawaii) Court and none is given," Real said.
Real pointed out that the Republic of the Philippines can no longer claim that the US court has no jurisdiction over it as far as the Marcos wealth is concerned since it (Philippines) "has been directly involved in the litigation before this (Hawaii) court because of its (Philippine government's) claim of entitlement to funds totaling more than US$682 million and related funds in connection with a proceeding currently pending in the United States District Court of Hawaii as well as in the settlement process that led to this court's compromise judgment of April 29, 1999."
Under the original Real ruling, among those who will receive money from the Marcoses are National Democratic Front chair Jose Ma. Sison, Judge Priscilla Mijares, the wife of erstwhile Marcos publicist Primitivo who, along with his son Luis Manuel, was a victim of summary execution. Likewise named beneficiaries were movie director Joel Lamangan and administration congressman Etta Rosales.
(September 10, 2003 issue) |
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