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Sunday, September 07, 2003
DFA urged to file protest over Hawaii ruling
MANILA -- The Department of Foreign Affairs (DFA) was urged to file a diplomatic protest with the United States government on the flawed ruling of Judge Manuel Real of the district court in Hawaii that prevents the transfer of the $683 million Swiss bank deposits of the late President Ferdinand Marcos to the Philippine government.
Sen. Aquilino Pimentel said the DFA should immediately call the attention of the U.S. government by filing a formal protest to inform them that the Philippine government is not convinced and satisfied with the ruling of the Hawaii district court that overturned the ruling of the Supreme Court last July 15.
Pimentel also branded Real's ruling as the "height of impertinence," arguing that a foreign court should not encroach on the judicial system of a sovereign country like the Philippines.
"You can call it gross impertinence for a district court of Hawaii to presume that it can overrule the ruling of our Supreme Court. I would suggest that the DFA should file a formal protest if only for the record and for our people to reject it (ruling)," he said.
Pimentel also said Real's ruling, if not ignored by the government, would lead to a drastic revision of the proposed P864 national budget since this already includes a huge portion of the $683 million or P38 billion Marcos funds that would go to the National Treasury.
He added that the human rights claimants who filed a case with the Hawaiian court should reject Real's ruling because it would only delay the release of the damage compensation to them.
It can be recalled that on July 15, the Supreme Court ruled that the $683 million held in escrow at the Philippine National Bank was ill-gotten and should be forfeited in favor of the Philippine government.
Senate Majority Leader Loren Legarda expressed hopes that the issue on whether the Philippine Supreme Court or a US district court should have the final say on the Marcos deposits would be resolved immediately for the satisfaction of all concerned.
According to Legarda, it is up to the Philippine government to assert its jurisdiction over the funds that apparently originated from the Philippines and, as such, should be disposed off according to the laws of our lands.
"I believe we are not lacking in experts in international law that could represent well our position before any international body," the lady solon said.
She described the issue as one that should be studied thoroughly for they have very serious implications. Sunnex Luzon
(September 7, 2003 issue)
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