Class Suit

I.  Introduction

The Marcos human rights litigation is a class action lawsuit filed on behalf of 9,539 Filipinos who were tortured, summarily executed, or disappeared during the Marcos dictatorship.This was filed in 1986 in the United Stales pursuant to the Alien Tort Act. The US court had jurisdiction over Marcos at that time because he had fled to Hawaii and therefore was in US territory. Conversely, the Philippine court had no jurisdiction over him at that time for the same reason. ( Read More…)

II. Hawaii Class Suit Victory 1986-1997

Maximo Hilao et al versus Estate of Ferdinand E Marcos, 910 F Supp 1460 (D Haw 1995) (No 86-0390), a class suit civil case for damages for torture, summary execution, disappearances and illegal detention of over 9,539 Filipino complainants,  was filed before the United States courts in April 1986, … (Read More)

III. Failed Negotiation Compromise Agreement on the Class Suit  1995

In September 1995, the Class Suit Counsels  attempted to negotiate a three-party settlement with Marcos family and the  Estrada Administration…. (Read More) 

IV.  Swiss Court Forfeited And Escrowed Marcos Accounts 1997

The bulk of the recovered ill-gotten wealth comes from the Swiss accounts that the Swiss Federal Supreme Court froze in March 1986 and declared forfeited in 1997..(Read More)

V. Local Filing  of Enforcement Case of Hawaii Court Award  thru Phil Courts 1998

In 1997 , a class suit filed  with the Regional Trial Court of Makati City, Philippines entitled Priscila Mijares v. Estate of Marcos Civil Case No. 97-1052, wherein the human rights victims sought the enforcement of the Hawaii award by collecting the money judgment on Marcos properties with the aid of Philippine courts…(Read More)

VI. UNCHR Prompt Phil Supreme Court on Enforcement of  Hawaii Award : 2004

In 2004, the case of Mariano Pimentel, et al. versus Republic of the Philippines, was filed before the United Nations Human Rights Committee.           The UNCHR complaint arose from a class suit filed in 1997 with the Regional Trial Court of Makati City, Philippines entitled Priscila Mijares versus Estate of Marcos Civil Case No. 97-1052, wherein the human rights victims sought the enforcement of the Hawaii award by collecting the money judgment on Marcos properties with the aid of Philippine courts….( Read More)

VII. Campos Out of Court Settlement 2010

More recently, alleged Marcos ill-gotten wealth amounting to USD 80 million has been traced to the United States. The class suit involves a 520-acre real property in El Paso County in Colorado and a total of 4,178 acres in seven pieces of real property, all in Tarrant County in Texas. The Marcos ill-gotten wealth recovery cases were separately filed with the US District Courts for the Northern District of Texas and the US District Court of Colorado….(Read More)

VIII. US Courts Finally Favors Ph Govt vs HR Victims Claims On Arelma  2012

In June 2012, the New York Court of Appeals upheld the New York State Appellate Court decision a year earlier which held that the case of Swezey (representing the class of human rights victims) v. Merrill Lynch, et al, cannot proceed without the participation of the Republic of Philippines, making reference to the Philippines’ Supreme Court ruling that the Arelma assets belonged to the People of the Philippines and should be returned to them…(Read More)

IX. Singapore High Courts Favors Ph Govt vs. HR Victims Claim  2012

In a Decision dated 10 August 2012, the Singaporean High Court dismissed the human rights victims’ claim “since the Chinn Assignment, which they seek to rely on, failed to transfer title in the Funds to them under Swiss law. On the other hand, the PNB claim, which acquired legal title to the Funds via the Escrow Agreements is allowed… (Read More)

X. Our History Must be Recorded Accurately

 All past Philippine administrations since the overthrow of the Marcos Regime , have failed to indemnify the victims. In a press statement in November 2011, President Benigno Aquino promised to work toward indemnification. But it has so far remained a promise…(Read More)

3 comments on “Class Suit

  1. MERRY MERRY CHRISTMAS TO CLAIMANTS 1081, to Bob Swift, to Rod Domingo, to all other claimants as beneficiaries in the Human Rights Compensation bill which will now be approved into law, I hope, this 15th Congress! And to the readers of this website, we encourage your participation that we may continue to improve on it step by step. Again, a JOYOUS CHRISTMAS TO ALL AND A PROMISING NEW YEAR! Etta P. Rosales, currently Chair of the Commission on Human Rights

  2. Have a good day,, i am esmail not abas, one of the marcos victim during 1976 of october,i and my father, abas m. kusa, arrested and captured by 38th IB,phil. army. at buayan, datu piang, maguindanao,,and i received the notice year, 1999 and 2011, but our name in the master list did not appear..,, may i have the honor to follow my file in your good office… i am the true victim and claimant of my name and my father’s name.. any help and advise is my highly glad.. thank you and more power.. this is the name and address, contact number of my trust person:

  3. to all claimants good day, i am also the one of the marcos victims in year 1982 ,arrested in davao city,i herd that thers un honor to all claimants,,,,,pero hinahanap ko ang pangalan ko sa listahan ng HRVV at wala ako dun ,ano ba dapat kung gawin para malaman ko,,,salamat po at magandang hapun,pedro lopez

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