Enforcement of Hawaii Class Suit Decision vs Marcos Phil Assets -1997

In 1997 , a class suit filed  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.

The Makati City Regional Trial Court dismissed the complaint on 28 September 1998 holding that a filing fee of Php 472 million (USD 8.4 million) had not been paid. The Court reasoned that the filing fee must be based on the amount of the Judgment, which with interest totaled USD 2.2 billion. Supreme Court Administrative Circular No. 7 requires the filing fee.

The case was elevated to the Supreme Court of the Philippines. It not only failed to act on the petition for six years but also promulgated judgment in favor of the Republic against the Marcos Estate in a forfeiture action and directed enforcement of that judgment for over USD 650 million even though that appeal from the Sandiganbayan decision was filed over two years after the petition for certiorari of the Makati Court’s dismissal with the Supreme Court being fully aware of the competing claim of the human rights victims.

(PDF copy of ROP Enforcement Complaint 1997)

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