US judge orders transfer of settlement proceeds to martial law victims
MANILA, Philippines — The United States Federal Court in New York ordered the release of $13.75 million (around P715.48 million) to be distributed to victims of human rights violations during the martial law regime.
"There was no hesitation by the judge in ordering the transfer of funds. She was intimately involved in negotiating the settlement and knew the authority of each of the parties," American lawyer Robert Swift, counsel for 9,539 human rights victims that won the class suit against the Marcoses in Hawaii, said in a release.
He said that distribution of $1,500 (P78,052) to each eligible claimant will begin on May 1 in Butuan. There will be sequential distributions in 15 other cities in May, June and July.
“I will send eligible class members letters advising them where and when they may come to receive a check,” Swift said.
“Most of the class members are poor and in need of this money for food and medications. Many of the victims of the human rights abuses are dead so the money will provide needed assistance to their families,” Filipino lawyer Rod Domingo said.
The settlement would divide some $20 million that came from the proceeds of the sale of high-value artworks seized from Vilma Bautista, aide of former First Lady Imelda Marcos. Under the agreement, human rights victims will get $13.75 million, while the Philippine government will get $4 million.
A third party, the Golden Buddha Corp. and the estate of Roger Roxas that allegedly discovered the Yamashita treasure, would also get portions of the proceeds.
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Solicitor General opposes move
The Philippine government through the Presidential Commission on Good Government approved the settlement but failed to get the approval of the Office of the Solicitor General found the terms “grossly disadvantageous to the government.”
The STAR reported the decision not to proceed with the settlement was later unanimously approved by lawyers from the OSG, PCGG and the Department of Justice.
The PCGG said the government would instead pursue its claim to all of the recovered properties of the Marcoses through cases filed before the Sandiganbayan.
“The Republic’s OSG sought to kill the settlement and prevent a distribution to human rights victims. However, Judge [Katherine Folk] Failla found that the Republic’s New York attorney had actual and apparent authority to bind the Republic to the settlement,” Swift said. — Gaea Katreena Cabico with reports from The STAR/Janvic Mateo
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