Martial Law Victims Insulted by Exclusion from List of Compensation Claimants

Out of the 9,539 original complainants in a class action suit filed against the late dictator Ferdinand E. Marcos, only 7,526 victims would receive compensation. “Are they telling us that we are not genuine victims? Where is justice for us?” said martial-law victim Carlos Bolito, 60, after learning he was not included in the list of claimants.

By RONALYN V. OLEA
Bulatlat.com

MANILA — Jose “Bong” Barsoles, 59, who was tortured and detained during martial law, went to the Commission on Human Rights (CHR) compound in Quezon City on March 1 to get his share of the compensation awarded by the Federal District Court of Hawaii to the victims of martial law who filed a class action suit against the late dictator Ferdinand E. Marcos.

But after patiently waiting for his turn, Barsoles was told that he is not included in the master list of claimants. Surprised, he told the person issuing the claims that he was among the original petitioners in the class suit. He was then asked to fill out a form and was told to wait for further notice.

Barsoles was among the more than 2,000 victims of martial law whose names have been delisted from the original list of petitioners. On Feb. 28, some of the victims received $1,000 each during ceremonies at Club Filipino in San Juan City. Out of the 9,539 original complainants, only 7,526 victims would receive their cheques.


Martial-law victims and families of those slain during the Marcos dictatorship wait for their turn to get compensation. Others, including those who joined the class suit, were not in the list. (Photo by Ronalyn V. Olea / bulatlat.com)

The compensation came from the $10-million settlement agreement by Marcos crony Jose Campos, which was approved by United States District Judge Manuel Real. While the estimated value of Marcos’s ill-gotten wealth in Colorado and Texas is pegged at $78 million, the counsel for the martial-law victims Robert Swift settled for only $10 million. Twenty-five percent of the amount was given to Swift and his team of researchers and only $7.5 million were allotted for the victims.

“In general, we welcome the distribution of the compensation as it symbolizes our victory, although the victory is still incomplete,” Fr. Dionito Cabillas, secretary-general of the Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (Selda) told Bulatlat.com. Cabillas said the Selda leadership is dismayed that the number of victims who are entitled to compensation has been reduced.

In 1986, Selda led the filing of a class suit against the Marcoses in Honolulu, Hawaii, where the former dictator and his family fled during the people’s uprising at Edsa. In 1995, the Federal Court of Hawaii found Marcos guilty of grave human-rights violations and awarded $2 billion in compensatory damages to the victims. There were 9,539 complainants in the class suit against the Marcoses.

In 1998, the Swiss government transferred $640 million to the Philippine government. The Philippine Supreme Court ordered its transfer to the national treasury in 2003. Under the Comprehensive Agrarian Reform Law (CARL), all sequestered assets from the Marcos family would be utilized for the implementation of land reform. The Hawaii court ruled that a portion of the amount must be allocated to the victims, but a compensation law would have to be passed by Congress.


Lawyer Robert Swift tells a group of martial law victims that they are ineligible for compensation. (Photo by Ronalyn V. Olea / bulatlat.com)

In an interview with Bulatlat.com, Swift said the complainants who failed to satisfy the requirements needed by the court were not eligible to receive compensation. Of the 9,539 class members, Swift said only 7,526 are eligible. “They did not satisfy the requirements,” Swift said.

Unfair

Cabillas said Swift’s statement is unfair. “He was the one who submitted the names to the court. The Hawaii court already ruled that the 9,539 victims are eligible for compensation. They had submitted the requirements. Even now, they can produce documents,” Cabillas said.

Cabillas said that in October last year, Selda leadership wrote to Swift asking for a dialogue but the latter ignored their letter, according to Cabillas.

“Does he know the hardships these victims went through? Is this not saddening?” Cabillas said.

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7 Comments - Write a Comment

  1. Sir, please check the name Datu Pagal Ala if he is in your master list tanks

  2. please check the name ROGELIO S. MALLARI if he is in the list. i’m his wife and widow of mr. mallari. thanks

  3. SIDE SHOW AFTER NDFP-GRP PEACE TALK

    With end of NDFP-GRP peace talk (Feb. 22) there was a side show “claimants of Martial Law victims will received compensation”. After 25 years, recipient are old, sickly or dead. the compensation $1,000 that is said to be coming from compromise deal.
    What crime has Marcos made in America? Why he is treated in fact as VIP as well as his company.
    There is a saying among the Filipinos, “pera pera lang”. For bounty hunter US Atty. Swift and Co. lots of money in class suit.
    I remember who where the claimants. I thought they all jump into a ‘set up’ by the CIA. The fact of class suit protect the crime of Marcoses like the “Agrava Commission”. It is a farce in the name of giving justice.
    How come a compromise of $2 billion granted by US Fed Court becomes $10 million and from it deducted further by $2.5 as attorneys fees?
    Swift and Eta are incharge who should receive and who should be bared. How could justice be serve by them?
    A bad thing can still become good as well as a farce can still become truth. Here is a tip, Eta Rosales has long ago join Swift Co. Now Eta as CHR secretary could well prove to be Pnoy’s “Achilles Hill”.
    The main show is revolution on International Level as well as “Peace Talk” on the local level. Opinion in the world is divided to pros and cons

    “Down with Eta-Swift Co.”. “Long live the Revolution!”. #.# PAS VM MARCH 1ST, 2011

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