IN 2013, President Aquino signed Republic Act 10368 into law. The purpose of this Act was to compensate martial law victims for the horrendous depredations they suffered under martial law (1972-1986). A points system was installed according to the seriousness of the cruelty to which they were subjected. A fund of P10 billion was earmarked. This fund was to be divided, via the points system, amongst those whose claims were adjudged to have merit.
These claims were made during 2014.
Between 2014 and this year the claims were evaluated and investigated by the Human Rights Victims’ Claims Board. It is reported that payments have been received since May 11, 2018.
Some claimants made their own representations, whereas other hired lawyers. Amongst the latter were several victims from Negros Occidental who obtained the services of Atty. Rey Gorgonio of the Torrecampo and Gorgonio Law Offices.
In a letter published in Panay News last week, Atty. Gorgonio mentioned that he settled with his clients to charge a “measly” 20 percent of any payout they received. He also said his clients were awarded “many millions of pesos” from Human Rights Victims’ Claims Board.
The 20 percent of P1 million is P200,000. “Many millions” means fees of P200,000 multiplied by how many is many. Not so measly.
It is reported that some of Atty. Gorgonio’s clients have paid but some have not. Those who have not were rapidly on the receiving end of a demand letter from Atty. Gorgonio. Would it have been a good idea if a friendlier tone were adopted, at least initially?
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Around the same time as the passage of Republic Act 10368, Vilma Bautista, an aide of Imelda Marcos, sold an artwork by the French Impressionist painter Claude Monet entitled “Waterlilies”. The painting fetched $43 million (P2.15 billion) at auction. After deductions imposed by the auction house and others, Ms. Bautista obtained $32 million.
The buyer of the painting, Alan Howard, a British citizen living in Switzerland, paid an additional $10 million to Robert Swift, a Hawaii-based attorney representing, initially 7,539 Filipino clients who allegedly suffered during the Martial Law era.
Swift, also operating on a contingency fee basis, reportedly received 33 percent [$3.3 million]. Swift has since tried to contact his clients but it is not clear how many he reached and how much they received. Between them, they are due $6.7 million.
Does Howard have good title to the painting? Its previous acquisition, via Imelda Marcos, perhaps using funds obtained illicitly, is doubtful. Has Howard obtained agreement from the Presidential Commission of Good Government (PCGG) that it waives any claim over the artwork? If so, does Andres Bautista, PCGG’s chairman at the time of the painting’s sale, have any involvement?
I think we should be told./PN
