The victims of serious violations committed by the Marcos regime brought an action for
damages in the United States in 1986. After obtaining a favourable judgment before the US
courts in 1996, the victims sought to enforce the judgment in the Philippines. However,
enforcement has been significantly delayed on the technicality of court fees. The victims
challenged these delays before the UN Human Rights Committee, which adopted its views
on the case in April 2007. It set out the facts as follows:
“2.5 On 20 May 1997, five class members, including the third author, filed a complaint
against the Marcos estate, in the Regional Trial Court of Makati City, Philippines, with
a view to obtaining enforcement of the United States judgment. The defendants
counter filed a motion to dismiss, claiming that the PHP 400 (US$ 7.20) paid by each
plaintiff was insufficient as the filing fee. On 9 September 1998, the Regional Trial
Court dismissed the complaint, holding that the complainants had failed to pay the
filing fee of PHP 472 million (US$ 8.4 million), calculated on the total amount in
dispute (US$ 2.2 billion). On 10 November 1998, the authors filed a motion for
reconsideration before the same Court, which was denied on 28 July 1999.
2.6. On 4 August 1999, the five class members filed a motion with the Philippine
Supreme Court, on their own behalf and on behalf of the class, seeking a
determination that the filing fee was PHP 400 rather than PHP 472 million. By the
time of submission of the communication to the Committee (11 October 2004), the
Supreme Court had not acted on this motion, despite a motion for early resolution
filed by the petitioners on 8 December 2003…
4. On 12 May 2005, the State party submitted that the communication is inadmissible
for failure to exhaust domestic remedies. It submits that, on 14 April 2005, the
Supreme Court handed down its decision in Mijares et al. v. Hon. Ranada et al.,
affirming the authors' claim that they should pay a filing fee of PHP 410 rather than
PHP 472 million with respect to their complaint to enforce the judgment of the United
States District Court in Hawaii. The State party denies that the authors were not
afforded an effective remedy.”167
The UN Human Rights Committee found that the length of proceedings in the case of
enforcing the US judgment had violated the right to equality before the Courts and the right to
an effective remedy:
“the Committee recalls that the right to equality before the courts, as guaranteed by
article 14, paragraph 1, entails a number of requirements, including the condition that
the procedure before the national tribunals must be conducted expeditiously enough
so as not to compromise the principle of fairness. [footnote omitted] It notes that the
Regional Trial Court and Supreme Court spent eight years and three hearings
considering this subsidiary issue and that the State party has provided no reasons to
explain why it took so long to consider a matter of minor complexity. For this reason,
the Committee considers that the length of time taken to resolve this issue was
unreasonable, resulting in a violation of the authors' rights under article 14, paragraph
1, read in conjunction with article 2, paragraph 3, of the Covenant.”168
167
Pimentel et. al. v. The Philippines, paras.2.4, 2.5., 2.6. and 4.
168
Ibid., para.9.2.
36
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