March 10, 1998

Hon. Magtanggol Gunigundo
Chairman
Presidential Commission on Good Government

Mandaluyong City

Dear Chairman Gunigundo:

Newspaper items today and in the past few days reported that your goodself is now discussing with the communist rebel group, the National Democratic Front (NDF), which is alleged to be "acting on behalf of the many victims" of the human rights abuses of the Marcos regime. The discussion is reportedly for the purpose of arriving "at a formula where there can be a sharing of the $540M with the human rights victims."

We wish to set the records straight.

As we have informed the Secretary of Justice, Hon. Silvestre Bello III, in our letter to him of February 13, 1998, a copy of which was furnished you, only the US Court-appointed counsel for the class plaintiffs, Mr. Robert A. Swift, and no one else is authorized to negotiate on behalf of the class in the Marcos human rights litigation. For ready reference, we attached herewith a copy of said letter. The NDF is not and has never been authorized by the US District Court in Hawaii to represent, much less to negotiate any settlement of the human rights litigation in behalf of the 9,539 Filipino members of the class. Neither has any person or entity, other than Mr. Swift, been granted such authority by the District Court.

Moreover, your goodself has already acknowledged expressly and in writing that Mr. Swift is in fact the only authorized person to act in behalf of and/or to represent the class plaintiffs aforesaid.

Your reported discussion with the NDF, if true, on the planned "sharing of the $540M" is, to say the least, shocking. The NDF never participated in the prosecution of the Marcos human rights litigation. The lawyers of the class plaintiffs therein prosecuted said case against all odds for the last twelve (12) years, spending their own funds and resources, until victory was achieved. The judgment rendered by the US District Court is now final and executory, without any participation of the NDF. Why should our government now negotiate with the said communist rebel group which, as we had already emphasized, is "using the compensation for the judgment we obtained on behalf of the class as fodder for that peace treaty"?

We trust that your goodself will not place the compensation for the judgment we obtained in behalf of the class plaintiffs in jeopardy. Any action of the Philippine government disregarding said judgment will have international repercussions. We intend to hold all those who will participate in such action responsible for the consequences thereof. Any agreement with the NDF on the matter, without the participation of the Court-appointed counsel and the subsequent approval thereof by the US District Court, will never settle the said judgment. Said agreement will be an exercise in futility and will serve no useful purpose.

We expect that appropriate actions will be taken by your office to protect the interests of the class plaintiffs.

Thank you.

Very truly yours,

(Sgd.)