Second letter to Chairman Gunigundo
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Domingo & Dizon
Lawyers

March 31, 1998

Hon. Magtanggol Gunigundo
Chairman
Presidential Commission on Good Government
Mandaluyong City

Dear Chairman Gunigundo:

This is in response to your letter to Claimants 1081, Inc., dated March 27, 1998, which was referred to us by Ms. Etta P. Rosales for appropriate reply.

It will be recalled that when you discussed with me in your office, in the presence of my co-counsel on March 11, 1998, the draft of the now controversial provisions of Art. 5 of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law Between the Government of the Republic of the Philippines and the National Democratic Front of the Philippines (the "Agreement"), you categorically assured us that the provision on "representation by power of attorney" will be deleted or omitted from the Agreement, as in fact you wrote on the side of the pertinent paragraph the word "omit." In that meeting, you also acknowledged that the legal representatives of the victims are none other than Atty. Robert A. Swift and his co-counsels who were duly appointed by the US District Court as counsel for the class plaintiffs.

Your position now that "the duly authorized representatives of the victims do not exclude Atty. Robert Swift nor do they exclude any other legitimate claimants" is certainly shocking and a classic example of NDF duplicity. By stating that "the duly authorized representatives…do not exclude Atty. Robert Swift" you are on the same breath actually and clearly saying that the duly authorized representatives also include persons other than Atty. Swift. Very neat, indeed.

Also, who are the "other legitimate claimants"? Well, these now include persons who NEVER filed any claim with the US Court? And who will determine whether or not such "claimants" are legitimate? The NDF?

The GRP and the NDF certainly have a cute act going. Neither one has lifted a finger to assist the class plaintiffs. But after the unprecedented Judgment granting the class plaintiffs damages amounting to more thant US$2B, both are now salivating to get their hands on the Marcos Swiss deposits, which should properly, equitably and justly belong to the class plaintiffs.

It is clear that your "understanding" of Art. 5 is tilted and deliberately made to accommodate the shameless NDF. We assure you that the victims of the Marcos human rights abuses will never allow this distorted understanding to prevail.

And if the dictates of your conscience will prevail, we trust that you will see your way through rendering the martial law victims the JUSTICE that has long been denied them by your Office and the Ramos government.

Very truly yours,

(Sgd.)

Rod C. Domingo, Jr.

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