Marcos

Marcos v. Gonzales

Good Law
United States Court of Appeals for the Ninth CircuitJune 8, 200502-73968California4,582 words

Opinion

Opinion

I. Facts

Marcos, a native and citizen of the Philippines, worked as a medical technician for the Red Cross in Laoag City in the Philippines from July 1979 to June 1996, when he fled to the United States. Marcos owned an amateur or “HAM” radio, and in 1984 he joined the Philippine military’s Civilian Home Defense Forces as a volunteer radio operator. He became vice-president of operations of the Regional Emergency Assistance Communication Team. Over his radio, Marcos reported any sightings of New People’s Army (“NPA”) mem- bers to the Philippine military.2 Because the NPA knew the military’s radio frequency and could listen to their broadcasts, Marcos used a security code to identify himself to military officials while shielding his identity from the NPA. In 1988 and 1989, the NPA made general threats over the radio “stat- ing that they were going to kill members of the Civilian Home Defense Forces . . . .”

In 1990, however, the NPA discovered Marcos’s name and identity when one of Marcos’s crew members lost his car, along with a list of radio operators’ names and security codes.3 Marcos then began receiving personal threats from the NPA over the radio. He testified that he…

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