Hilao

Hilao v. Estate of Marcos

Good Law
25 F.3d 1467
United States Court of Appeals for the Ninth CircuitJune 16, 1994No. 92-15526California7,630 words

Opinion

Lead Opinion

Tang, J.

Opinion by Judge TANG.

OVERVIEW

Defendant Estate of Ferdinand Marcos (“the Estate”) appeals from the district court’s order preliminarily enjoining the Estate from transferring, secreting or dissipating the Estate’s assets “pendente lite. On this interlocutory appeal, the Estate also challenges the district court’s subject matter jurisdiction under the Foreign Sovereign Immunities Act and Alien Tort Act, claims that the plaintiffs do not state a cause of action, and contends that any cause of action abated upon Marcos’ death. We have jurisdiction and affirm.

*1469 BACKGROUND

During Ferdinand Marcos’ tenure as President of the Philippines, up to 10,000 people in the Philippines were allegedly tortured, summarily executed or disappeared at the hands of military intelligence personnel acting pursuant to martial law declared by Marcos in 1971. Military intelligence allegedly operated under the authority of Marcos, General Fabian Ver, and Imee Marcos-Manotoc (Ferdinand Marcos’ daughter).

Marcos, his family, Ver and others loyal to Marcos fled to Hawaii in February, 1986. One month later, a number of lawsuits were filed against Marcos, Ver, and/or Imee Marcos-Manotoc, claiming that…

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