Hilao
Hilao v. Estate of Marcos
Opinion
Lead Opinion
Fletcher, J.
These appeals concern whether a United States court properly enjoined the Republic of the Philippines from entering into agreements with the Estate of former Philippine President Ferdinand Marcos to transfer to the Philippines assets of the Estate that the Republic asserts were looted from the Philippines treasury. The plaintiff class (“Hilao”), a group of 10,000 people who allege that they or their relatives were tortured or executed by Marcos, was awarded almost $2 billion in damages from the Estate in federal district court in Hawaii. Hilao sought the injunction to protect the Estate’s assets in order to enforce its judgment.
On appeal, the Republic claims sovereign immunity, asserts an Act of State defense, and contends that the district court erred in designating it an aider and abettor of the Estate.
We have jurisdiction over the appeal from the preliminary injunction under 28 U.S.C. *542 § 1292 (a) and over the appeal from the permanent injunction under 28 U.S.C. § 1291 . We hold that the Republic is entitled to sovereign immunity.
BACKGROUND
Shortly after being deposed as president of the Philippines in February 1986, Ferdinand Marcos (“Marcos”) and his wife Imelda…