! eEMORY,TRUTHE TELLING AND THLE PURSUYT OF JUSTICE 73.There i evidence suggving that the minister of defense and some tnftary meribers of hie security group in the Ministey of National Fens had planed x coup aginst Marcos. Its discovery by Marcos in gence people and their impending ares forced the minister and his SF conspirators deca Ramos, who cast bis fot with Minister Ene, par ad no hand in ‘the preparation ofthe abored cop, 74 See the National Citizens Movement for Free Elections, “The NAMBREL Reperton the February 7, 1986 Philppine Presidential Elec fone (lop) NAMEREL [1986)),p 75.A nationwide survey last May 1986 densified “people power” a the popula explanation fr legitimizing, Aquinas goverment. The respon tents identified people power” (67%), the president elections uf Feb fy. 1986 (14), and suppor by the military (68) as the factors leii= ‘nuting the present government, Se Felipe B. Manda "The May 1986 Dubie Opinion Report A Poliical Analysis” in Arenco-Socal Weather ‘Stations, Public Opinion Report (Quezon City: Ateneo de Marila ane Social Weather Stations, June 1986), pp. 30,33. 76, Bil, pp. 0-25 177 Florin Albur, etl "Ezonomie Recovery and Long-Run Grows [Agenda for Reforma” Vo. 1 (Quezon City .p.) 1986), pp 106 ~ 124, 178. This view has beeaexpesed by both Prcidene Aquino and some of het tary advisers. Then cent viene thatthe pblicendores his postion. See Felipe B. Miranda, “The Second Public inion Report ‘Metro Manila Findings" (Quezon City: Social Weather Stations, 1986), pe 179, Mirada, "The May 1996 Public Opinion Report A Pliteal Analy in Atento-Soral Werther Stations, Pblic Opinion Report (Quezon City: Ateneo de Manila and Social Westher Staion, June 1986) their Breskasay trom Marcor Gener! Feel 1S SEM | £ ' u DARK LEGACY: HUMAN RIGHTS ES RVE UNDER THE MARCOS REGIME Alfred W. McCoy Tneroduetion ‘More than any other nation emerging from authoritarian rule, the Philipines provides an exuraple of extreme impuniy. While othe restored democracies have attempted an ascounting for past crime, the Philippines, by contrast, has done lee to punish the perpetrs tors or puige their influence Instead, through formal amesty and informal inaction, the Philipine state has ted to fonger its author apn mi ran es ndings bind ha ot ogni, retin set sl rales cope withthe minged legacy fmt Ine, ugh omens "sire beeen th tv ofthe orders tect, shape the collective memory of this traumatic past . Tn own way fet a form of ear 1s nation susie by concept asin Mitel Son Let une exp ow the Philpne ume ots pt sae cleimpaniy ng wether geting an ect wy coping with he legacy of arta Global Context Dring the mide decades ofthe 20" centuiy authoritarian regimes fled nations aru the globe. Ry 1985, military juntas held ower in over half of the hundved-plos counties that compose the Thied World These reyimesoften imposed gid orcer though coercion — both implicit theeat and actual violence. At the broadest level svehositi sim encourages 2% Ids sent—fear of reprisal, fac of torture, apd fer ofigo. EMORY, TRUTH TELLING AND THE PURSUIT OF JUSTICE [As thse regimes arte noun the be, pew democais fe ede fering ci soc among ope Fee aced Oneef te men ied: queston cng ean horaran mations how tel ith the a5 ofl re aan Once the dctaov ze gone, the Wanogession r= fin ined win isa enen od sen Fn Conan it opts in unimagied ays ot emerteing to forgeting fom ponies, difercn voto have ed ileent ways of coping ihe calle Seren of tama past. South Aa contronted this pat eens Trt Comminson, South Korea impisoid casein Argentina cet lence pst antl pode tome peered he formation fash comsion that o> Soh port Mona My, 0¢-Never Again Bren et, eA Nera inf betren esploing the ences of te ‘Shon snd bingo reson ti lr ae Falppnes has red ener None of hse tera eer shou coe, Al nit father eau upon the isis of Sethertarsm and hero. Sr aeinitions, memory becomes an arena for politic sch Tn eh sup thee» debate over remembering aed Ferlito on bth ser fen en by hei especie rare nde the lore “The sue powers hat sored (0 fee snr ity pomting olen wee penn pbs 399, ailing hath sl way Fee Bea el te stony At the on ible eve thi debate sey Su burs clan loa ht ek sie or he Stine ofthe ute hon death te enor of hse sues on loa acl where they Crenten to overwhelm ut fru on ae caer tae pone Mrcs Pipes To ous fate = saath lpn of ahortarian eo examining simpson = et achonkedthe stl perpetrator Fe tomar, prelate to the mile eheons of he poliet and military moor: paw iteaey yt Marcos Regime LLooling back on the military dictaiorships of che 1970s and 1940s, the Marcos governmese appears, by any standard, exceptional for both che quantity and quality ofc violence. Filins such as"Missing” and"Kiss ofthe Spider Woman’ lend an aura of ratblessness to Latin [American dictatorsbips that seems: to overshadow the Philippines, ‘But stitities tellanother story The Marcos regime’ tally of 3,257 cxtra- judicial killings is far lower than Argentina's 8,000 mi sing. But it stil exceeds the 2,115 extra-judicial deaths under General Pinochet in Chile and the 256 dead during the Beavlan junta, Under Marcos moreover ilitary murder asthe apex af pyr amid of terror—3,257 killed, 35,000 tortured, and 70,000 incarcer- sted, In striking contrat to Atg-nina, only 737 Filipinos “disap peared” berween 1975 and 1985, a nearly four times that number, ome 2520, or 77 percent ofall victims, were salvaged" —that is, tortured, mutilated and duraped on a ouside for puble disp: See- Jig these mutilated remains, passers-by could ead at glance a oon plete transcript of what had teanspied in Marcos’ safe houses, spread ing a sease of fear Tnsteat ofan invisible machine like che Argen- tine military that crushed all esiseance, Marcos’ seine intimidated by random displays ofits torture victims—becoming thereby 4 che aterstate af tet This tenor had 2 profound smpact upon the Phi ippine military and its wider society. Under martial law, th: Philippine military was the fist of Ferdinand Marcos’ authontarian rie ts elite roreue units became his instruments of eros. On September 22,1972, President Marcos, ‘weighing his words with s lawyer’ care sued Proclamation 1081 imposing a state of martial law that would lst adecade. Lec us mark his words, noting thei nuance “By vee ofthe power vest upon me bythe Conti Sion Ide hereby commmund the Armes Fosse of the Palippie to maintain aw and ender and 19 cnfore bene tol and decec, orders and eplitions aly”ja MaMony, TRUTH TELLING AND THE PURSUIT OF JUSTICE “The President, armed with these extraoedinary powe:s, involved the military in every agpect of authoritarian rule—media censorship, corporate management, ass incarceration, ana provincial adminis tration. Backed by his generals, Marcos wiped ut warlord armies, closed Congress, and confiscated the corporations of political en Even at its peak, however, the Marcos stat, reflecting the ue derlying poverty of Philippine society, lacked the skilled manpower land information systems to effect blanket repression. Asa lawyer, ‘moreover, Marcos at fist maintained a facade of legality and spoke ‘with peide of his “constivtional authoritarianism.” But asthe gap ‘berween legal ition and coercive realiy widened, the regime medi~ aed this contradiction by releasing its political prisoners and stift- fing to extra-judicial execution or “salvaging” ‘During fourteen years of martial la, the military’ elite anti- subversion units came fo personify the regime’ violent expacitis, ‘Under the command of Marcos’ close cousin, General Fidel Ramos, the Philippine Constabulary hovsed the Sth Constabulary Security Unie (C80) and the Metrocom Intelligence and Security Group (MISC). Officers in these elite units were the embodiment of an otherwise invisible terror. "The MISG's commander For twelve yeass, Colonel Rolando “Abul in the words of his obpvar, towered over other heaves in thatclored, tight-knit, pychotic cub of matial-law enforcers.” Only his former understudy, then Lieutenant now Congressman, Rodolfo "Aguinaldo of the Sth CSU, could sival his psychopathic interoga ‘dons. Instead ofa simple physical brutality, chese units practiced & dstincive form of psychological torture with wider implications for the military and its society. ‘TheoryofTortare Let ur think abit about torture, Stating n 1950, the US, Central Tntelligence Ageney, or CIA, funded several decades of academic research into "the relative usefulness of drags, electroshock, violence, tnd other coercive techniques" o discover 3 new method of paycho- Togjeal torure—peshaps the mos sigificant revolution in this crel MecOY: DARK LEGACY 135 scence ding the pst four ove centre, Tate of he soles tatu ininition to phys bruit, the CING thon torre manta dvsibted to miley segmes in Lath Arete oer 20 you, tates phologialticte to Bede ig 2geng led apace" Thnagh pose Sputdonottinn teinenoptercan toi il dy the vic inthe CIA words, deeper and decperinto hiclfong be isn longer ale contol hi eponea ie aod Ea Sigal th agency ad warn hat physi tome eats he ‘morale ofthe [cary] oganizaton sand sorepe ie oe from the Philippine eaperencepytolonel even he coring than phys asa ‘ vemustase ddtheCtA tan hoe pn nce iso + humaighs sewer sported thet he Mares egies torcuter, Lieutenant Colonel Abadila, was studying at Foe Leavenworth. A year later, his understudy, Lieutenant Agta, “es eporely gong tthe United States “ors taning aot hg Cental Ineience Agents? Were thos ufc se CIN ee in ansvers mut set frre of assed doc ments, At present, we wl hae to conten univ ah ce ton Bythe tint ecllctons he mato of Papi ie ne tors paras the thera of he fate RAM sth en strikingly similar to the counter-intwitive techniques of the CIA seanval Thus tore and ie troy designed to ncaleate mss sone lance thoxgh nealing eae forthe pve Mane Bf pines politicized military and a traumatized polity , ‘Tine Marcos’ regime's spectacle of terror opens us to 4 wi dertanding ofthe pall dimension sf omnes tare noredin th iterate on both te human ight and nme me hl seating re hein if we are to understand the legacy of martial law, Bieweie on torture has upon the eorawers.” “ omaAUTELLING AND TH! PURSUTT OF JUSTICE 154 eon, TROT ‘We a only now coming ran understating of tore To the put quarter entry, pyehoogt ave covered eat oer i= Eins fer lasting poclogal Gamage ot of ay proportion to {boca physical ham. A ti by Ort Doer-Zeges of Chileans {brared by Gener Pinochet gee found the wim Woes not Shyeac fo oere with a tredness of days, werk of months, bot fein a teed human being” "The Ciean orn io api atu easing imgetby probing the peli "phenomenol go there star Gon Thy seum tobe saying that rat st done a Chile ws a {ind of tor theater a constricted unelty of es and pin t= furesomichow leaves the vitim na hing tat uf wens, ight $enot have the opposite impact pon the pepetorst Tn the Philipines Maro’ dit ioterogiton ont paced a inne for of teat tortue that cal "the drama of oil inveon?—a evant that eles more on pychologibumaiion hansinple plied pun. Throgh phological manipulation and fensal tore ces young lpn oles keds spe Sn pa and pros ining spemansense hat they could sel the soci order a wil The Phiipine experience thus teaches sha torre haa wansatonal dynamic he torte ve dim amade powers so the torres empowered “ortueand Cass" Ween bs se the impact of torte onthe Armed Pores ofthe Philipines (AP) by eamining the experience of the Piippine Miitry Academy's ClssoF 1971, Only 18 months afer thee geed= om, Marcos deered maria nw king these young eters the fat af hs epresion Whether wa peso marl ie, gener= Si kecpro thet tents ile etenat sere on the Be ad sulle ey the in ofits onli 1996 he Pine a cimarydfere git coups ha been the scainaton of ofc+ Ei nt subordination at he Philippine Neary Academy (PMA For Fligino ofc the Hie ec facie Ooty were, moreover, econ ate phasein thi proces of litany ociizatio, fim dng the absoacdon ned in the clsoom MsCOY: DARK KxeacY 5 ‘Whether they became Marcos loyalists or RAM sch, officers assigned to these elite anti-subverive unite that regu suspect tem erasformed bythe experience ‘Many members of Class ‘71 served a offices fighting the dirty ‘war against Muslim rebels in Mindanao before transfer to eivileon trol operations in Manila. Others were assigned directly to intel sence units that regula conured suspected subverives, Then Liew tenant, now General, Panflo Lason, for example, joined the MISG right after graduation and spent the newt fteen years in this elite torture unit rising to deputy command wider nis mentor, Culone Abadia ‘What was the impact of torture upoa the young offices? When torture hecomes duty ane officers spend years in a daly coutine of teror, the experieace becomes central to thet socialization. Such ‘experiences broke down thei socialization int subordination, rans forming them from servants ofthe state int its would-be masters. Judging from RAMS later coups these experiences also seemed to foster a theory of socal action founded on an inflated belief inthe effcagy of violence Group torture built sting bonds that sustained these officers in their rise to power. At the 5th CSU, Lieutenare Aguinaldo (PMA 72) worked with hs classmate, Billy Bibt and Victor Batac (PMA "71, beating victims togesher aod forging bonds that late katte into the RAM Similary tse iva MISC, Colonel Abella (EMA %65) snd two comrades, Robert Ortega and Panfilo Lacson (PMA7D, tortured together for over a decade, forming a tight fic tion that would ise together within the police after Marcos’ down fal i torsced Emergence of RAM, In retrospect, the Reform the Armed Forces Movement, ot RAM, seems the most visible manftstaion of Matcos impact upon the military. Led by middle-ranking reguass largely from PMA's Class of 1971, RAM plotted acoup d'etat aguinst the Marcos dictatorship in 1986 and then filing oscize povre, launched five more agains his successoe136 eEMORY,TRUTIL TELLING AND THE PURSUIT OF JUSTICE By 1985, many RAM leaders had spent 2 decade in extraonli- ary operations involving torture. The empowerment of torture merges clearly from one instance involving Lieutenant Colonel [Hernani Figueroa (PMA '66), RAMS original chairman. Asa Con~ stabulary commander on Sainar Island, Colonel Figueroa led anti= fubvenive operations that included systematic torure. He directed the torture of Fe Ruperto Kangleon, a night of teror that he priest ‘deserved in a statement shortly before he died in January 1984. On, has Stee night of detention, Father Kangleon vas brought before Colonel Figueroa, who entered the room with the drama ofan actor striding to center stage: *{Celonet Fiero] inal deslrton, Father she gene thas decided hat we tart nterogating You tonight was enough touleash that fear that was building up inside me for these past {ovo months fle cold sweat, sweat broke all ve uy body and T thought Twas going to fine “Forserei hours, predator and pry fenced around verbally, cone sisi up he ote. [Tete withthe uty of that ounte Lae Figueroa inl sid Since you refed to cooper ie, Father, we willbe fared to ase other means. We cannot Allow ourselves to be taken fo ook” “With that alt in is words my inerogator called i ‘one of his agente, The later state to linfold me witha nt Sorplemant selling red bandana. Blinded Twas taken for 2 short but bumpy jep ride.” In is description of what followed, Fr Kangleon crafts meta~ phor with profound itplications for our inderstanding of torture fad its impact upon the future RAM rebels: "nse 1 wat made to sit ov too lea small able being plzedin fontof me: Then, [heard wices—ew oie Three of Four of tere voices ook thee places around me, And withacer in thi ple the most crcial wae of my deenion started to fod MecO¥: DARK LEGACY 37 “Now Fakes yo are ging to ameter our questions! ‘Whack the name ofthat sister you ued ta vs at the Sa cred Heart College? Sh your gels, anc? You ae “ocking, her? How does it fee. OK, tke offhishirt Ob, lok uae Even the women here think you ate nc sen, an You luk ey “Let seifyou are that macho ater one of my punches! A shor jb Blow ay ibs “You beter answer ovr questions or ele you will get more ‘ofthis? With tha, ashore bow Landed in my solar ples “Las already quaking with feat The paychologes! and hysialaspeceof my interrogation had finaly taken its toll Finally broke down. Yes.Go cll Le. Figueroa. amy now wiling to cooperate” Within the confines of this chamber, he is no longer a protested priest. Naked and blind, he capitulates ¢» the power of Colon! Figueroa and calls out the name of his rormentor 8 his savior After a decade in Marcos safe houses, the RAM leaders trons lnved their experience of torture into a theory of political violence. In reply toa question about RAM coup planning during a July 1986 interview, Captain Rex Robles (PMA'63), RAMs paywar specialist, plunged into a severe ofblood and treo "One ime Yeemember wa it November [1985], when our discussion ran uni 2:00 in the moming about che eaown of power. You ave to kl alot of peuple to do this re we po= pared to shed alo of Blood? Thats my belie... You have tol You have t ave shestomach to kllcold-Hood sya oof people Because power does at sty onthe head of poop by il. It tas to be atively maintained and by blood, especially bod — unl people ease dat you an srious aun Al they wllING AND THE PURSUYE OF JUSTICE 138 Memony, TRUTHC TELL fal back an sy Hey hi guy tmean busines. We hase to fo low im orureand Coup Tass Fe eres in Machete often th RAM Aertel on te mona ce inte ni- 198s emboldened (Rete reco amery anch sc coup seme, Not only id rp tay ep ton noes oe rca hat mae he np cane and incompetent op saa es No herman th wor auch 0 many Oo shot neces, Ween 198, RAM anche sft cop tempt wth soorteanneda Mates Malang Pace Aer mons l= eee ner ieuterant Calon’ Gregorio "Gringo Hone Taaea ta) a souegy rien wth tl condition, nthe Pa Th ny ns regi, RAM plac oo ence Pn Vers 100 Palace gud and cap the cr belle sage coup Inte fine pxe, Caloel ona ares comandor woul pales te Dig Rie! and 2 ett Couple eins the P a eseond ps SET ound ce oop woul ally to Homan and sie eta ror pb outer : Maes Ran colonel were comand ofthe plan ere on ta pened fer el het had the making se aan scregy aed te incon ltary operons Sounds id using penser amas lia el ce damrend wee, Cabrel Hons arack on he oro compomie iy even the smal ee Yer te se ral hne eael e urton fos so od Ee erogenous chad ur Homa lan wou hele is cranes secon death Nx oly a th lan Eed ba it x0 ee a peer Overeating som ay to inspite = ToL Sntetimatng his ences Hons core grouped Banat Hom he tar in the nek before RAMS comp, eaten ast every coe agency in Manle—treC18, sco DARK LxeacY 159 ‘the DIA, Australas ASIS, and, ost importantly General Vers Pres ential Security Command (PSC), Acting ow this intelligence, Ver ordered 2 Navy demolition tem to line the Palace riverfront with cluster of $00-povad bombs. Instead of arresting the plotters, Ves decided to let Honasan’s corsmandos launch theie rubber rafts. IP Honasan had actually pu his paddle in che Pasig, che river woul: have risen fos its banks in a thunderclap, vaporizing his comman™ dos. Instead of coup that placed RAMs patron, Defense Minister Juan Ponce Baril, i the Palace, RAMs evo collapsed ito an tiny that was saved from extinction by the people power revolution that wade Corazon Aquino President ‘In Noversber 1986, with Enaile now defense minister in Pres dent Aquino’ cabinet, RAM organized a "generals coup.” In the weeks before the coup, RAM revealed is inflated sense ofthe eff- cacy of violence by creating clim eof terror. RAM operative deto- nated a series of bombs about Manila, invoking the memory ofthe 1971 Plaza Miranda bombing and unleashing black propagand blaming the President's deceased husband, Sento: Benigno" inoy Aquino,Je-On the eve ofthe eoup the top RAM leader salvaged th leader of the nation’ largest Inbor confederation, Rolando Cilia. On Noversber 13, Osis: bound body ws dumped, head and gorse bleeding from torture. Government investigators later conchae that RAM had salvaged Olaia to spark chaos and create wnstable condi tions for ther coup. ‘On the night of Novernber 22 and 23, RAM mobilized its rebel fores fora coup. But AFP Chief of Staff Fidel Ramos remained loyal 1 President Aquino and worked the phones to mobilize an effective counter-coup. Within 4 houss, the rebel forces were “boxed jn" and returned to barracks wichout fring a shot. RAMS coup col: lapeed Impunity After five mere failed coup atterapts henween 1986 and 1990, sor render remained the only option for RAM leaders, Facing charges for cimes of murder and eebelion, the RAM colonels were deter twined to lay dewn arms in ways that would guarantee irnmmanity40." MEMORY, TRUTH TELLING AND "IHE PORSUTT OF JUSTICE “Through a mix of bluff and violence, they not only won an absolste amnesty, Sey also placed their leader inthe Senate—launching him fon pat to the presidency ofthe Philippine Republic Te October 1995, the RAM rebels and govemnmentsepresenta~ tives met at Camp Ageinaldo to sign peace agreement ending the frou seven-yea revolt. Unde the erms ofthe accord, RAM agreed eetipermancnt cessation of hostilities” and promised to “commit itself to democ ses” Inexchange, the government would ‘Ronatate al rebel soldiers into the Armed Forces and grant "a gen~ ‘Ealand unconditional amnesty fr all offenses commited in pursuit ‘ftheiepoliical belief.” After yeas of maneuvering to escape pros- Ceution, RAM had finally won impunity for crimes of rebellion, mir deg and torre But in Janvary 1998, Senator Honuaans path tothe Palace was momentailyblocked by sensational evelasions inthe Olalia murder Tree Two sergeants, both members of RAMS death squad, restified that the top rebel leaders had ondered Olali brutal salvaging and then ted fo conceal the crime hy murdering sox members oftheir Soon death squad. In Apri after a delay of twelve yeas the Justice Departmen filly bled charges aginst thirteen RAM member for themuider of Olaia Inthe end, che RAM leader: may well getaway (Mah murder because ther lawyers are insisting that these times Jere covered by amnesty, Nonetheless the fling of these charges Teed Senator Honasan to withdraw ffom a 1998 vce presidential ‘amp that could have ben his first step toward the presidency in 2004 "Though RAM and its spectaclar coups have now faded, the legacy of marta vesonin the Philippine National Police (PNP) ‘Whether RAM rebels of Mazcos loyalists members of Clas 72 in the PNP have continued to thei relentless rise to power, though ‘often guilty of serious human rights abuses. THe 1991, then Defense Secretary Fidel Ramos sezged the Con~ stabulaty with local police to Form the new Philippine National Po fice, Since there was no investigation of past human-rights abuses torture sad salvaging have continued insice the PNP. In 1997, the fast fill year of the Ramos presidency, the AFP recorded only 81 huranight los ie the PAP a esponefr 74— {Spec oft kw aye ly ai eg spt afgbee rer okeing tier Reva ibe ‘niet Dresden Even Ca 71 hescontnued eee per within the PNB. Inthe fs mont of his adminitatio, stad, ing stisova ier eae pointed member of Ce foly maleate alg toes darsestoore esfuleohor in the police. Among thse promoted were hee Clas inne wha penoriy escape Choa Faden ao Ice Thence PMP efondeonaseas ts Norhcrs bodes Tiber ago war tegmbl ore hanna te He one Con Mn Po ip Cebu. The commander of the powerfil Presidential Task orce om Onuned Grime, Pile co, was dpa decor ef noni MISGand sind’ in fe ved nsec ioe ners ins eatody Oct mentenofClar iets ‘ombl ender a ponote/noty Gate scr +laaren trate itsoueg of ato lap arate he Pslippine military bas tik ts counterparts in Argentina andClil,achieed “impunity Frits cme. and coupe. As arse Bhan nani attend pos hare lngranifieon. At the Vutrnatonal Symposium on Tortarext Bacon Aires in 199, delegates defined impunity ate fa that fen n ens wre dctonip has. gen way to demo ie fle, many tortures ad ther votre of human rights guj Shona teh she Pipes nip nn “The Philipines provdesanexanph 3 few weak demos hl aad wn coco Yo jumic,Fom remembering to ogrting fm punishment to an testy fret counties Rave tied ferent way coping with he49 SHEMORY,TRUTIUTELLING AND THE FURSUTT OF JUSTICE collective burden of traumatic past, In compaison with ather post- authoritarian nations, ee Philippines has done very ie to punish shaman-rights violators or pusge ther inluence from the military Tnspunity has lft what University ofthe Philippines histosian ‘Maris Diokno has called the “entrenched legacy of marta law”—a lingering collective malaise that, subelety but directly, shapes and di torts the nation’ political process. Since Marcos fal, each succeed ing administration has, by action and inaction, allowed impunity to ‘deepen, During her frst months in office, President Corazon Aquino appointed four human-rights lawyers to her Cabinet and seemed stongly committed tothe issue. Bur battered by repeated coup at tempts, she abandoned aay atempt to pnsceut the military for past ‘crimes oftortureand murder. Her sueesto, President Fidel Rarnos, transformed impunity from a defacto to de jure status. That is, he bestowed the imprimatur of lasting legality upon an impunity that had been, under Aquino, a short-term compromise. Moreover, his dminiztation elevated former tortures to positions of power. Most recently, resident Joseph Estrada is completing this process by of= fering niembers ofthe Marcos rime both symbol and substance of Finding the Philippine courts and Human Rights Commission “unsympathetic, some 10,000 Filipino torture vitims mounted a marsve ligation against Marcos inthe US federal courts, As Presi= dent Ramos moved toward an absoluce amnesty for torturers berveen 1992 and 1995, the US, District Coure for Hawaii was aggzessvely pursuing a massive clas-acton suit aginst the Marcos estate—pro- ‘ding Filipino victims justice that they were Leing denied at home In September 1992, the US, District Court in Honolulu found ‘Marcos gultyofsystematic torture and held his estat able fordam~ ages to all 9,581 vitims—later awarding scaly 82 billion in dam= age, the biggest personalinjury verdict in legal history. In January 1995, President Ramos sparked controversy by announcing chat his government would oppose awarding Macc” Swiss asets to these torture vit. In an angry editorial, che Pilippine Daily Inquire, blasted the “moral ankruptey of che Ramos ministration’ pos tion” In a biting, personal atack on the Preside, the paper re- Mcoov: Dank LEGACY 143 ded him tha wits him as commander ofthe Constabulary un derMarcs twas mes who wore conduc the ended eveang tres, who were applying th water arto erat someone ad ministered elect sls to genta of politcal detances “The Philippine past provides sbiguous lessons boxe he ky consequence ffngeting a atmeans of eping wt cllectve tana Inthe past century the Plipnes sured the bratty of ery ‘le our mer~Spain martial ev of 1896-98, he C18 lary ‘zm, the Japanese occupation in World We and Maro ae fillaw-No mater rea th bray ine tena the Pa ippines coped withthe clei eauna by» pea a ores fllowed, often decades late, by sense of cage Spain foe aod reuet rmoned Spanish ilo rom sy scouting Ie the dead following the Phiipin-Ameicn War the atone chose to forget the brutality of tc US. Army piston sd ine stead pusueanegotteindpendeac, Af World War I society ‘hose ott chatgeFilpros ho had collaborated withthe pee resandthe US military rsceted most ofthe Japanese war cn til reducing the net Philippine Republic to mee spesatrs ‘Novetheles chin mot cent bout of forgetng seems unig The caress the Marcos en were perp by Bp ofl who rman within the ent’ jurdtion Once ga the Ph ippincshualowed America, crough the Hawai humeeghs cosy {Bact as ahiter fits tied of ste. Between the poles offoimpurity ad global juice, the Phil ines ence te i decd of te pn rs od stig of geting trauma This ring jtposiion bets the DS. granting justice to Filipino tine and ther oon sovernmentatemptto deny tind tht he usu of Maton tor remaizs deeply inbeded in society ealcine metry and insitaional vie Pesci x pris Eade Tre hora, since Maro Ellin 19865, ade need fo- recom mong both ‘iis and perpettos Freed ftom judicial review, the corturers of the Marcos era have continued to rise within the police and intelligence bureaucracies, allowing the pervasive brutality of martial law to persist. Undertha MEMORY, 7RUTH TELLING AND THE PURSULY OF JUSTICE iy clue and pois a rch pn ingens a arr no legs an len ino geal ee cthtemree ofa estore dernenythePipins hog enfin €mpniy sll te thle of the Mare seer eine tates and an ingined eatatonal habit of Tanah abuse Conclusion ’As the Philippines reaches for pd economic growth it cannot, ‘vould argue, afford to ignore the issue of human rights. Ifthe P Jppines is to recover its ull and of “soil capital” aftr the trauma dictatorship, it needs to adopt some means ‘or remembering, re ‘ovding, and, ultimately, reconciliation. No nation ean develop its fll economic potential withowt 2 high level of socal capital and fecilexpital cannot, as Robert Putnam teaches us, grow in society without a sense of justice. MARC OS-STYLE GOVERNANCE AND HUMAN RIGHTS ABUSES DURING THE MARCOS DICTATORSHIP Atty, Alexander A. Padilla Hitt sere retain a sa popular afte: World War If when crimes against hurnanity and genocide were committed by the Nazis against the Jewish people. Before this time, times agtnst humanity and genocide were un- thinkable, Ie was during the Nuremberg trai thatthe concept of individval esponsibility foracts committed by astate against people ‘wasbeing made liable, Because these persons were being held liable, tup-rior force or the at ofthe leader was no longer a defense for any “The 19508 saw the formulation of the declaration of human rights, the intemational covenans on civil and politcal rights, a= swells social and cultural rights, Now we must understand tht indi= ‘dual rights ae one dimeasion of the ecncepe whi she of sociation or groupe wouldbe another The coneepr of human rights oes not only have many dimensions but certain characevstics wick ‘in be filly appreciated when viewed in a particular setting aad cir ‘At that time, i the West where capitalism and its emphasis on Snlvidal effort and initiative propelled socieries into the Industrial ‘Age, the dominant cry was the cy of individual, of entrepreneurial initiative, such that people would speak of hursan rights. In these ‘counties, he emphasis was on individual sights as enshrined i thelr ‘Magna Carta, In cis serse, even the eights of groups and asocia~ tions became mere extensions of individual rights. Ta the Asian setting, aswell a the rest ofthe Third World, hu man rights is assigned a broader meaning for it san ou'growth of the people’ collective strogzle fe se-determination and freedom 45