FINAL VERDICT

INTERNATIONAL PEOPLES’ TRIBUNAL (IPT) 2015

INTERNATIONAL PEOPLES’ TRIBUNAL

Washington, D.C., USA

THE FILIPINO PEOPLE,

at the suit of ECUVOICE, KARAPATAN,
Hustisya, DESAPARECIDOS, SELDA,
BAYAN, KMU, KMP, GABRIELA,
MIGRANTE, and KADAMAY,
Complainants,

For:

I. Gross and systematic violations of civil

and political rights;
II. Gross and systematic violations of
economic, social and cultural rights;
and
IIII. Gross and systematic violations of the
rights of the people to national self-
determination and liberation

-versus-

PRESIDENT BENIGNO S. AQUINO III,

the GOVERNMENT of the REPUBLIC
of the PHILIPPINES,
and
the GOVERNMENT of the UNITED STATES
of AMERICA, represented by
President BARACK HUSSEIN OBAMA II,
the International Monetary Fund, the World Bank,
World Trade Organization, multinational
corporations and foreign banks doing business
in the Philippines,
Defendants.
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V E R D I C T

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PREFATORY

The International Peoples' Tribunal (IPT) on Crimes Against the Filipino

People was convened at the behest mainly of the victims with allegations of
crimes committed by the Presidency of BENIGNO SIMEON C. AQUINO III in the
Philippines, the Presidency of BARACK HUSSEIN OBAMA II in the United
States, with multilateral agencies the International Monetary Fund, the World
Bank, World Trade Organization, multinational corporations and foreign banks
doing business in the Philippines allegedly acting as their accomplices and
accessories.

The IPT, like other alternative or parallel fora, embodies the right of peoples to
hold governments to account. It stems from the failure and inadequacies to
uphold the standards and principles as enunciated in international laws and
instruments including the core human rights conventions and agreements.

It derives its legitimacy from the people as the ultimate source of the authority
of all national and international laws.

We note that the IPT draws inspiration and builds on the gains of previous
peoples' tribunals convened to try similar crimes by previous regimes in the
Philippines. These include, among others, the:

1. Permanent Peoples’ Tribunal (First Session on the Philippines) or PPT 1 of

1980 in Antwerp, Belgium (“Repression and Resistance," against the dictatorship
of Ferdinand Marcos at the suit by the National Democratic Front of the
Philippines or NDFP and the Moro National Liberation Front or MNLF”);

2. International Solidarity Mission- International People’s Tribunal (ISM-IPT) of

2005 in Manila (“In Defense of a People Fighting Repression," and against
human rights violations of President Gloria Macapagal-Arroyo”); and

3. Permanent Peoples’ Tribunal (Second Session on the Philippines) or PPT2

of March 2007 in The Hague, The Netherlands (“The Filipino People vs. Gloria
Macapagal-Arroyo, George W. Bush, et. a.l: Indicting the US-backed Arroyo
regime for human rights violations, economic plunder and transgression of
Filipino sovereignty”).

We acknowledge that the Convenors of the present Tribunal are the

International Coalition for Human Rights in the Philippines (ICHRP), IBON
International, the International Association of Democratic Lawyers (IADL) and the
National Lawyers Guild (NLG) of the US.

In this Tribunal, the Complainants are the Filipino people – the peasants,

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workers, urban and rural poor, fisherfolk, indigenous peoples, migrants, women,
youth and students, religious, journalists, lawyers, teachers and other
professionals, and all human rights defenders, through people’s organizations –
in solidarity with other oppressed and exploited peoples of the world.

They contend that the indictment of the Defendants is an expression of the

frustration, disappointment and even exasperation over the limitations,
inadequacy and weaknesses of existing domestic and international judicial
systems to which they have brought their cases. 1 The present Tribunal for the
Complainants is thus a parallel or alternative venue/forum for the assertion and
direct exercise of the people of their inherent right to self-determination.

The Complainants further believe that the evidence presented shall not only
be useful for present and future purposes but shall be an eloquent repository that
would preserve the historical record and be the basis of the judgment of history.
As a matter of fact, the Verdict will have its own political and moral import for
generations.

In their words, the Filipino people are determined to shine a light on the
despicable situation in the Philippines and to seek avenues for holding the
entities responsible and accountable for systemic rights violations. This is the
purpose and their hope in filing their case at this International Peoples’ Tribunal. 2

We agree.

THE INDICTMENT

The Indictment3 stated the grounds or charges constituting the alleged crimes
of the Defendants.

It outlined the context or overview of the grounds or charges, contained the

general and specific allegations, enumerated the specific cases or incidents
under each ground or charge, and listed the international laws or covenants
allegedly violated by the Defendants.

By Our authority given to the Clerk of Court, the Indictment was served by the
Convenors upon the Defendants through their duly authorized representatives on
6 July 2015 or ten (10) days before the start of the Tribunal session on 16 July
2015.4 The corresponding registry receipts and return cards were duly produced
during the Tribunal by the Convenors and appeared to be in order. 5
1
“We have done everything... We hope that somehow, some day, Defendant Benigno S. Aquino III will have
accountability for the criminal negligence...” Complainants' witness Efleda Bautista, victim of super typhoon
Haiyan (Yolanda), Testimony on 17 July 2015.

2
Pls. See Indictment dated 6 July 2015, attached herein as Annex “A”.

3
Ibid.

4
Manifestation of Vanessa K. Lucas of the National Lawyers Guild (NLG) of the US, 16 July 2015. The records
further show that A Summary of the Charges and Abstract of the Indictment were publicly announced, posted

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and made available at the IPT Website during the IPT launch on 12 March 2015 and the media briefing on 16
June 2015, both in Manila, Philippines.
5
Proof of Service of Indictment, 6 July 2015, attached herein as Annex “B” with Letter to the Defendants of
even date, attached herein as Annex “C”. See also Basic Rules of Procedure of 12 March 2015, attached herein
as Annex “D”.
6
Manifestation of Edre U. Olalia, Clerk of Court, 16 July 2015.

7
Part V, Annex “D”.

8
A Memorandum of Authorities dated 16 July 2015 was among the submissions by the Prosecution for the
reference of the Tribunal, herein attached as Annex “E”.
9
Please see Basic Rules of Procedure, Annex “D”.

10
Attached collectively as Annex “F”.

11
The Complainants were represented by an international Panel of People’s Prosecutors, namely, Chief People’s
Prosecutor Ramsey Clark (USA), lawyers Ephraim B. Cortez, Jobert I. Pahilga, Sandra Jill S. Santos, Maria Kristina
C. Conti , Janne B. Baterna, and Angela L. Trinidad (Philippines), Brian Campbell (USA) and Guy-Lin Beaudoin
(Canada) in Washington; Rachel Pastores, Julian F. Oliva, Carlos A. Montemayor Jr., Minerva F. Lopez, Josalee S.
Deinla, in Manila, and Jose Begil Jr. and Benjamin Ramos (Philippines) from the provinces in the Philippines;
and Jan Fermon (Belgium) in Europe.
12
The records show that Ms. Enriquez, among others, chairs the national alliance of individuals, groups and
organizations working for the promotion and protection of human rights in the Philippines, Karapatan. Its
founders and members are publicly known to have been at the forefront of the human rights struggle in the
Philippines since the time of Marcos’ martial law regime. Karapatan appears to be cited widely by
governmental and non-governmental entities worldwide. She is also an independent observer at the peace
talks in Oslo between the Philippine government and the National Democratic Front of the Philippines. Through
these talks, a committee to monitor human rights in the Philippines has been established. She has appeared
several times before the UN Human Rights Council and has related with UN Special Mechanisms and treaty-
monitoring bodies. She has also appeared before the committee hearings of foreign legislative bodies including
the US Congress.
13
Cases for Submission, 17 July 2015, herein attached as Annex “G”.

14
The records show that Mr. Africa is, among others, also a fellow of the Center for People
Empowerment in Governance (CenPEG) and the Center for Anti-Imperialist Studies (CAIS). He
previously worked as staff in the National Economic and Development Authority (NEDA) and has
been an active educator to people's organizations as well as a resource person for schools, NGOs,
government and media since the 1990s. His writings on socioeconomic and political issues have been
published. He obtained his Masters degree (MSc) in Development Studies and Bachelors degree (BSc)

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in Philosophy and Economics from the London School of Economics and Political Science (LSE).

15
Cases for Submission, 17 July 2015, herein attached as Annex “G”.

16
The records show that Ms. Cohn is, among others, a professor at the Thomas Jefferson School of Law in San
Diego, USA. She is also on the National Advisory Board of Veterans for Peace and the board of the Vietnam
Agent Orange Relief and Responsibility Campaign. Professor Cohn is the author of Cowboy Republic: Six Ways
the Bush Gang Has Defied the Law; co-author of Rules of Disengagement: The Politics and Honor of Military
Dissent and Cameras in the Courtroom: Television and the Pursuit of Justice; and editor/co-author of United
States and Torture: Interrogation, Incarceration and Abuse and Drones and Targeted Killing: Legal, Moral, and
Geopolitical Issues. She testified before the House Judiciary Committee’s Subcommittee on the Constitution,
Civil Rights, and Civil Liberties about the Bush torture policy. Professor Cohn was invited to debate at the
prestigious Oxford Union about the legality of the war in Afghanistan. She writes frequent articles, makes
media appearances, and lectures throughout the world on human rights and U.S. foreign policy “and the
contradiction between the two.”
17
The records show that Ms. Maza is co-chairperson of Makabayan, a coalition of progressive political parties
and groups in the Philippines. She is a feminist activist and a nationalist. She is formerly a congressional
representative of partylists Bayan Muna (People First) and Gabriela Women's Party. She is chairperson of the
International Women's Alliance, a global alliance of grassroots women's organizations.
18
The records show that Mr. Simbulan, who is now a resident of the US, finished his bachelor’s degree at the
Philippine Military Academy, his M.A., (Political Science) at the University of the Philippines; and his
Ph. D. (Pol. Science & Govt., Institute of Advanced Studies) at the Australian National University. He
was former Dean, College of Arts & Sciences of the Polytechnic University of the Philippines. He was
former colonel of the Armed Forces of the Philippines. Mr. Simbulan taught at UP, Ateneo de Manila,
PUP, and Maryknoll College. He also lectured at Montgomery College, USA and several universities in
Canada. He was also former Executive Director of the Church Coalition for Human Rights in the
Philippines based in Washington, D.C. Mr. Simbulan was a political prisoner of the Marcos
Dictatorship.
19
The records show that Ms. Lidasan is a Muslim woman leader based in Mindanao and National
President of Suara Bangsamoro (Voice of the Moro People). She has been involved in the struggle of
the Moro people and has participated in a fact-finding mission on the human rights violations against
civilians and the reported involvement of US troops in the Mamasapano, Maguindanao incident. She
appears to be well-versed in the link between the overall Moro human rights situation and Suara’s
position on the Bangsamoro Basic Law (BBL).
20
The records show that Mr. Jalandoni is the chief international representative of the NDFP. He is also a
member of its National Executive Committee. He was a political prisoner during the time of Marcos and now
lives in exile in the Netherlands.

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21
Sworn Statement and Video Deposition of Luis Jalandoni, 30 June 2015.

22
Sworn Statement and Testimony of Marjorie Cohn, 17 July 2015.

23
Ibid.

24
Pls. see Annex “F”, Case Summary: US Intervention in the Mamasapano.

25
Cohn, supra.

26
Sworn Statement and Testimony of Amirah Ali Lidasan, 17 July 2015.

27
Ibid.

28
See Annex “F”, Case Summary on EDCA.
29
Sworn Statement and Testimony of Dante Simbulan, 17 July 2015.

30
Cohn, supra.

31
Jalandoni, supra.

32
In the manifestation of the Prosecution, it said that, as far as they know, there are presently more than 4,000
complaints for violations of the CARHRIHL against Defendant Philippine government.

33
Cohn, supra.

34
Jalandoni, supra.

35
The Findings and Conclusions, substantially reproduced here and forming an integral part of this Verdict, was
read and issued by the Jury on 18 July 2015.

36
See Annex “A”.

37
Sworn Statement and Testimony of Jose Enrique Africa, 17 July 2015.

38
Ibid.

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39
Ibid.

40
The Tribunal session was held 16-17 July 2015. The Jurors went into deliberation in the afternoon of the 17th
until the afternoon of the 18th.

41
See Prosecution’s Opening Statement of 16 July 2015 and its Summation of 17 July 2015, herein attached as
Annexes “G’ and “H”, respectively.

42
Ibid.

43
Ibid.

44
Please see Annex “E”.