In a five-page ruling, Justice Charles Ramos of the State Supreme Court in Manhattan set for trial the human rights victims’ petition to have Merrill Lynch turn over to them the $35 million as part of the nearly $2 billion in damages that a Hawaii court awarded to them in 1995.

Merrill Lynch, the Philippine National Bank and Arelma Foundation had filed motions opposing the victims’ petition but Ramos dismissed them all and ordered that the petition be heard.

“The petition (of the victims) seeking a writ of turnover and execution is set down for a hearing... the parties shall appear for a pretrial conference for the purpose of scheduling a hearing on December 15 at 10am,” Ramos said.

“The balance of factors do not weigh in favor of dismissal of the petition for non-joinder….the (victims) would be left without an alternative forum to demonstrate (their) entitlement to the assets,” he said.

The rights victims suffered a setback in 2007 when the US Supreme Court overturned a lower court ruling that had awarded the funds to the victims because the Philippine government did not participate in that case. The high court said the Philippines should be included in legal proceedings to determine who owned the account since its claims over the funds were “not frivolous.”

But in his ruling, Ramos said that the US Supreme Court ruling was issued in a different context and, while it was “informative,” the decision was “not binding on New York courts”.

“In New York, dismissal for non-joinder is disfavored particularly where, as here, the party seeking relief would be left without a judicial remedy, the absentee, even a sovereign absentee, elects not to participate, and dismissal would not bring the parties any closer to an all-inclusive resolution,” Ramos said.

The justice noted that the rights victims had been “attempting to obtain satisfaction of the (Hawaii) judgment since 1995, and have yet to recover virtually any property.”

“The (victims include) individuals who suffered tremendous crimes under Marcos’ reign, including torture, kidnapping, death and the loss of loved ones,” Ramos pointed out.

“Legal representatives of the (Marcos) Estate, including his heirs, concealed the existence of the Arelma account and other Marcos property, and even attempted to dissipate the assets in an effort to prevent satisfaction of the (Hawaii) judgment, resulting in a finding of contempt against them,” he said.

“The prejudice to the (victims) that will result from dismissal is palpable,” Ramos added.

The justice also noted that the Philippine government had yet to formally ask New York courts to recognise the Sandiganbayan (anti-graft court) decision in April that the $35 million be forfeited in favour of the government.

Loretta Ann Rosales, chair of the Marcos human rights victims group Claimants 1081, hailed the ruling and said she hoped the New York State Supreme Court would eventually order that the $35 million be given to the claimants.

Ferdinand Marcos ruled the Philippines with an iron fist for 20 years until 1986. He was accused of human rights abuses, perpetrated mainly by government officials and the military. He and his family flew to Hawaii after the People Power revolution in 1986. He eventually died in exile while the family was able to come home.