ESPINO, Joseph Lorenzo V.

Special Issues in International Law Atty. Sembrano

1. What is the EDSA People Power of 1986 about and why do we commemorate it
yearly (for the past 34 years)?

The EDSA People Power of 1986 was a nationwide series of revolutions against the
authoritarian rule of the Marcos Administration, the largest rally was convened in Metro Manila.
The resistance started gaining public traction when the former Pres. Marcos perpetrated
violence to muster public obedience and committed electoral fraud to retain the position of
power. The non violent revolution ended the long 20 year reign of the dictator.

The EDSA People Power is commemorated each year to remember that we were able to work
hard to reclaim democracy from authoritarian rule and to remember to protect our democratic
institutions so rise of despotic rulers.

2. What legal measures have been put in place to ensure that the lessons from the
abuses during the Marcos Martial Law days shall not be repeated? ( Effectively,
therefore, Congress, the Executive Branch and even the Supreme Court,
recognizing the truth about the Marcos human rights violations);

The aftermath of the EDSA Revolution led to the introduction of party-list representation
in the legislative where the representatives come from national, regional, and sectoral groups.
This system paved the way for more representation for marginalized groups. Additionally, the
freedom of press was restored allowing for more transparent and clearer flow of information.

Additionally, the power of the Executive branch was also diffused to avoid concentration
of power to the Chief Executive. Appointments of the administration’s cronies were avoided by
making sure that each appointment now went through a rigorous process as provided by law.

As for the Judicial branch, the Court has issued multiple decisions that help prevent such
abuse again in terms of human rights and abuse of power. The Court has since clarified that
role of each branch and how their jurisdiction and powers are independent of other branches.

3. What is the significance of the EDSA People Power to international law and/or
international affairs?

The EDSA People Power has inspired many other non violent revolutions in the world.
For instance, former Soviet Bloc countries and the Arab Spring movement took inspiration from
the events of the People Power.

As for the Courts, the Switzerland's Federal Supreme Court has ruled that the assets
deposited by the cronies of Marcos must be returned to the Philippines. The Court ruled that the
wealth deposited in Switzerland will be returned to Presidential Commission on Good
Government of the Philippines (PCGG). The deposits amount to more than US$8 million and
were placed in a Swiss bank before the 1986 overthrow of Marcos. The Philippine government
successfully claimed that the funds were “ill-gotten” and should be returned.

Similarly, the US Supreme Court also denied in 2008 a request that assets named after
Marcos which were invested with Merill Lynch in the US will also be returned to the claimants
who avered that they were taken from the Philippines. The funds were eventually granted to
claimants Philippines, PCGG, and the representative of more than nine thousand people,
Mariano Pimentel.

4. How do the events that gave rise to the EDSA People Power of 1986 relate to
International Criminal Law?

The success of the EDSA People Power revolution shows how systematic human rights
violations may be committed by persons of governmental authority. In domestic law, it is
possible to hold a person accountable for crimes he or she may have committed because the
government is present to be able to enforce the law. However, the EDSA People Power
revolution shows us what happens when it is the government that commits these crimes. At that
time, there was no International Criminal Court to hold heads of state accountable. Which is why
a non-violent revolution was the only way to overthrow despotic governments that actively
commit human rights abuses.

The existence of the Marcos regime and other cruel authoritarian governments
emphasizes the importance of Article 27 of the Rome Statute. Article 27 provides for the
irrelevance of official capacity and immunity of the person charged in the International Criminal
Court. Had The Rome Statute come into existence at the time of former dictator, Ferdinand
Marcos, there would have been grounds for the Filipino people to charge him with possible
crimes against humanity.