Philippines ‘not bound’ by Hong Kong court ruling in hostage case
MANILA — The Philippine government is not likely to honor the award for damages granted by a Hong Kong court to victims of the August 2010 hostage taking incident in Manila that killed eight tourists and wounded seven others.
Justice Secretary Leila de Lima said Sunday that the ruling of the Hong Kong high court granting a legal aid appeal from survivors and families of the victims of the hostage crisis is not binding in the Philippines, therefore the government is not under any obligation to keep it.
“No foreign government can grant its citizens leave to sue another government and bind the other government to such an action. International law grants sovereignty to each nation and a primary character of this sovereignty is the immunity of states from suits,” she said in a statement.
No legal consequence
“The grant of Hong Kong government to the relatives of the hostage victims has neither legal consequence nor significance in international law,” she added.
De Lima was apparently referring to the international law doctrine of comity of nations wherein one state, to the greatest extent possible, recognize the legislative, executive or judicial acts of another, as states seek to fully assert their sovereignty and traditionally refuse to recognize or enforce the judicial decisions of others.
Under this principle, she said a government may only be sued with its consent, whether by a foreign government or citizens of that foreign government.
Thus, the Hong Kong court’s award of damages is nothing more than an “expression of moral support of to the victims of the Luneta incident by their government,” she said.
De Lima, who headed the Incident Investigation and Review Committee (IIRC) that probed the incident, said last year after a visit with her Chinese counterpart in Beijing, China that she would welcome the request of the hostage survivors and their family to inquire about the status of the cases against those found liable for the death of their loved ones.
She expressed doubt that the plans of the victims to file a lawsuit against the Philippine government, allegedly based on the prodding of some political figures in Hong Kong, would prosper.
She said, however, that they may file a civil suit under Philippine laws for payment of damages.
“Under the Philippine law and justice system, anyone has the right to seek redress by way of damage… If they are asking to consider negotiating for the purpose of getting compensation, the response is: nothing can prevent them from making demands,” she said.
Not surprising
Integrated Bar of the Philippines president Roan Libarios, another member of the IIRC, said that such move of the victims to claim for damages should not come as a surprise.
“Some officials could be really held liable for negligence based on our report,” he said.
The controversy stemmed from the gruesome hostage drama initiated by dismissed police officer Rolando Mendoza when he hijacked a tourist bus in Intramuros district in Manila and opened fire at each of the passengers after foiled talks with police negotiators.
The despondent policeman was eventually killed by sniper bullets from his former colleagues.
The IIRC, which was formed to probe those responsible for the hostage-taking fiasco, originally identified 13 individuals as probably liable with the supposed mishandling of the hostage incident.
However, when a two-man Malacanang panel reviewed the IIRC report, only SPO2 Gregorio Mendoza, the brother of hostage-taker was charged in court.
Later on, President Benigno Aquino III dismissed from service Deputy Ombudsman Emilio Gonzales for failure to act immediately on Rolando’s administrative case.
A recent Supreme Court ruling eventually reinstated Gonzales, saying Malacanang erred in dismissing him on alleged mishandling of the graft case against the hostage-taker, which triggered the hostage crisis.
Reports quoting the Radio Television Hong Kong (RTHK) last October 12 stated that a high court master had granted a Legal Aid Appeal from survivors and relatives of the fatalities in the August 23, 2010 tragedy.
In particular, they were demanding the Philippine government to issue a formal apology and provide compensation for the victims and their families. Among those from whom they seek damages are those they believe were responsible for the bungled hostage rescue operation, including Manila Mayor Alfredo Lim and the police force.
Democratic Party legislator James To was quoted in the report as saying that the application for legal aid by the survivors and relatives of victims was rejected by the Hong Kong’s Legal Aid Department at first because the Philippines may invoke state immunity as a defense.
While President Aquino already expressed regret over the incident and admitted that the crisis should have been handled better, the government refused to apologize to the victims’ families. (JCV/Sunnex)
http://www.sunstar.com.ph/manila/local-news/2012/10/21/philippines-not-bound-hong-kong-court-ruling-hostage-case-249108
As Manila becomes more congested and pollution becomes frustratingly intolerable, many families opt to spend a few quality nights and relax in this hotel in Angeles City Clark Pampanga. It is fair to say that YATS Clearwater Resort and Country Club is known for its faithful rendition of the American suburban lifestyle, all there for the enjoyment of all ages and all members of the family.
Trying to find a place of leisure and a place to stay in Clark, Philippines?
This resort hotel is different from other hotels in Clark Philippines or hotel in Angeles City. This Clark Freeport Hotel has large space for children to play and adults to enjoy some peace and quiet in the picnic grounds near the lake. Clark Philippines is lucky to have such a hotel. Travel agencies think it is also a nice event venue for company outings, wedding, team building and planning session in the Philippines. They don’t think Angeles City, Manila or Subic has event venues like those in this beach resort in Pampanga.
New camping sites and picnic grounds in Philippines are now available for family outings in Philippines at Yats Clearwater Resort & Country Club in Pampanga Angeles City near Manila Philippines. Just bring camping equipment and enjoy the fun and ambience of outdoor living camping in Angeles City Philippines under safe, secured and clean conditions.
Clearwater is a highly recommended and most frequently visited place of leisure that is a private resort in Pampanga. This Clark hotel is a famous leisure destination outside of Manila for corporate planning because of its exclusivity. Clark is home to some of the best golf courses in Pampanga. Although golf continues to be one of the reasons why visitors from Manila travel to Pampanga, residents of Angeles City, Subic and Bulacan travel to Clark not just to play golf in one of the best golf courses in Pampanga but also to relax and unwind in the best resort in Philippines.
This breakfast garden café is absolutely the most idyllic restaurant in Angeles City Clark Philippines. You named it right – Clearwater Breakfast Garden and Café. This is exactly what Clark Freeport needs, a nice simple bistro café where one can get good quality breakfast and enjoy the food in peace at leisure pace. This is the best hotel restaurant in Angeles City Clark Philippines and the eggs Benedict as well as American Breakfast and the pancakes are really world-class.
Considered by travel agencies and event organizers as the best resort in Clark Pampanga, Clearwater plays host to many functions and events from Manila and Angeles City each year including weddings, team building, company outings, family bonding, prenuptials, debuts and many other social and corporate functions. Manila event organizers and Angeles City travel agencies choose this top rated hotel in Pampanga not only for its amenities and beautiful ambience but also because Clark is the safest location for a choice of destinations near Manila. Each year, more than 90 events are held in this popular resort in Angeles City Pampanga including team building, wedding, garden receptions, debut, company outing, field trip, school outings, retreats and family bonding.
For inquiries and bookings, Please click here to contact Clearwater Resort for inquiries and reservations now
Clearwater Resort and Country Club, Clark Pampanga
Creekside Road near Centennial Expo,
Clark Freeport, Pampanga Philippines 2023
(045) 889-5151 0917-520-4403 0922-870-5177
Joanne or Jeremy or Loydha
Getting to this lake and beach resort in Pampanga Angeles City Clark Philippines
After entering Clark Freeport from Dau and Angeles City, proceed straight along the main highway MA Roxas, passing the stand-along wine shop called Clark Wine Center on the right, continue to bear right making no turns at all, go past Mimosa Leisure Estate on the opposite side of the road, one will hit a major intersection. Go straight and the road becomes Creekside Road. YATS Clearwater Resort and Country Club is on the right just 200m down.
http://www.ClearwaterPhilippines.com
Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
(632) 637-5019 0917-520-4393 Rea or Chay
Email: Inquiry@ClearwaterPhilippines.com
Please click here to contact Clearwater Resort to reserve a venue for your upcoming event now
Wedding couples looking for wedding reception venues and beach wedding venues can log on to this Philippines Wedding Venue web site for free information and assistance:
http://www.PhilippinesWeddingVenue.com
While in Clark, it might be a good idea to enjoy an evening of wine-and-dine in the fine dining Yats Restaurant and Wine Bar that features an award winning 2700-line wine list. It is located in Mimosa Leisure Estate of Clark Freeport Zone. For more information, visit http://www.YatsRestaurant.com
YATS Leisure Philippines is a developer and operator of clubs, resorts and high-class restaurants and wine shops in Clark Angeles Philippines http://www.YatsLeisure.com
While in Clark, one might as well add to the itinerary a visit to the famous Clark Wine Center, the largest wine shop in Philippines which offers over 2000 selections of fine vintage wine from all wine regions, vintages spanning over 50 years covering all price ranges.
http://www.ClarkWineCenter.com
Looking for famous tourists spots, places to visit and see, relax and unwind in Clark, Pampanga, Philippines? You may want to check out these sites also:
http://www.HotelClarkPhilippines.com
http://www.ClarkPhilippines.com
http://www.YatsWineCellars.com
For jobs and business investment opportunities in the Philippines please visit http://www.yilp.com
Hot Line for what’s happening in Clark: 045 889-5151 or 0927-940-2669 ask for Loydha
0915-542-6250 (Jeramie)
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