Hawaii SC junks appeal of ‘Buddha’ owner’s heirs vs Marcoses

The Supreme Court of Hawaii has dismissed an appeal of a Filipino treasure hunter’s heirs seeking to reverse a lower court ruling on their claims for damages against the estate of the dictator Ferdinand Marcos.

The case revolves around a supposed golden Buddha statue and several gold bars which the late treasure hunter Rogelio Roxas claimed were part of the fabled Yamashita treasure, named after Japanese general Tomoyuki Yamashita, who had command of Japanese forces in the Philippines during the latter part of World War II.

Roxas alleged that he found the statue in the 1970s, at the height of the brutal martial law era, and it was forcibly taken from him by Marcos.

The treasure was believed to have come from booty looted by Japanese forces during their march across Asia.

Roxas died in 1993 while Marcos died during exile in Hawaii in 1989 but Roxas’ heirs pursued the case.

Roxas’ estate was seeking a reversal of a lower court ruling that put a ceiling on their claims for damages but the Hawaii supreme court, in a ruling dated Dec. 19, 2005, upheld its Nov. 9, 2005 ruling that earlier denied their appeal.

The STAR tried to get in touch with the lawyers of both parties but their offices were still on holiday break.

Likewise, The STAR contacted yesterday former first lady Imelda Marcos but her secretary asked that a written question be sent to the former dictator’s widow.

"Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised, we affirm the Sept. 6, 2001, fourth amended judgment of the circuit court for the following reasons," the high court of Hawaii stated in its Nov. 29 ruling.

The Sept. 6, 2001, ruling reversed a portion of the circuit court’s amended judgment awarding Roxas’ estate, Golden Buddha Corp., $22 billion for "one storage area" of gold bullion and awarding it $1.4 million in damages for the Buddha statue and gold bars.

The court cited six reasons, one of which stated: "Inasmuch as Roxas’ inability to file suit for 15 years is attributable, at least in part, to Ferdinand Marcos’ constitutional immunity…and does not necessarily imply Roxas’ inability to enter the gold market for 15 years, the circuit court did not clearly err in establishing a reasonable period ending before 1986."

"Inasmuch as the record contains substantial evidence that between May 18, 1971 and Nov. 19, 1974 (30 days before the end of the circuit court’s reasonable period, Roxas was arrested, detained, threatened, and tortured… the circuit court did not clearly err in finding that Roxas was ‘in fear for his safety, in custody, or in hiding’ — and consequently unable to cover his loss — for more than 30 days after the raid."

Marcos was ousted in February 1986 by a popular uprising and fled to exile in Hawaii.

Roxas sued the Marcoses in Hawaii and in the Philippines. He first filed suit on Feb. 19, 1988, accusing Marcos of stealing the Buddha statue from him and torturing him in prison.

Marcos claimed that he found the statue and argued that he enjoyed immunity from suit because he was a head of state.

Marcos died on Sept. 29, 1989, but his widow, Imelda, and son Ferdinand Jr. took his place in the case. Roxas died on May 25, 1993. His brother, Jose, continued the drawn-out legal battle.