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The Republic of the Philippines v. Marcos

862 F.3d 1355 (1988)

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The Republic of the Philippines v. Marcos

United States Court of Appeals for the Ninth Circuit
862 F.3d 1355 (1988)

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Facts

The Republic of the Philippines (the Republic) (plaintiff) sued its own former president—Ferdinand Marcos—and Marcos’s wife (defendants) in the United States on allegations of fraud, transportation of stolen property, and conversion of public money that gave rise to civil liability under the Racketeer Influenced and Corrupt Organizations Act (RICO). The actions alleged by the Republic occurred during the 20 years that Marcos acted as president of the Philippines. While the lawsuit was pending, the district court entered an order enjoining Marcos and his wife from disposing of their assets. Marcos appealed, claiming that the allegations against him were not reviewable because they were acts of state over which American courts did not have authority and because adjudication of the allegations would involve political questions. A panel of the United States Court of Appeals for the Ninth Circuit reversed the order. The court sitting en banc took the issue for consideration.

Rule of Law

Issue

Holding and Reasoning (Noonan, J.)

Concurrence/Dissent (Schroeder, J.)

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