ESTATE OF ROXAS v. Marcos

202 P.3d 584, 120 Haw. 123, 2009 Haw. App. LEXIS 55
CourtHawaii Intermediate Court of Appeals
DecidedFebruary 12, 2009
Docket28702
StatusPublished
Cited by2 cases

This text of 202 P.3d 584 (ESTATE OF ROXAS v. Marcos) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ESTATE OF ROXAS v. Marcos, 202 P.3d 584, 120 Haw. 123, 2009 Haw. App. LEXIS 55 (hawapp 2009).

Opinions

Opinion of the Court by

FOLEY, J.

Defendant-Appellant Imelda Marcos (Imelda) appeals from the “Order Granting (1) Plaintiffs’ Motion for Extension of Fourth Amended Judgment Filed on September 6, 2001, Filed on May 8, 2007 [and] (2) Plaintiffs’ Motion for Extension of Second Amended Judgment Filed on October 18, 1999, Filed on May 8, 2007” (Order) filed on July 24, 2007 in the Circuit Court of the First [124]*124Circuit (circuit court).1 The circuit court extended the expiration dates of the Second Amended Judgment until October 17, 2019 and the Fourth Amended Judgment until September 5, 2021.

On appeal, Imelda argues that the circuit court erred (1) in finding that the Second Amended Judgment and Fourth Amended Judgment (collectively, the Second and Fourth Amended Judgments) constituted original judgments to which extensions could be granted pursuant to Hawaii Revised Statutes (HRS) § 657-5 (Supp.2008) and (2) by granting the Motion for Extension of Second Amended Judgment and the Motion for Fourth Amended Judgment filed by Plaintiffs-Appellees The Estate of Roger Roxas (Roxas Estate) and The Golden Budha Corporation (GBC) (collectively, the Roxas Parties).

I.

On January 24, 1971, Roger Roxas (Roger), a locksmith and treasure hunter, discovered the legendary ‘Yamashita Treasure,” which had been buried in the Philippines by Japanese troops during World War II. Roxas v. Marcos, 89 Hawai'i 91, 100-01, 969 P.2d 1209, 1218-19 (1998).2 Individuals under the direction of Ferdinand Marcos (Ferdinand) stole part of the Yamashita Treasure in Roger’s possession, arrested Roger on May 18, 1971, and subsequently tortured Roger. Id. at 102-03, 969 P.2d at 1220-21.

On June 3, 1986, Roger assigned all of his rights to the Yamashita Treasure to GBC, in exchange for a minority holding of non-voting shares. Id. at 107, 969 P.2d at 1225.

On February 19, 1988, Roger and GBC filed suit against Ferdinand and Imelda (collectively, the Marcos Parties). Id. at 109, 969 P.2d at 1227. Roger sued Ferdinand individually for false imprisonment and battery. Id. GBC asserted claims against the Marcos Parties for conversion, constructive trust, and fraudulent conveyance of the stolen treasure. Id. On September 29, 1989, Ferdinand died during the litigation, and the parties subsequently stipulated to substitute Imelda as his estate’s personal representative. Id. at 109 & 111, 969 P.2d at 1227 & 1229. Roger also died during the litigation, and Felix Dacanay (Dacanay) as the personal representative of the Roxas Estate was substituted for Roger as a party plaintiff. Id. at 107 & 109, 969 P.2d at 1225 & 1227.

Pursuant to a jury verdict, the circuit court entered a Judgment on August 28, 1996 (the August 28, 1996 Judgment) in favor of Daca-nay as Personal Representative of the Roxas Estate and against Ferdinand on the false imprisonment and battery claims and in favor of GBC and against Ferdinand on the conversion claim. Id. at 114, 969 P.2d at 1232. The circuit court entered judgment in favor of Imelda and against the Roxas Parties on all claims asserted against her. Id.

On October 21, 1996, the circuit court entered an Amended Judgment in favor of Da-canay as Personal Representative of the Rox-as Estate and against Imelda as Personal Representative of the Estate of Ferdinand Marcos (Ferdinand’s Estate) on the false imprisonment and battery claims, awarding the Roxas Estate $6 million in damages; in favor of GBC and against Imelda as personal representative of Ferdinand’s Estate on the conversion claim, awarding GBC over $22 billion for “one storage area” of gold bullion, $1.4 million for a golden Buddha statue and seventeen gold bars, and $18,517,346,893.15 in prejudgment interest; in favor of the Roxas Parties and against Imelda as personal representative of Ferdinand’s estate for costs; and in favor of Imelda, in her individual capacity, and against GBC on the conversion, constructive trust, and fraudulent conveyances claims against her. Id. at 113-14 & 157, 969 P.2d at 1231-32 & 1275. Imelda appealed from the Amended Judgment, and the Roxas Parties cross-appealed. Id. at 99, 969 P.2d at 1217.

On November 17, 1998, the Hawaii Supreme Court issued Roxas, in which it affirmed, reversed, and vacated and remanded portions of the Amended Judgment as follows:

[125]*125[W]e (1) reverse that portion of the circuit court’s amended judgment awarding GBC $22,000,000,000.00 for “one storage area” of gold bullion, (2) vacate those portions of the amended judgment (a) entering judgment in favor of the plaintiffs-appellees [the Roxas Parties] and against Imelda, in her capacity as personal representative of the Marcos Estate, (b) awarding GBC $1,400,000.00 in damages for conversion of the golden buddha statue and the seventeen gold bars, and (e) entering judgment in favor of Imelda and against the plaintiffs-appellees on GBC’s claim for constructive trust, and (3) remand the matter to the circuit court for (a) the entry of judgment against Imelda in her personal capacity, to the extent of her interest in the Marcos Estate, on the Roxas Estate’s claims of battery and false imprisonment, and GBC’s claim of conversion against Ferdinand, (b) a new trial on the value of the converted golden buddha statue and seventeen gold bars, (c) an award of prejudgment interest on the damages awarded as a consequence of the conversion of the golden buddha and seventeen gold bars, commencing from the date corresponding to the value of the gold assigned by the jury, and (d) further proceedings, to the extent necessary, on GBC’s equitable claim against Imelda, in her personal capacity, for constructive trust. In all other respects, the circuit court’s amended judgment is affirmed.

Id. at 157, 969 P.2d at 1275.

On remand, the circuit court entered on October 18, 1999 a Second Amended Judgment, in which the circuit court entered judgment “in favor of [Daeanay] as personal representative of the [Roxas Estate] in the amount of $6 million in general damages for false imprisonment and battery against Imelda Marcos in her personal capacity, to the extent of her interest in the Marcos Estate.” The circuit court ordered that “[t]his judgment is entered nunc pro tunc as of October 21, 1996” (the date of the Amended Judgment).

On June 26, 2000, the circuit court entered a Third Amended Judgment, in which the court awarded GBC damages and interest for conversion of the golden Buddha statue and seventeen gold bars against Imelda “in her personal capacity, to the extent of her interest in the Marcos Estate.” The circuit court ordered that “[t]his Third Amended Judgment is entered nunc pro tunc as of October 21, 1996.” The circuit court did not certify the judgment for appeal.

On September 6, 2001, the circuit court entered a Fourth Amended Judgment, nunc pro tunc as of October 21, 1996, amending the Second Amended Judgment. The circuit court held in favor of GBC and against Imelda “in her personal capacity, to the extent of her interest in the Marcos Estate” on the conversion claim, awarding in excess of $13 million in damages and prejudgment interest. The circuit court also reserved the constructive trust claim against Ferdinand for later action.

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Related

Estate of Roxas v. Marcos
214 P.3d 598 (Hawaii Supreme Court, 2009)
ESTATE OF ROXAS v. Marcos
202 P.3d 584 (Hawaii Intermediate Court of Appeals, 2009)

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Bluebook (online)
202 P.3d 584, 120 Haw. 123, 2009 Haw. App. LEXIS 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-roxas-v-marcos-hawapp-2009.