MANILA, Philippines - The plagiarism controversy hounding University of the Philippines (UP) professors has virtually overshadowed the case that triggered it: the decision penned by Associate Justice Mariano Del Castillo dismissing the petition of Filipinos who were abused during World War II.

Supposed portions of the lifted phrases from international journals were in support of the grant of reparation for Filipinos war-time victims.

Citizens included in the petition, among them residents of Barangay Malaya, had asked the high court to compel the executive branch to urge the Japanese government to give reparation to Filipino victims of World War II.

Saying the Supreme Court (SC) seemed to have been side-tracked from the real issue, by getting on the case of UP professors who criticized Castillo over his decision, petitioners now urge the high court to decide on their supplemental motion for reconsideration with dispatch.

"We hope the Supreme Court will resolve case in favor of the lolas and stop all this diversionary tactics, and diverting the issue to the lawyers who've been supporting the case of the lolas," Atty. Virginia Pinlac, legal counsel of World War II survivors said on ANC's "The Rundown" on Tuesday.

She noted the irony, considering the speed with the SC issued the show cause order against the UP professors.

Pinlac, who is also chairperson of "Kaisa Ka" or "Pagkakaisa ng Kababaihan Para sa Kalayaan" says, they filed the supplemental motion because crimes against people, including sexual abuse and terrorism, were not included in the Treaty of Peace that existed back then and only counted structural damage from war.

Pinlac laments how Philippines does not actively pursue its obligation to prosecute crimes against humanity which is in violation of international law.

Citing how Japan has thrown out more than 85 cases involving wartime abuses against Filipinos, they now call on President Aquino to intercede in their case and prod the Japanese government to apologize for the country's past misdeeds and give Filipino victims legal compensation.

Call for executive intercession

"We are thinking of writing to PNoy asking him to represent the lolas without awaiting the SC resolution. It's the obligation of the President to protect citizens. At the time we filed the case, that was our heed -- for the present government to finally represent the lolas and ask the Japanese government to genuinely apologize and pay for legal compensation."
 
"The Malaya lolas (grandmothers) are citizens of the Philippines. As citizens, the government has the responsibility to protect them. The lolas should be represented in their claim from the Japanese government. This is a violation of international law. This is a crime against humanity and every state has the obligation to prosecute all violators of international law and all violators of humanitarian law," she adds.

Pinlac says they were forced to file a mandamus case after then President Gloria Arroyo refused to represent the Malaya lola, victims of military sexual violence or terrorism. Pinlac clarifies, the case of Mapaniqui is not simply a case of rape against so-called comfort women.

Mapaniqui siege

"This is a siege against Mapaniqui which is known as the seat of the Hukbalahap therefore the victims are not only women, men are also victims."

In 1942, during World War II, the Hukbalahap or Hukbo ng Bayan Laban sa mga Hapon was formed literally to serve as the people's army against the Japanese occupation.

To this day, 65 years since World War II, Isabelita Vinuya, a victim and survivor of Japanese war-time abuses, remembers the atrocities vividly.

"On November 23, 1944, we awoke to bombs in Mapanique. All the homes were raides and divested of valuables," recalled Vinuya, who was then 13 years old. They were ordered to bring the valuables to the Bahay na Pula in San Ildefonso.

"The men were tied, more that 30 of them were tortured, some some hung upside down, their sex organs were cut off and fed to them, and they forced to admit they were guerrillas," Vinuya says. She adds that her father was subjected to water torture, while her brother lost his teeth and became disfigured after being subjected to severe beatings.

Now, 79-years old, Vinuya says, only 51 of the original 92 petitioners are still alive today, most of them are bed-ridden and ailing.

"Nananawagan po kami sa ating mahal na Pangulo na sana yung mga pinangako niya nung siya'y kasalukuyang kumakampaniya: sabi niya mamamayan ang kaniyang boss. Sana kami ay kaniyang tulungan, tangkilikin, at panindigan niya yung sinabi niya para makuha namin ang hustisya (I'm calling on the President to live up to his promise and help us get justice)", Vinuya says.

She notes that just before All Saints' Day, one of the petitioners passed away.

Case against Japanese abuses

Today, Pinlac says they continue to bring the case of Filipino war-time victims to Japan's doorstep.

"We have a petition before the Diet (parliament) in Japan. We do not want financial assistance for the Lolas. We want legal compensation and genuine public apology. We want them to admit their wrongdoing. Until now the Japanese government is not doing this despite the demand by several countries, like Canada, European Union, Denmark, Taiwan, and Korea. Lahat ito nagdedemand at meron nang resolution," Pinlac says.

Pinlac adds they have also built alliances with Japanese networks and organizations who are hopeful of a positive resolution to their case.

She says several lawmakers have been supporting the move for legal compensation for all victims of World War II. While crimes against humanity are not prescribed in the Treaty of Peace, Pinlac says legal compensation would still be possible if a new law demands it.

"It's been more than 65 years. It's high time that Japan resolves its post-war issues and its high time this government finally represents and protects its citizens."