{"id":870,"date":"2013-08-26T22:39:25","date_gmt":"2013-08-26T22:39:25","guid":{"rendered":"http:\/\/hawaiiankingdom.org\/blog\/?p=870"},"modified":"2013-08-26T22:40:39","modified_gmt":"2013-08-26T22:40:39","slug":"oha-trustee-apoliona-among-others-reported-for-war-crimes-by-filipino-citizen","status":"publish","type":"post","link":"https:\/\/hawaiiankingdom.org\/blog\/oha-trustee-apoliona-among-others-reported-for-war-crimes-by-filipino-citizen\/","title":{"rendered":"OHA Trustee Apoliona, among Others, Reported for War Crimes by Filipino Citizen"},"content":{"rendered":"

\"Press<\/a><\/h2>\n

KAILUA, O\u2018AHU, August 26, 2013 \u2014 On August 15, 2013, a complaint<\/a> for war crimes was filed with the Philippine government on behalf of my client, Mrs. Maria Alma Pilapil, pursuant to Philippine Republic Act no. 9851 (2009), known as the \u201cPhilippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity<\/a>,\u201d with the Philippines Consulate in Honolulu. The complaint alleges that the war crimes of \u201cunfair trial\u201d and \u201cpillaging\u201d were committed against Mrs. Pilapil by Circuit Judge Ronald Ibarra, Bank of Hawai\u2018i officers and directors Peter M. Biggs, Sharon M. Crofts, Wayne Y. Hamano, Kent T. Lucien, Mark A. Rossi, Mary E. Sellers, Donna A. Tanoue, Haunani Apoliona, Mary G.F. Bitterman, Mark A. Burak, Michael J. Chun, Clinton R. Churchill, David A. Heenan, Peter S. Ho, Robert Huret,\u00a0 Martin Stein, Donald M. Takaki, Barbara J. Tanabe, Raymond P. Vara, Jr., Robert W. Wo, and Alton T. Kuioka. Also named in the complaint is Mitzi A. Lee, attorney for Bank of Hawai\u2018i, attorney Robert D.S. Kim, Kevin Shiraki, Jeannie Jorg Domingo, and Lieutenant Patrick Kawai of the State of Hawai\u2018i Department of Public Safety Sheriff\u2019s Department, Hawai\u2018i Division, to include his superiors and deputies.<\/p>\n

When Mrs. Pilapil, also known as Maria Alma Barbaso Schwartz, wife of Stephen Michael Schwartz, a U.S. citizen, took out a loan from Bank of Hawai\u2018i with her husband, Bank of Hawai\u2018i required the Schwartz\u2019s to purchase a title insurance policy in the amount of the money borrowed, which was $1,499,999.00. The Schwartz\u2019s paid a premium of $3,735.00 to Title Guaranty of Hawai\u2018i. Title insurance insures the accuracy of the title search done by Title Guaranty of Hawai\u2018i, and if the search is inaccurate and the title to the property is defective, the insurance pays off the balance of the loan. Evidence of a defect in title produced by Laulima Title Search and Claims, LLC, was provided to Bank of Hawai\u2018i, but it was willfully disregarded and the foreclosure proceedings continued.<\/p>\n

A motion to dismiss was filed during the foreclosure proceedings based on evidence that the court is unlawful, under both international law and United States constitutional law, as a result of the United States illegal overthrow of the Hawaiian Kingdom government on January 17, 1893, and its prolonged and illegal occupation since the Spanish-American War in 1898. Mitzi Lee, attorney for Bank of Hawai\u2018i, provided no rebuttal evidence, and, without cause, Judge Ronald Ibarra denied the motion. This action constituted an \u201cunfair trial\u201d and a criminal complaint was filed with the Hawai\u2018i Police Department and the International Criminal Court. On June 29, 2013, Bank of Hawai\u2018i \u201cpillaged\u201d my clients\u2019 property with the assistance of Lieutenant Kawai of the State of Hawai\u2018i Sheriff\u2019s Department. The eviction was based on an unlawful order stemming from a court that did not have lawful authority in the Hawaiian Islands. My clients\u2019 possession was valued at $2.2 million dollars.<\/p>\n

In 2009, the Congress of the Philippines enacted the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity<\/i>. In this Act the \u201cState shall exercise jurisdiction over persons, whether military or civilian, suspected or accused of a crime defined and penalized in this Act, regardless of where the crime is committed, provided\u2026the accused has committed the said crime against a Filipino citizen.\u201d The war crimes of \u201cunfair trial\u201d and \u201cpillaging\u201d are punishable offenses under the Act, and since the alleged crimes were committed outside of Philippine territory the alleged perpetrators are subject to extradition to the Philippines under the 1994 U.S.-Philippines Extradition Treaty<\/i><\/a> (1994 U.S.T. Lexis 185). According to the Act:<\/p>\n

\u201cThe most serious crimes of concern to the international community as a whole must not go unpunished and their effective prosecution must be ensured by taking measures at the national level, in order to put an end to impunity for the perpetrators of these crimes and thus contribute to the prevention of such crimes, it being the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes.\u201d<\/p>\n

Once the warrant for war crime(s) have been charged, my client demands the alleged perpetrators be extradited to the Philippines for prosecution to the full extent of the law.<\/p>\n","protected":false},"excerpt":{"rendered":"

KAILUA, O\u2018AHU, August 26, 2013 \u2014 On August 15, 2013, a complaint for war crimes was filed with the Philippine government on behalf of my client, Mrs. Maria Alma Pilapil, pursuant to Philippine Republic Act no. 9851 (2009), known as … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[6,4],"tags":[],"class_list":["post-870","post","type-post","status-publish","format-standard","hentry","category-treaties","category-war-crimes"],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p31YBQ-e2","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/870","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/comments?post=870"}],"version-history":[{"count":3,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/870\/revisions"}],"predecessor-version":[{"id":874,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/870\/revisions\/874"}],"wp:attachment":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/media?parent=870"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/categories?post=870"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/tags?post=870"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}