Braving a $353 million contempt judgment by a United States Federal Court, President Ferdinand Marcos Jr. has stepped on American soil once again. Three decades after his family's forced exile in Hawaii, PBBM is back as a head of state and the symbol of Philippine sovereignty.

As he attends the United Nations 77th General Assembly and holds bilateral meetings with world leaders, the President carries the aspirations of 110 million Filipinos, especially the goodwill of 31 million voters who made him the first majority president since the 1980s. His working visit to the United States bears close watching.

Immunity from local jurisdiction

PBBM, as an executor of the estate of the late President Marcos Sr., has a pending bench warrant for contempt issued by the Hawaii District Court. The contempt judgment is for the failure of the estate to pay the $2 billion in exemplary and compensatory damages to the victims of human rights abuses during the term of the elder Marcos. In 1995, the same Honolulu court handed down the monetary judgment in favor of the complainants.

The Hilao vs Marcos class suit was filed under the Alien Torts Statute, which allows non-US citizens to file civil lawsuits against individuals who commit the most serious crimes, such as torture and genocide, against international law. The American lawyer for the complainants was quoted that he would do everything to have the contempt judgment enforced against the President. It could lead to PBBM being subpoenaed by the Hawaii District Court to face questions regarding the assets of the Marcoses. He would also need to pay the judgment on contempt amounting to $353 million. The court has extended the contempt judgment until 2031.

The US executive branch, meantime, has promised to accord sovereign immunity to our President. After all, sovereign immunity from suits and jurisdiction is a recognized principle of customary international law. Further, heads of state are accorded certain privileges and immunities under international law. Contravening these violates the principle of sovereign equality of United Nations members as stipulated under Article 2 of the UN Charter.