NO. 29372


IN THE SUPREME COURT OF THE STATE OF HAWAI‘I



ESTATE OF FRANCISCO SISON, JOSE MARIA SISON, and
JAIME PIOPONGCO, Plaintiffs-Appellants,
vs.
ESTATE OF FERDINAND E. MARCOS, Defendant-Appellee.



ORIGINAL PROCEEDING




ORDER ON CERTIFIED QUESTION
(By: Moon, C.J., Nakayama, and Duffy, JJ.,
Intermediate Court of Appeals Judge Leonard, in place
of Levinson, J., recused, and Intermediate Court
of Appeals Judge Fujise, in place of Acoba, J., recused)

Upon consideration of the order of the United States District Court for the District of Hawai‘i requesting the Supreme Court of the State of Hawai‘i to answer the certified question, it appears that the question is amenable to answer by this court pursuant to Hawai‘i Rules of Appellate Procedure (HRAP) Rule 13. Therefore,

IT IS HEREBY ORDERED, without conclusively determining whether this court will answer the question, that:

    1.     Pursuant to HRAP Rule 28(e), plaintiffs Estate of Francisco Sison, Jose Maria Sison, and Jaime Piopongco are designated the appellants for purposes of this proceeding and shall pay the required filing fee for an original proceeding in this court.

    2.     Defendant Estate of Ferdinand E. Marcos is designated the appellee for this proceeding.

    3.     Pursuant to HRAP Rule 13(c), Plaintiffs-Appellants shall make all necessary arrangements with the clerk of the United States District Court for the District of Hawai‘i to transmit the original or certified copies of the pending federal court case to this court. It shall be the responsibility of Plaintiffs-Appellants to ensure that the record is received in this court within thirty days from the date of this order.

    4.     After the record is filed in the supreme court, Plaintiffs-Appellants shall file an opening brief within the time provided by HRAP Rule 28(b). The opening brief shall conform to the format and content requirements of HRAP Rule 28, insofar as applicable. A statement of jurisdiction pursuant to HRAP Rule 12.1 is not necessary.

    5.     Thereafter, Defendant-Appellee shall file an answering brief within the time provided by HRAP Rule 28(c). The answering brief shall conform to the format and content requirements of HRAP Rule 28, insofar as applicable.

    6.     Plaintiffs-Appellants may file a reply brief in accordance with HRAP Rule 28(d).

DATED: Honolulu, Hawai‘i,October 15, 2008.