November 08, 2016

SC allows hero’s burial for Marcos

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  • The Marcoses finally get what they’ve been asking for the past 30 years: their patriarch, Ferdinand Marcos, Sr. will finally be laid to rest at the Libignan ng mga Bayani (Heroes’ Cemetery).

    In what can be considered as a landmark decision for the Supreme Court (SC), they declared that there was no legal basis for the 3 petitions filed by martial law victims, lawmakers, and concerned citizens in stopping the burial of the former strongman in the Heroes’ Cemetery.

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    WILL HE BE FINALLY LAID TO REST? After decades of being “left unburied”, former Philippine President Ferdinand Marcos, Sr. will be buried at the Libingan ng mga Bayani after the SC voted to dismiss the petitions filed against his burial. File photo, taken by Valerie Diño

    The court dismissed the petitions and lifted the status quo ante order (SQA), which was extended twice over the course of the hearings. Nine Associate Justices voted for the dismissal of the petitions to block the burial, namely Arturo Brion, Presbitero Velasco, Jr., Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Jose Perez, Teresita de Castro, Jose Mendoza, and Estela Perlas-Bernabe.

    Five justices agreed to the points raised by petitioners: Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio Carpio, and Associate Justices Marvic Vario Victor Leonen, Francis Jardeleza, and Alfredo Benjamin Caguioa.

    Associate Justice Bienvenido Reyes chose to inhibit himself from the case, as he was the former lawyer of former President Benigno Aquino III and a fraternity brother of President Rodrigo Duterte at the San Beda College of Law.

    SC Spokesperson Theodore Te announced some of the reasons given by the justices who allowed the burial of Marcos during a press briefing held after the SC gave its decision:

    • There was no grave abuse of discretion on the part of President Duterte in ordering the burial of Marcos; there is no that prohibits the burial of the former president
    • The President has the power to decide on the use of land within the public domain; there is no law that excludes the Libingan ng mga Bayani
    • Marcos was former commander-in-chief, former soldier, and former Secretary of National Defense
    • Some justices disagreed with the position articulated by others that the former president was dishonorably discharged; this applies only to the military
    • On the issue of moral turpitude: Marcos has not been convicted by any final judgment and the cases cited were civil in nature

    The justices are expected to give a release of the decision along with the opinions of the justices by November 10.

     

    Source: The Big Story – Associated Press, Rappler, CNN Philippines, ABS-CBN News, Manila Bulletin

               
               
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