Anda di halaman 1dari 10

Saturnino C. Ocampo, et al. v. Rear Admiral Ernesto C.

Enriquez, LNMB is located from the use it was originally intended by the past
et al. Presidents. The allotment of a cemetery plot at the LNMB for Marcos
as a former President and Commander-in-Chief, a legislator, a
DOCTRINE OF THE CASE: Secretary of National Defense, military personnel, a veteran, and a
Medal of Valor awardee, whether recognizing his contributions or
While the Constitution is a product of our collective history as a
simply his status as such, satisfies the public use requirement.
people, its entirety should not be interpreted as providing guiding
principles to just about anything remotely related to the Martial Law Facts: During 2016 presidential campaign, Duterte publicly
period such as the proposed Marcos burial at the LNMB. announced he would allow the burial of Marcos in LNMB. After
winning the elections, through Sec. of National Defense Lorenzana, a
To apply the standard that the LNMB is reserved only for the "decent
Memorandum was issued to Chief of Staff of AFP, Gen. Visaya, for the
and the brave" or "hero" would be violative of public policy as it will
interment of Marcos, in compliance with the verbal order of the
put into question the validity of the burial of each and every mortal
President to implement his election campaign promise. AFP rear
remains resting therein, and infringe upon the principle of separation
Admiral Enriquez issued directives to the Philippine Army
of powers since the allocation of plots at the LNMB is based on the
Commanding General to provide services, honors, and other
grant of authority to the President under existing laws and
courtesies for the late Former President Marcos. Dissatisfied with the
issuances and directives, various petitioners filed petition for
Dishonorable discharge through a successful revolution is an extra- Certiorari and Prohibition.
constitutional and direct sovereign act of the people which is beyond
- Saturnino Ocampo, et. al., in their capacity as human rights
the ambit of judicial review, let alone a mere administrative
advocates and human rights violations victims
regulation. It is undeniable that former President Marcos was forced
- Rene Saguisag and his son, as members of the Bar and
out of office by the people through the so-called EDSA Revolution.
human rights lawyers
Said political act of the people should not be automatically given a
- Edcel Lagman, as member of Congress
particular legal meaning other than its obvious consequence - that of
- Loretta Pargas-Rosales, former Chairperson of CHr, as
ousting him as president. To do otherwise would lead the Court to
victims of State-sanctioned human rights violations during
the treacherous and perilous path of having to make choices from
martial law
multifarious inferences or theories arising from the various acts of
- Heherson Alvarez, former Senator, as concerned citizens and
the people.
- Zaira Baniaga, as concerned citizens and taxpayers
Moreover, under the Administrative Code, the President has the
- Algamar Latiph, former chairperson of regional human rights
power to reserve for public use and for specific public purposes any of
commission ARMM, on behalf of Moros who are victims
the lands of the public domain and that the reserved land shall
during martial law
remain subject to the specific public purpose indicated until
- Leila De Lima, as Senator
otherwise provided by law or proclamation. At present, there is no law
or executive issuance specifically excluding the land in which the Issues:
PROCEDURAL Even though there are exceptions that would warrant a direct resort
to the Supreme Court under exceptional cases, the petitioners cannot
1. Whether Pres. Dutertes determination to have the brush aside the doctrine of Hierarchy of Courts that requires such
remains of Marcos interred at LNMB poses a justiciable petitions to be filed first with the proper RTC which are not only trier
controversy of facts but can also resolve questions of law in the exercise of its
original and concurrent jurisdiction over petitions for certiorari,
NO. The Court agrees with the OSG that Pres. Dutertes decision to
prohibition and mandamus, and has the power to issue restraining
have the remains of Marcos interred at the LNMB involves a political
order and injunction when proven necessary.
question that is not a justiciable controversy. It is also under the
Constitution and EO 292 (Admin Code of 1987) to allow the In fine, the petitions at bar should be dismissed on procedural
interment in LNMB which is a land of public domain devoted for grounds alone.
national military cemetery and military shrine purposes. It is based
on his wisdom that it shall promote national healing and forgiveness. SUBSTANTIVE
It is outside the ambit of judicial review.
1. Whether the issuance and implementation of the
2. Whether petitioners have locus standi to file the instant memorandum violates the Constitution, domestic and
petitions international law

NO. Petitioners failed to show that they have suffered or will suffer NO. The Presidents decision to bury Marcos at the LNMB is in
direct or personal injury as a result of the interment of Marcos at the accordance with the Constitution, the law or jurisprudence.
LNMB. The interment of Marcos would have no profound effect on the
Laws and Constitutional provisions cited by petitioner:
political, economic, and other aspects of our national life considering
that more than 27 years since his death and 30 years after his ouster Art. II: Sec. 2, 11, 13, 23, 26, 27, and 28 not self-executory
have already passed. Petitioners failed to demonstrate a clear and
imminent threat to their fundamental constitutional rights Art. VII: Sec. 17 Faithful execution clause, it is consistent with
President Dutertes mandate, the burial does not contravene RA 289,
3. Whether petitioners violated the doctrines of exhaustion RA 10368, and the international human rights laws cited by
of administrative remedies and hierarchy of courts petitioner

YES. Petitioners violated the doctrines of exhaustion of administrative Art. XIV: Sec. 3(2) reliance in this provision is misplaced it refers to
remedies and hierarchy of courts. They should seek reconsideration duty of educ institutions to teach values of nationalism and
of the assailed memorandum and directive before the Secretary of patriotism and respect for human rights
National Defense and give them the opportunity to correct
Art. XI: Sec. 1 not self-executory but RA 6713 (Code of Conduct and
themselves, if warranted. If petitioners are still dissatisfied with the
Ethical Standards for Public Officials and Employees), RA 7080
Secretarys decision they could have elevated it before the Office of
the President which has control and supervision of the DND.
(Penalizing Plunder), RA 9485 (Anti-red Tape Act) was enacted admit it or not, the lessons of Martial Law are already engraved,
pursuant to this albeit in varying degrees, in the hearts and minds of the present
generation of Filipinos.
Art. XVIII: Sec. 26 transitory provision and freeze order to recover ill-
gotten wealth 2. Whether the Sec. of National Defense and AFP rear
admiral commited grave abuse of discretion when they
RA 289 authorized the construction of a National Pantheon as a
issued the memorandum and directive in compliance with
burial place for Presidents, National Heroes, and Patriots for the
the verbal order of Pres. Duterte to implement his
perpetuation of the memory and for the inspiration and emulation of
this generation and of generations still unborn. election campaign promise of Marcos interment in LNMB

Petitioners failed to provide legal and historical bases that LNMB and The Presidents decision to bury Marcos at the LNMB is not done
National Pantheon is one and the same. LNMB is distinct from the whimsically, capriciously or arbitrarily, out of malice, ill will or
burial place envisioned in rA 289. The National Pantheon does not personal bias. Presumption of regularity in the performance of official
exist at present. Also to apply the standard that LNMB is reserved duty prevails over the petitioners allegation of Dutertes utang na loob
only for the decent and brave or hero, it will put into question all the or bayad utang to the Marcoses. Petitioners should establish such
mortal remains therein. The name of LNMB is a misnomer, interment claims but failed to do so. Then again, the court is not a trier of facts.
of Marcos remain does not confer upon him the status of a hero.
3. Whether historical facts, laws enacted to recover ill-gotten
RA 10368 (compensation for Human rights violations victims wealth of Marcos and his cronies, and pronouncement of
during Marcos regime) recognizes the human rights violations SC, nullifies his entitlement as a soldier and former
committed and gives them reparation. However, the court cannot President to interment at the LNMB
subscribe to petitioners logic that the reparation includes the
prohibition of Marcos interment when it is not provided. It is undue National Shrines are governed by NHCP, military shrines are not.
to extend the law beyond what it contemplates. Legislators could have They are governed by PVAO of DND. LNMB is a military shrine.
easily inserted a provision prohibiting Marcos internment as
Magsaysay issued EO 77 orders remains of war dead interred at
reparation but they did not. The law is silent and should remain to be
Bataan to be reinterred in McKinley to minimize expenses and
so. We cannot read into law what is simply not there. That would be
accessibility to widows.
tantamount to judicial legislation.
Magsaysay issued Proc. 86 changing the name to LNMB
International Covenant on Civil and Political Rights these are
principles that call for an enactment of legislative measures. The PH Garcia issued Proc. 423, Marcos issued Proc and General Orders,
is compliant with its international obligations evident by the various Cory issued EOs too. The point is the PVAO manages military shrines
RAs, exec issuances, and even in the Constitution which is under DND which is under the Office of the President

Our nations history will not be instantly revised by a single resolve of AFP Regulations G 161-375 who may be interred
President Duterte to bury Marcos at the LNMB. Whether petititoners
a.) Medal of Valor awardee is not bound by the 1992 Agreement between ramos and the Marcos
b.) Presidents or Commander-in-Chief, AFP family to have the remains of Marcos interred in Ilocos Norte, he is
c.) Sec. of National Defense free to amend, revoke or rescind political agreements entered into by
d.) Chief of Staff, AFP
his predecessors, and to determine policies which he considers,
e.) General/Flag Officers, AFP
based on informed judgment and presumed wisdom, will be most
f.) Active and retired military personnel
g.) Gov dignitaries, statesman,national artists and others as long effective in carrying out his mandate.
as approved by the C-i-C, Congress or Sec. of National defense
In sum, there is no clear constitutional or legal basis to hold that
h.) Widows of former presidents
there was grave abuse of discretion which would justify the Court to
Petitioners did not dispute that Marcos was a former President and interpose its authority to check and override an act entrusted to the
C-i-C, legislator, Sec. of National Defense, veteran, medal of valor judgment of another branch. The President through respondents
awardee. acted within the bounds of law and jurisprudence. The Court must
uphold what is legal and just and that is not to deny Marcos of his
Marcos does not have any disqualification. He was not convicted of rightful place in LNMB.
moral turpitude nor dishonourably discharged.
There are certain things that are better left for history - not this
Marcos rendered significant active military service and military- Court - to adjudge. The Court could only do so much in accordance
related activities. with the clearly established rules and principles. Beyond that, it is
ultimately for the people themselves, as the sovereign, to decide, a
task that may require the better perspective that the passage of time
a.) Personnel who are dishonorably discharged provides. In the meantime, the country must move on and let this
b.) Convicted of final judgment of an offense involving moral issue rest.
Moral Turpitude conduct that is contrary to community standards DISMISSED. Necessarily, the Status Quo Ante Order is hereby
of justice, honesty, or good morals. LIFTED.

4. Whether the Marcos family waived the burial of remains

of Marcos in LNMB when they entered into agreement
with Gov. of PH as to the condition and procedures by
which his remains shall be brought back to and interred in
the PH.

The presidential power of control over the Executive Branch of

Government is a self-executing provision of the Constitution nor its
exercise be limted by legislature. As the incumbent President, Duterte
custody and care to his relative Emiliano Militar. The latter registered
the baby as a foundling and subsequently was issued a Foundling
Certificate and Certificate of Live Birth which contained petitioners
given name and Militar as her surname. When petitioner was five (5)
years old, she was adopted by the Spouses Ronald Poe and Jesusa
Poe and changes her surname to Poe. When petitioner reached the
age of eighteen (18) in 1986, she registered as a voter in San Juan
City, two years after she was issued a Philippine Passport. In 1988
she went to the United States to continue her studies, and graduated
in the year 1991. At that same year she married Teodoro
Llamanzares, who is both an American and a Filipino citizen.
Petitioner stayed in the United States with her husband. In the year
1991, she was naturalized as an American citizen and subsequently
was issued a U.S. Passport. However, petitioner returns to the
Philippines in 2004 to support her fathers candidacy. After the
election, it was not long when she eventually returned to the
Philippine because of the health condition of her father. In 2005,
petitioner and her husband decided to permanently reside in the
Philippines in order to help her grieving mother. May 24, 2005
petitioner came home to the Philippines. On July 7, 2006, petitioner
took her Oath of Allegiance to the Republic of the Philippines
pursuant to Republic Act 9225. Eleven (11) days after she takes her
oath, the Bureau of Immigration declared that she reacquired her
Philippine Citizenship. Year 2010, she was appointed by President
Aquino as Chairperson of the Movie and Television Review and
Classification Board. Because of that, petitioner executed an
Affidavit of Renunciation of Allegiance to the United States of
America and Renunciation of American Citizenship before a notary
POE-LLAMANZARES v. COMELEC public. On July 12, 2011, petitioner executed before the Vice-Consul
of the U.S. Embassy in Manila an Oath/Affirmation of Renunciation
Facts: of Nationality of the United States. Months later, she was issued a
Certificate of Loss of Nationality of the United States. Petitioner ran
Petitioner, Mary Grace Natividad S. Poe-Llamanzares(Grace Poe) was
and was voted as a Senator in 2012. And on October 15, 2015 she
found as a newborn infant in the Parish Church of Jaro, Iloilo in
files her Certificate of Candidacy as President of the Republic of the
1968. She was found by one Edgardo Militar and transfers the babys
Philippines, which is the subject of the petition.
2 Whether or not repatriation under Republic Act 9225 will
result in reacquisition of natural-born citizenship.
G.R. No. 221697
Estrella Elampara argued that petitioner cannot be considered
as a natural-born citizen Filipino on account of the fact that she was
a foundling. And because of this she cannot be qualified under
reacquisition of citizenship under R.A. 9225 since it is only reserved 1 A FOUNDLING IS A NATURAL-BORN CITIZEN.
to natural-born citizens. And even assuming that petitioner was a
Before discussing the grounds that the Court considered, the
natural-born Filipino she is deemed to have lost that when she was
Supreme Court ruled that the burden of proof is on the private
naturalized as an American citizen. She argued that natural-born
respondent. Petitioners admission that she is a foundling did not
citizen must be continuous from birth.
shift the burden to her because such status did not exclude the
possibility that her parents were Filipinos.

G.R. Nos. 221698-700 A

Tatad theorized that since the Philippines follows the As shown by the official statistics from the Philippine Statistics
principle of jus sanguinis, persons of unknown parentage cannot be Authority, there is more than ninety-nine percent (99%) chance that
considered natural-born Filipino citizens since blood relationship is petitioners parents are Filipino. The official statistics as offered by
determinative of natural-born status. He also argues that as a rule in the Solicitor General shows the total number of Filipinos born in the
statutory construction, what is not included is excluded, a foundling year petitioner was born, as compared to the total number of
cannot be considered as natural-born since it was not expressly foreigners born on that same year bracket. The figures show the ratio
included in the 1935 Constitution. He also argues that petitioner that as compared to Filipino born, a foreigner is likely deficit. It also
cannot rely on international laws since these are not self-executory shows that in the year petitioner was born, majority of population in
and that legislation is needed for it to take effect. No such legislation Iloilo, where petitioner was left, was Filipino.
exists in the Philippines. And just the same as Elampara, he argues
The court also accepted as circumstantial evidence the fact that
that Grace Poe cannot avail of R.A. 9225 and that assuming she can,
petitioner was left in a Catholic Church and her typical Filipino
it only bestowed her Philippine citizenship but did not revert her
features, her height, flat nasal bridge, straight black hair, almond
original status as a natural-born citizen.
shaped eyes and an oval face.

Additionally, the court observed that Filipinos abandon their children
out of poverty or perhaps, shame. It is absurd to imagine that
1 Whether or not a foundling is considered a natural-born
foreigners will come to the Philippines, just to get pregnant and leave
their newborn babies behind thinking that the infants would have a
better economic opportunities or believing that this country is a Accordingly, recent legislation such as Republic Act 8043 entitled An
tropical paradise suitable for raising abandoned children. Act Establishing the Rules to Govern the Inter-Country Adoption of
Filipino Children and for Other Purposes and Republic Act 8552
The rejection of the fact that a foundling is a natural-born based on a
entitled An Act Establishing the Rules and Policies on the Adoption
theoretical chance that one among thousands of these foundlings
of Filipino Children and For Other Purposes, expressly refer to
might be the child of not just one, but two foreigners is downright
Filipino Children and foundlings are those included as Filipino
discriminatory, irrational and unjust.
children who may be adopted.


The deliberations of the 1934 Constitutional Convention reveal the

Foundlings are likewise citizens under international laws. The
intent of the framers to include foundlings as those enumerated as
contention of private respondent that international laws in order to
natural-born citizen under the 1935 Constitution. The framers intend
take effect must have a local legislation is untenable. International
to include all kinds of illegitimate children, including children with
law can become part of the sphere of domestic law either by
unknown parentage, to be a natural-born citizen. This was copied
transformation or incorporation. The Philippines follow the principle
from the Spanish Code wherein all children of unknown parentage
of incorporation, because as embodied in the Constitution, generally
born in Spanish territory are considered Spaniards because it is
accepted principles of international law forms part of the laws of the
presumed that the child is a daughter or son of a Spaniard.
land even if they do not derive from treaty obligations.

However, such intention was not expressly included in the 1935

That being said, international laws are sufficient to form the
Constitution because the framers deem it not necessary due to a few
conclusion that foundlings are natural-born citizen. The principle
number of cases involving this situation. What was declined was the
embodied under the Universal Declaration of Human Rights (UDHR),
proposal for a textual and explicit recognition of foundlings as
United Nations Convention on the Rights of the Child (UNCRC) and
Filipinos in order to have linguistic efficiency and avoid redundancy.
the International Covenant on Civil and Political Rights (ICCPR),
Hence, foundlings as natural-born citizen, is impliedly recognized.
clearly emphasize on the right of every child to acquire a nationality.
It even imposes a duty to register and grant such nationality
immediately after birth and ensure that no child is stateless.
The Court also finds support in the domestic laws on adoption to
Additionally there are two international conventions, with the same
establish that foundlings are Filipinos. Under these laws, for an
principle on citizenship of foundlings. The first is the Hague
adoption to be valid, the adoptee must in the first place be a Filipino.
Convention on Certain Questions Relating to the Conflict of
In the case of Ellis and Ellis v. Republic, where alien adopters sought
Nationality Laws, which provides that a child whose parents are
to adopt a child left by an unidentified mother, adoption was granted
unknown shall have the nationality of the country of birth. xxx A
since Court has acquired jurisdiction over the status of the baby, she
foundling is, until the contrary is proved, presumed to have been
being a citizen of the Philippines.
born on the territory of the State in which it was found. And second
is the United Nations Convention on the Reduction of Stateless,
which provides that a foundling is presumed born of citizens of the Filipino who lost his citizenship will be restored to his prior status as
country where he is found. These conventions even though not yet a naturalized Filipino citizen and on the other hand a natural-born
ratified by the Philippines are generally accepted principles of citizen will be restored to his former status as a natural-born Filipino.
international law. And even though the Philippines is not a party to R.A. 9225 is a repatriation statute and has been described as such in
both of these conventions, it does not mean that their principles are several cases.
not binding. These two convections effectively affirm the provisions
Additionally respondents contention that natural-born citizenship
under the UDHR regarding nationality. The Philippines is a signatory
must begin at birth and remain uninterrupted and continuous from
to the UDHR.
birth is also rejected by the Court. In the Bengson Case, the Court
The Court also note that at least sixty (60) countries in Asia, North has ruled that there are only two types of citizens, natural-born or
and South America, and Europe have passed legislation recognizing naturalized; there is no third category for repatriated ones. The
foundlings as citizen and forty-two (42) of these countries follow the determination of citizenship depends on the reasons for the loss and
jus sanguinis regime just like the Philippines. And of the sixty (60), the mode prescribed by the applicable law. Since in repatriation, a
only twenty-six (26) are signatories to the Convention on Stateless. person need not go through the process of naturalization to reacquire
This shows that it is a generally accepted principle of international his citizenship, he is perforce a natural-born citizen.
law to presume foundlings as having been born of nationals of the
country in which the foundling is found.

And lastly, it is undeniable that the Department of Foreign Affairs

(DFA) issue passports to foundlings. Passports are by law, issued only
to citizens. This shows that even the executive department through
the DFA considers foundlings as Philippine citizens. Salvacion vs. Central Bank of the Philippines, China Banking
Corporation and Greg Bartelli y Northcott

THE REACQUISITION OF THE NATURAL-BORN STATUS. On February 4-7, 1989, Greg Bartelli y Northcott, an
American tourist, detained and repeatedly raped Karen Salvacion, a
Respondents argue that only Philippines citizenship and not the 12-year old the victim, in the apartment of the accused in Makati
natural-born status is deemed reacquired under RA 9225. Such City. That, on the 4th day of detention, Karen was finally found by the
contention is contrary to established jurisprudence. In Bengson III v. policemen after a neighbor heard her crying and screaming for help.
HRET, the Supreme Court held that repatriation results in the The accused was immediately arrested within the premises of the
recovery of the original nationality. This means that a naturalized building, and eventually brought to Makati Municipal Jail.
After thorough investigation and medical examination, the Held:
victim, as represented by her parents, together with the Fiscal filed
criminal cases against Greg Bartelli y Northcott for Serious Illegal While it is true that the protective cloak of confidentiality over foreign
Detention and for Four (4) counts of Rape. The petitioners also filed a deposit accounts would better encourage the inflow of foreign
separate civil action for damages with preliminary attachment against currency deposits, lending capacity of the government and would
the accused that had several dollar accounts in COCOBANK and help financial stability and the national development, what would be
China Banking Corporation. On February 24, 1989, the day there the relief of someone claiming damages against a person with foreign
was a hearing for Bartellis petition for bail the latter escaped from deposit accounts? More so against a person who heinously and
jail. feloniously committed an offense in the territory of the Philippines?
As in this case, the accused deemed liable for the damages based of
The deputy sheriff served Notice of Garnishment on China the heinous acts according to the testimonies of the victim and the
Banking Corporation but the latter declined to furnish a copy as it witnesses.
invoked R.A. No. 1405. The sheriff again sent a letter stating that the
garnishment did not violate the bank secrecy law as it was legally It is the duty of the government to encourage foreign currency
made by virtue of a court order but China Banking Corporation deposits and to comply by giving confidentiality but in the correct
invoked Section 113 of Central Bank Circular No. 960, that dollar argument of the Solicitor General, foreign currency deposits of a
accounts are exempt from attachment, garnishment, or any other order tourist or transient is not the one encouraged by PD Nos. 1034 and
or process of any court, legislative body, government agency or any 1305 on the ground that said accounts is temporary and only for a
administrative body, whatsoever. The Central Bank sent a reply after short period of time.
a demand from the court asking if the Section 113 of Central Bank
The application of the law depends on the extent of its justice. If we
Circular No.960 is absolute in nature of which it replied in
rule Section 113 of Central Bank Circular No.960 which exempts
from attachment, garnishment, or any other order or process of any
After the accused was declared in default, the court rendered court, legislative body, government agency or any administrative body
a judgment in favor of the petitioners based on the heinous acts of whatsoever, is applicable to foreign transient , injustice would result
the accused and the grave effects on social, moral and psychological especially to a citizen aggrieved by a foreign guest like accused Greg
aspects on the part of the petitioners. China Banking Corporation Bartelli.
refused the Writ of Execution of the court. Thus;
Article 10 of the New Civil Code provides that in case of doubt in the
Petitioners filed a Petition for Relief in the Supreme Court. interpretation or application of laws, it is presumed that the lawmaking
body intended right and justice to prevail. Simply stated, when the
Issues: statute is ambiguous, this is one of those fundamental solutions
that would respond to vehement urge of conscience.
Whether the dollar accounts of the Accused is absolutely
exempt from attachment, garnishment or any other order or process It would be unthinkable that Section 113 of CB circular 960 would be
of any court? used as a device by the accused for wrongdoing, and in so doing,
acquitting the guilty as the expense of the innocent. The situation are hereby held to be INAPPLICABLE to this case because of its
calls for fairness against legal tyranny. peculiar circumstances. Respondents are hereby REQUIRED to
COMPLY with the writ of execution issued in Civil Case No. 89-3214
We definitely cannot have both ways and rest in the belief that we
RTC Makati, and to RELEASE to petitioners the dollar deposit of
have served the ends of justice.
respondent Greg Bartelli y Nothcott in such amount as would satisfy

IN VIEW WHEREOF, the provisions of Section 113 of CB Circular the judgment.

No.960 and PD No.1246, insofar as it amends Section 8 of RA 6426