Burying Marcos at Libingan ng mga Bayani not illegal, SolGen tells SC

Published August 22, 2016 4:50pm by VIRGIL LOPEZ, GMA News

There is nothing in the Constitution and existing laws that bars President Rodrigo Duterte from
giving the late dictator Ferdinand Marcos a place at the Libingan ng mga Bayani, the government told the
Supreme Court on Monday.
Asking the SC to dismiss the petitions against the planned hero's burial, the Office of Solicitor General
said the President had the power to set aside lands of public domain like the Libingan for public use.
The government also said the President's order to have the remains of Marcos interred at the
Libingan was consistent with his power of control over the Philippine Veteran Affairs Office as the agency
tasked to administer military shrines.
"All told, the President's verbal orders for the interment of the remains of President Marcos at the
Libingan as well as the memorandum issued by Defense Secretary (Delfin) Lorenzana pursuant to said
orders, find legal basis not only in the law but, more importantly, in the Constitution," the OSG said.
The government reiterated that Marcos, being a war soldier and former president, should be
interred at the heroes' cemetery despite petitioners' contention that it was an insult to the Constitution
and victims of human rights abuses under Martial Law.
"The Libingan is a national shrine for military memorials. As such, any president, commander-in-
chief, war veteran or Medal of Valor awardee may be buried therein. These are indelible facts that are
adequate reasons for a person to be interred in the Libingan in the case of former President Marcos,
perhaps the only reasons," it said.
Martial law victims
The OSG, however, clarified that Duterte's support for the burial would not "impair" the
recognition and reparation of Martial Law victims under Republic Act 10368, a measure passed under
former President Benigno Aquino III.
"The undeniable fact is that they will not sustain any legal injury by virtue of the former
President's remains being buried at the said military shrine," the OSG said, adding the petitioners have
yet to prove that they were victims of military abuses.
The OSG also said the burial would not give Marcos the status of a "hero." The interment of the
remains of former President Marcos does not and will not make him a hero, the OSG said. On the
contrary, the interment of his remains at the Libingan was due to the fact that the late Ferdinand Marcos
was a former President of the Republic, statesman and soldier, whose remains may be and are to be
interred at the Libingan.
It also shot down arguments that the interment of Marcos' remains at the Libingan would violate
the Philippines' obligations under international law and norms and that it was against the 1993
agreement between former President Fidel Ramos and the Marcos family to have the remains buried in
Ilocos Norte.
"Even assuming that there is such an agreement between the former President Ramos and the
Marcos family, President Duterte is not bound by the terms of such Ramos- Marcos interment agreement.
It is doctrinal that incumbent Presidents are free to determine policies which they believe will be most
effective in carrying out their mandate," the OSG said.
National Pantheon
The OSG said the petitioners were wrong in referring to the Libingan as the National Pantheon as
declared under Republic Act 289.
Looking back on the history of the law, the government said the National Pantheon was supposed
to be erected at East Avenue in Quezon City pursuant to Proclamation No. 431 issued by then President
Elpido Quirino on December 23, 1953.
Quirino's efforts to create the National Pantheon, however, failed to materialize, "and there is
today no National Pantheon to speak of," the OSG said.
"Notably, even Congress has deemed it fit not to appropriate any funds for the establishment of
the National Pantheon or for the operations of the Board of National Pantheon in the 2016 General
Appropriations Act," it said.
Marcos remains, symbol of polarity
Criticizing the petitioners for going straight to the SC without making a formal appeal to Duterte,
the OSG argued the issue does not even deserve the attention of the court.
"Petitioners question the memorandum and directive with respect to the interment of former
President Marcos, arguing that the Libingan is 'reserved only for the decent and the brave.' Petitioners'
thesis readliy reveals the political, and, hence, non-justiciable nature of their petitions," the OSG said.
"It is concerned with issues dependent upon the wisdom, not legality, of a particular measure," it
added.
Duterte's decision to "accord respect" to the remains of Marcos was "not simply a matter of political
accommodation, or even whims," according to the government.
"Viewed from a wider perspective, this decision should be dovetailed to his war against corruption
and dangerous drugs, and his recent dealings with the CPP/NPA/NDF (Communist Party of the
Philippines/New People's Army/National Democratic Front). All these are geared towards changing the
national psyche and beginning the painful healing of this country," the government said.
"Suffice it to state, the current administration desires to efface the symbols of inefficiency
(corruption), human indignity (dangerous drugs), and polarity (Marcos' remains) in this country in the
fervent hope that, in the end, the only symbol that will define and unite this country is the Philippine
flag."
Five petitions have already been filed against the burial by several groups and individuals
including former Bayan Muna Representatives Satur Ocampo and Neri Colmenares, former Commission
on Human Rights Chairperson Etta Rosales, Albay Rep. Edcel Lagman, former Senator Heherson Alvarez,
former Education Secretary Edilberto De Jesus, movie director Joel Lamangan and actor Noel Trinidad.
The SC is set to hold oral arguments on the issue on Wednesday.
Marcos family arguments
The Marcos family, in a comment submitted to the Supreme Court which echoed the position of
the Office of Solicitor General, said the burial was part of the president's prerogative power under the
Constitution and the law.
"The order of President Duterte that the remains of the late former President Marcos be interred in the
Libingan ng mga Bayani being pursuant to, and in accord with law, is indubitably within his jurisdiction,
clearly not with abuse of discretion amounting to lack or excess of jurisdiction," the heirs said.
The late dictator's heirs added the petitions against the burial must be junked for lack of legal
standing on the part of some petitioners whose claims of being abused during Martial Law had yet to be
established.
"Since the purported standing of the petitioners is predicated on those facts, apart from the fact
that they do not constitute by themselves a basis for standing as petitioners in the instant case, and would
require the presentation of evidence and the factual determination beyond the jurisdiction of the
Supreme Court, this by itself will warrant dismissal of the petition," the Marcoses said.
Burying the former president at the Libingan also had nothing to do with the issue of
compensating victims of Martial Law, according to his family.
"Expressed otherwise, whether or not the President's decision is implemented will not actually
affect their right to reparation. Neither have petitioners alleged any other grave and irreparable injury
that they may personally and directly suffer as a consequence of President Duterte' s decision," the heirs
said.
"At best, the injury caused to petitioners is generic and abstract and do not merit the issuance of
the writ of injunction prayed for."
The petitions will be debated in oral arguments set for Wednesday by the SC. NB/DVM, GMA
News

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