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SC allows Marcos burial at the Libingan ng mga Bayani

9 justices in favor of the burial, 5 against and 1 abstention


By Rey Panaligan and MB Online

The Supreme Court has voted to allow the burial of former president Ferdinand Marcos at the Libingan ng mga Bayani (LNMB) Tuesday, November 8.

Supreme Court spokesman Theodore Te, in a press briefing, said the petitions against the burial were dismissed and the status quo ante order on President Rodrigo Duterte’s decision to bury Marcos was lifted.

Nine associate justices voted in favor:

  • Arturo Brion
  • Presbitero Velasco Jr.
  • Diosdado Peralta
  • Lucas Bersamin
  • Mariano del Castillo
  • Jose Perez
  • Teresita Leonardo-de Castro
  • Jose Mendoza
  • Estela Perlas-Bernabe

Five justices dissented, including the two most senior magistrates:

  • Chief Justice Maria Lourdes Sereno
  • Senior Associate Justice Antonio Carpio
  • Marvic Leonen
  • Francis Jardeleza
  • Alfredo Benjamin Caguioa

Justice Bienvenido Reyes abstained.

Justice Peralta will pen the decision, but Te said the court will not release a final copy of the decision today.

He also disclosed but did not name two justices who will submit separate opinions, but he is unsure if those are concurring or dissenting opinions.

‘No abuse of discretion’

Te said the court found President Duterte did not commit a grave abuse of discretion on his decision for the burial, saying it was done in the exercise of his mandate. The court also said no law exists that prohibits such burial.

Marcos, the court found, is also qualified to be buried at the LNMB under AFP regulations, owing to his credentials as former president, commander-in-chief, and decorated soldier with a medal of valor. He was also not dishonorably discharged.

The court also said the cases cited by the petitioners are from foreign jurisprudence and civil in nature.

SHOELESS CASE — Encased in glass with the body of former President Ferdinand Marcos are a number of secrets long kept by the Marcos heirs like the explanation behind his being lain shoeless. (Freddie Lazaro | Manila Bulletin)

SHOELESS CASE — Encased in glass with the body of former President Ferdinand Marcos are a number of secrets long kept by the Marcos heirs like the explanation behind his being lain shoeless. (Freddie Lazaro | Manila Bulletin)

Marcos supporters picketing the Supreme Court were jubilant with the decision, while opponents vowed the fight continues.

The camp of the petitioners against the burial mulls filing a motion for reconsideration, CNN Philippines reported.

Decision delays

The Supreme Court has issued a status quo ante order in making a decision on the consolidated petitions against Marcos hero’s burial on August 23. It has twice extended the order on September 7 and October 18 amid oral arguments.

There were seven petitions filed against the burial by the groups of Saturnino Ocampo, Rep. Edcel Lagman, Loreta Ann Rosales, Heherson Alvarez, Zaira Patrician Baniaga and Algamar Latiph, and Sen. Leila de Lima.

Almost all the petitions claimed that LNMB burial of Marcos is “illegal and contrary to law, public policy, morals and justice” as it would violate Republic Act No. 289 and R.A. 10368, the Human Rights Victims Reparation and Recognition Act.

But President Rodrigo Duterte, who advocated for the burial to start the healing process of the country after Martial Law, insisted that denying Marcos the right to be buried at the LNMB is unlawful.

The government, represented by solicitor general Jose Calida, argued before the court in September that the burial was “not to honor him [Ferdinand Marcos] as a hero, even if by military standards he is, but to accord him the simple mortuary befitting a former president, commander-in-chief, and soldier.”

The solicitor general pointed out that Marcos, aside from being former president, was also a member of Congress, Senate president, and a recognized military and war veteran.

He said that Marcos was neither dishonorably discharged nor convicted of a crime involving moral turpitude in a court martial.

At least eight votes are needed to effectively block the hero’s burial, but only seven for the burial to push through.

A tie or deadlock would force the justices to sit en banc and deliberate again, as per Section 7, Rule 56 of the Rules of Court; but if they end up with the same votes, the anti-burial petitions are deemed denied.

Marcos’ remains were repatriated in September 1993 and now lie inside a glass coffin and on public display at the Marcos Museum and Mausoleum in Batac, Ilocos Norte.

The former president died in exile in Hawaii in 1989, three years after being deposed in the 1986 people power revolution.

(With report from Genalyn Kabiling)

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  • maverich

    YEHEY! bayani na si Marcos….(sarcasm intended).

    • ItosiErmino

      ganoon ba yun? pati aso at asawa ng general na naka libing doon bayani rin?

      • rock_steady

        kaninong aso?

        • ItosiErmino

          Cory Aquino’s dog is buried at the Libingan ng mga Bayani.

          • maverich

            so why do they call it LNMB?

          • ItosiErmino

            of course I can not answer that. what I know is that it previously called the Republic Cemetery.

      • Taga Bantay

        Mali pala ako.. I really wish to change its to LNMB at Presidente.. iyon pala dapat na name “LNMB at Presidente Pati na ang Aso at Asawa ng General”. pala ang dapat. ha ha ha.

  • kapuh

    all this time i thought only DISNEY can turn Villains into Heroes!!

    • ItosiErmino

      sorry to disappoint you.

  • John Puruntong

    From here on, GOOD VIBES and LUCK will be bestowed to our People and Nation

    • wildspecie

      Ok lang di naman “Libingan ng mga Dakila” ang tawag, pwede namang maging bayani dahil sa katangahan atbp.

      • hagakhak

        ang kulay ng puso mo parang kulay ni hagorn ng hathoria sa encantadia!!! kasapi ka ng kilabot na kultong dilaw na ayaw ng kapayapaan sa pilipinas!!!

        • wildspecie

          bakit dakila ba siya???

  • hagakhak

    tapos na ang paghari-harian ng kilabot na kultong dilaw!!!!!

    • wildspecie

      Cite an example of “kakilakilabot na ginawa ng kultong dilaw” I want to know.

      • ItosiErmino

        ang pagbenta ng mga ari-arian ng gobyerno, ang pagbigay ng Meralco sa mga Lopez, ang paglipana ng droga, ang pasimuno ng PDAP, DAP at SOP o commission para sa mga politikong nag endorse ng project na nag resulta sa pagiging substandard ng mga ito. atibapa

      • Mang Kanor

        Ang di pag bibigay ng nararapat na tulong para sa mga yolanda victims na hanggang ngayon ay marami pang di natapos na project. I kumpara mo proyekto ng mga pribadong sektor, mas disente pa ang pabahay kesa sa amo mong panot. na tuwang tuwa na makita ang pinagawa nyang bahay na ari sa plywood. lols

      • Rudy Poe

        Kamoteng dilaw tpos na ang pghahari at panloloko nyo sa mga tao. Ano ang ginawa nila sa mga magsasaka ng hacienda luisita dba pnamasaker at niloko ng mga Aquino at Cojuangco at lalong nghirap ang mga pilipino sa panahon ng kultong dilaw.

  • ItosiErmino

    Please accept the SC decision then LET”S MOVE ON

  • Paul Parenas

    Finally! Ferdie can walk shoeless at the LNMB. Another glowing achievement of this administration. Muchos gracias Senior Presidente!

  • Taga Bantay

    I knew it.. based on legal grounds Ferdie is illegible to be buried there. For some he is their hero and for some a villain. But the name Libingan ng Mga Bayani gives a wrong impression that all those who are buried there are Heroes. Let us change the name to LNMB at Mga Presidente.. what if Erap or Gloria time comes ? another SC debate?.

    • maverich

      let us see what are the “disenteng” opinion of the 5 justices.

    • wildspecie

      …or better “The Philippine National Cemetery”.

  • redsnapper1

    If they had voted NO, to prevent Marcos from being buried at the LNMB, the yellows would have been ecstatic. And Bongbong would have been unhappy. But they voted YES, to allow Marcos to be buried at the LNMB so that now, Bongbong is ecstatic. And the yellows are unhappy. They will file a motion for reconsideration. The SC will rule against that, too. Money talks, dear friends, filipinos and countrymen.

  • Jane Lacson

    At last . . . what is legal and right has won in the cout . . . let us move forward

  • cavitenorth19

    Respect the rule of law. sabi nga ni PRRD kung against ka FINE! you can demonstrate you can use the street. For yellowarmy/zombies respect the SC decision.

  • victor arches

    N0W the nation can move on… with or without the cooperation of the anti-Marcos crowd. The Supreme Court majority decision (9 to 5) clearly determined that Marcos was a president, a soldier and a recipient of the Medal of Valor (awarded to FM during Cory’s tenure as president).

    The petitioners can do whatever they want (e.g., file a motion for recon, demonstrate, protest, rally, shout until their lungs burst), but they will just have to accept the fact that the three branches of our government are for the burial of Marcos at the Libingan ng mga Bayani.

  • rashed

    Kahit ilibing pa sa libingan ng ordinaryung cementeryo o libingan ng bayani.Katawang lupa alikabok rin ang mapuntahan.

  • perfecto yasay jr

    i think duterte credibility is in question. he must fulfill his promise
    of cutting down corruption by putting behind bars the mastermind in the
    biggest corruption case in his administration DFA passporting officer–mr.khalid.ali.mapandi– this person taints dutertes administration. he is behind the indonesia PH passport scam victimizing 700 indonesians earning 19.6 million pesos and opening our country to terrorist. more than the marcos burial we must be vigilant about this.