It’s final. Long live Marcos! The extended status quo ante order (SQA) issued by the Supreme Court against Marcos burial at LNMB is lifted. That is with the majority of justices that allow Marcos hero’s burial. Although a motion for reconsideration is possible, the die is already cast. The language of the law is too clear for Marcos hero’s burial. The issue being contested is more on legality rather than subjective, emotional perspective, and much less on moral grounds.
Should moral grounds are reasons that are contested, then the issue should be sent to the archbishops, to the church, to the holier-than-thou and not to the court of the gods in Padre Faura.
The Philippine Supreme Court (SC) in its voting 9-5 -1 favors the former President Ferdinand E. Marcos’ burial at Libingan ng Mga Bayani (LNMB). The following nine (9) Supreme Court justices dismiss all seven (7) cases filed against Marcos’ burial at LNMB:
- Associate Justice Arturo Brion
- Associate Justice Presbitero Velasco Jr
- Associate Justice Diosdado Peralta
- Associate Justice Lucas Bersamin
- Associate Justice Mariano del Castillo
- Associate Justice Jose Perez
- Associate Justice Teresita de Castro
- Associate Justice Jose Mendoza
- Associate Justice Estela Perlas-Bernabe
According to Theodore Te, SC spokesperson, the following points or reasons are cited by the above justices that:
- There is no law that prohibits the burial of the former President Marcos at LNMB;
- There was no “grave abuse of discretion” exercised by President Duterte, and also, the president has the power to decide on the use of land within the public domain, including the Libingan ng Mga Bayani (LNMB) as there is no law that excludes it.
- Former President Marcos was a former commander-in-chief, a soldier, and a secretary of the national defense;
- Former President Marcos has not been convicted by any final judgment on moral turpitude and also the cases cited were all civil in nature;
- Other justices find that a dishonorable discharge can only be applied to military [personnel].
On my previous post, “Over Former President Marcos Hero’s Burial: The Law Allows It“, I pointed out the above relevant and related points that considered the former President Marcos legitimate for a hero’s burial. That sans emotional factors or subjective consideration of perspectives, which anti-Marcos used, a hero’s burial is a long been overdue to Marcos who was so entitled despite the fruits of his martial law. That in reiterating my one of substantial points on my previous post:
Asserting that the former president is “unfit” for a hero’s burial is tantamount to obliterating 21 years in our memory, when there was one Ferdinand E. Marcos who once became the president of the Republic of the Philippines!
While Associate Justice Bienvenido Reyes inhibited, the following five (5) SC justices are NOT in favor of Marcos’ burial:
- Chief Justice Maria Lourdes Sereno
- Senior Associate Justice Antonio Carpio
- Associate Justices Marvic Leonen
- Associate Justice Francis Jardeleza
- Associate Justice Alfredo Benjamin Caguioa