NOT TRUE NA KUNG WALANG CORRUPT, WALANG MAHIRAP: This has been our sad
history everytime there is an election: the one running against the
incumbent says, "Magnanakaw ang nasa gobyerno, iboto niyo ako". Then the
next election is held and the challenger has the same call, "Magnanakaw
ang nasa gobyerno, iboto niyo ako". We fall into the trap of
traditional politics, if we debate whether Miriam is corrupt or not.
Corruption is only an aggravating factor and is not the root cause
of our people's poverty. Just try to imagine a government that does not
steal at all yet land remains concentrated in the hands of a few;
education remains the privilege of a few; workers remain exploited and
paid starvation wages, the Philippines remains an agricultural country
and continues to fail to industrialize, so our people are condemned to
be perrenial OFWs; people remain powerless, without any meaningful
participation in decision making; etc. That is why, it is not true "na
kung walang corrupt, walang mahirap." By espousing an anti-corruption
campaign, Miriam has proven that she is no different and is a trapo
herself (October 27, 2015 post).
Thursday, October 27, 2016
CONGRESS SHOULD NOW WORK ON THE ENACTMENT OF THE LAW WHICH WILL DETER EXTRAJUDICIAL KILLINGS
The killings continue. Congress should now stop its investigations and
proceed with the work of drafting and eventually enacting the law that
will serve as a deterrent to to extrajudicial killings. Among others,
said law hopefully should include the relevant provisions of the
Philippine National Police Operational Procedures and these norms of
conduct and procedures proposed by the Honorable Supreme Court in the
case of Hildawa vs. Minister of Defense (G.R. No. L-67766 August 14, 1985):
1. Police superiors are directed to exercise strict supervision and control over law enforcers ordered to make arrests, that they should not use unnecessary force and should comply strictly with the law, and accord to the suspects all their constitutional rights;
2. Whenever there is killing or infliction of injury, those responsible are hereby enjoined to immediately report the matter to their superior officers and the National Police Commission (NAPOLCOM) for investigation and appropriate action;
3. The National Police Commission as the entity charged with direct authority over the members of the Integrated National Police (now the PNP) should forthwith "investigate to find out who the assailant was and the reason for the death of the victim. It need not wait for a formal complaint to be lodged by the relatives of the deceased;"
4. Once the Identity of the killer(s) has been established and the latter having admitted that he is the author of the death of the deceased, the investigating officer should file a case in the proper court or tribunal which will determine whether or not the killing was made in self-defense, defense of relatives, defense of stranger or in the fulfillment of a duty," bearing in mind that "when a person is killed by another, the burden of proving self-defense or some other justification lies on the assailant. This is precisely what is needed: an automatic investigation of all killings which result either from police operations or are perpetrated by unknown hitmen. Most sadly, it is most unclear if there is an automatic investigation being conducted in these cases. The only way to deter or prevent extrajudicial killings is to make everyone aware that an investigation will automatically be conducted if killings result from police operations or are perpetrated by unknown hitmen, whether or not there are complainants. In the very first place, that a killing is extrajudicial is a conclusion that is arrived at only after an investigation. Every such killings thus should automatically be deemed as Deaths Under Investigation (DUI) and should automatically be investigated.
1. Police superiors are directed to exercise strict supervision and control over law enforcers ordered to make arrests, that they should not use unnecessary force and should comply strictly with the law, and accord to the suspects all their constitutional rights;
2. Whenever there is killing or infliction of injury, those responsible are hereby enjoined to immediately report the matter to their superior officers and the National Police Commission (NAPOLCOM) for investigation and appropriate action;
3. The National Police Commission as the entity charged with direct authority over the members of the Integrated National Police (now the PNP) should forthwith "investigate to find out who the assailant was and the reason for the death of the victim. It need not wait for a formal complaint to be lodged by the relatives of the deceased;"
4. Once the Identity of the killer(s) has been established and the latter having admitted that he is the author of the death of the deceased, the investigating officer should file a case in the proper court or tribunal which will determine whether or not the killing was made in self-defense, defense of relatives, defense of stranger or in the fulfillment of a duty," bearing in mind that "when a person is killed by another, the burden of proving self-defense or some other justification lies on the assailant. This is precisely what is needed: an automatic investigation of all killings which result either from police operations or are perpetrated by unknown hitmen. Most sadly, it is most unclear if there is an automatic investigation being conducted in these cases. The only way to deter or prevent extrajudicial killings is to make everyone aware that an investigation will automatically be conducted if killings result from police operations or are perpetrated by unknown hitmen, whether or not there are complainants. In the very first place, that a killing is extrajudicial is a conclusion that is arrived at only after an investigation. Every such killings thus should automatically be deemed as Deaths Under Investigation (DUI) and should automatically be investigated.
HYPOCRISY OF PRIVATE SCHOOLS
It is utter hypocrisy for private schools, particularly, COCOPEA, Atty.
Estrada and Fr. Tabora to allege "...adverse financial impact of the
implementation of the K to 12 program on private higher educational
institutions (HEIs)." The private schools led by COCOPEA in the very
first place, were the ones who drafted the K to 12 bill and pushed for
the enactment of the law for their own private selfish interests (in
conspiracy with DepEd and some legislators), as they made it sure
that through said despotic and anti-democratic program, they will rake
huge profits from government funds which will be paid to them instead of
being used to build more classrooms, produce more books and increase
the salaries of teachers. Fr. Tabora certainly remembers what he posted
last January 18, 2011 as follows, "At a well-attended emergency meeting
last night in the German Club convened by Jose Campos of PAPSCU, Chair
of the COCOPEA Committee on Legislation, and by Fr. Joel Tabora, S.J.,
Chair of the COCOPEA Committee on Advocacy, the earlier-formulated draft
of Proposed Legislation on the Implementation of K+12 was discussed and
approved with relatively minor changes incorporated in the text below.
Prior to the meeting, Fr. Tabora had spoken with Brother Armin Luistro
on the drafted Bill; this draft represents substantially a framework of
the K+12 reform. Atty. Estrada, who drafted and re-drafted the
legislative proposal, will meet with the legal people of the DepEd in
order to assure maximum coordination between the COCOPEA and the DepEd.
The hope is that our Education President, Benigno Aquino III, shall
certify this Bill as urgent" (https://taborasj.wordpress.com/…/proposed-bill-implementin…/).
Friday, October 7, 2016
REBUTTAL OF OSG ARGUMENTS FOR MARCOS BURIAL AT THE LIBINGAN NG MGA BAYANI
LETTER TO THE SC CHIEF JUSTICE REBUTTING THE OSG ARGUMENTS ON THE MARCOS LNMB BURIAL:
Last August 17, 2016, I submitted a letter to the Office of the Honorable Chief Justice of the Supreme Court, the purpose of which is to support the Petitions which have been filed seeking to stop the burial of the late President Ferdinand E. Marcos at the Libingan ng mga Bayani. As a follow-up thereto (and to reinforce the arguments I have advanced in my previous letter, some of which are being reiterated here), may I respectfully be allowed to reply to the Comments of the Office of the Solicitor General to said Petitions as published in different newspapers and request that this Reply including my previous letter be noted and be made part of the records of the cases now pending before the Honorable Supreme Court.
This, I do pursuant to my sworn duty as a lawyer to uphold the Constitution, whose mandates most sadly are being seriously breached by the assailed Order of the President.
I do so likewise pursuant to our people’s right to the truth and to honor only those deserving their respect and veneration as well as the right not only of human rights victims but of the entire Filipino nation to be restored of their honor and dignity which the State as a matter of policy is mandated to value (Section 11, Article II, 1987 Constitution) but which were debased during the Martial law years.
I do so finally in representation of the generations still unborn who equally are entitled to said aforementioned rights and pursuant to my duty to pass to them the bitter lessons of Martial law (which the burial in a most deliberate effort to distort history is seeking to erase), lest for failure to learn history’s lessons, darkness may again rule this sad land of ours.
Our people, by reason of the violation of their aforementioned rights guaranteed by our Constitution and by International Law, most clearly will sustain legal injury if the former President’s remains are buried at the Libingan. Contrary then to the claim of the Office of the Solicitor General, Petitioners thus (or any Filipino for that matter) have legal standing to file the Petitions seeking to enjoin the burial of Marcos at the Libingan.
The OSG in a most desperate attempt to brush aside this issue, has claimed that it is a political question or one which is within the President’s powers, wisdom or discretionary authority to decide. This is not so as there are laws and thus judicially discoverable and manageable standards for the Honorable Supreme Court to resolve it (Vinuya, Et. Al. vs. The Honorable Executive Secretary, Et. Al, G.R. No. 162230, April 28, 2010). Contrary then to the claim of the OSG, the issue of the Marcos burial at the Libingan is perfectly justiciable.
The standards set by law are most clear. It shall be the burial place of the mortal remains of only “those illustrious sons of the Philippines, who, on account of the patriotism, knowledge, or other salient qualities possessed by them in life, attracted to themselves the respect and veneration of their fellow citizens… deserve the honor and privilege of reposing in said pantheon” (Act No. 1856, 1908) or those “Presidents of the Philippines, national heroes and patriots” whose memory should be perpetuated “for the inspiration and emulation of this generation and of generations still unborn” (Republic Act No. 289, 1948).
Thus, contrary to the claim of the OSG, the mere fact that Marcos is a President or soldier does not qualify him for burial at the Libingan.
It is not true as the OSG has alleged that the Libingan is not actually reserved for heroes or its purpose has neither been to confer the people buried therein with the title of ‘hero’ nor to require that only those buried therein should be treated as heroes. It is most clear in President Magsaysay’s Executive Order No. 77, s. 1954, that to honor the memory of our war dead, he saw it most “fitting and proper that their remains be interred in one national cemetery”, particularly, the Republic Memorial Cemetery. This was subsequently followed by his Proclamation No. 86, s. 1954 renaming said cemetery as “Libingan ng mga Bayani”, to make it truly “symbolic of the cause for which our soldiers have died” as well as “express the nation’s esteem and reverence for her war dead”.
President Ramos’s own Executive Order No. 131, s. of 1993 confirms this. It declares that our “National Artists and National Scientists are national heroes who, upon death, are entitled to state funeral” and thus the honor of being buried too at the Libingan ng mga Bayani.
For all intents and purposes then, with the expansion of the coverage of the the Libingan ng mga Bayani so as to include the interment of the mortal remains of other illustrious sons and daughters of the Philippines, it has already become the National Pantheon, envisioned and referred to by Act No. 1856 and Republic Act No. 289, pursuant to which legal intent and spirit Presidents Magsaysay and Ramos have issued their aforecited Executive Orders and Proclamations. This thus belies the claim of the OSG that the Libingan ng mga Bayani is not the National Pantheon referred to by law. This, the Honorable Supreme Court cannot reasonably disregard or be oblivious about.
The Honorable Supreme Court cannot ignore and be oblivious of its own declaration acknowledging that the Libingan ng mga Bayani is “the memorial park for our national heroes… and should be respected as the fitting resting place of our fallen soldiers and martyrs” (Philippine Veterans Affairs Office, Et. Al. vs. Yolanda Arquero, Et. Al., G.R. No. 161405, July 21, 2006).
That only those deserving the respect, veneration, esteem and reverence of our nation, who can serve as an inspiration and models for emulation of this generation and of generations still unborn as provided for in said laws are fit to be honored for burial at the Libingan ng mga Bayani is in fact reinforced by Armed Forces Regulations G 161-373 issued in 1986 as it prohibits “personnel who were dishonorably separated/ reverted/ discharged from the service and personnel who were convicted by final judgment of an offense involving moral turpitude” from being interred there. This, the Honorable Supreme Court likewise cannot disregard or be oblivious about. It thus cannot lawfully allow the burial of Marcos at the Libingan, solely based on the literal interpretation (which does utter violence to the spirit and intent of the law) that Marcos as argued by the OSG, was neither dishonorably discharged, nor was he was ever actually convicted of a crime involving moral turpitude.
The Honorable Supreme Court most certainly cannot ignore and be oblivious of its numerous decisions which have indubitably established that Marcos was indeed a dictator who robbed our people of their basic rights and freedoms, who violated their human rights wholesale and who plundered the nation’s wealth.
That Marcos has not met the standards set by law and thus consequently is not deserving of the honor of being buried at the Libingan ng mga Bayani is impliedly admitted by the OSG itself when it declared that “as it is written now, Philippine history is on the side of… everyone who fought and died for democracy.” “No amount of heartfelt eulogy, gun salutes, holy anointment, and elaborate procession and rituals can transmogrify the dark pages of history during Martial Law.”
While his burial will not make him a hero, it will perpetrate the lie, in clear distortion of history and in utter disrespect of our heroes and the entire Filipino nation, that Marcos, the plunderer and violator of human rights, by reason of his burial at the Libingan is a hero. That is precisely what will happen when by reason of the burial being allowed, Marcos’s mortal remains will be paraded in our streets, with all the elaborate rituals which will follow making it appear that he is indeed a hero worth emulating.
The glorious and heroic struggle of our people against the Marcos dictatorship however is already part of our nation’s historical and cultural heritage which our Constitution and our laws direct the State to conserve and promote (Section 15, Article XIV of the 1987 Constitution; Section 2(a), Republic Act No. 10066; Section 1, Republic Act No. 10086) and whose lessons on patriotism and nationalism, respect for human rights as well as the appreciation of the role of our national heroes is not only the constitutional duty of our educational institutions to inculcate (Section 3(2), Article XIV, 1987 Constitution) but also the duty of this generation to pass to the generations still unborn (lest for failure to learn history’s lessons, darkness may again rule our land).
More importantly, as I have already mentioned, it will seriously infringe on our people’s right to the truth under International Law and to honor only those deserving their respect and veneration as well as the right not only of human rights victims but of the entire Filipino nation to be restored of their honor and dignity which the State as a matter of policy is mandated to value (Section 11, Article II, 1987 Constitution) but which were debased during the Martial law years. The OSG thus totally misses the point when it considered the matter as simply involving compensation for human rights victims.
Contrary then to the claim of the OSG, President Duterte’s order to bury Marcos at the Libingan is clearly violative of the anti-dictatorship 1987 Constitution and thus is void. Being contrary to the standards prescribed by law (which is impliedly admitted by the OSG itself) it is illegal and by reason thereof amounts to an executive usurpation of legislative power, violative of the principle of separation of powers and thus is likewise void and must be set aside.
Last August 17, 2016, I submitted a letter to the Office of the Honorable Chief Justice of the Supreme Court, the purpose of which is to support the Petitions which have been filed seeking to stop the burial of the late President Ferdinand E. Marcos at the Libingan ng mga Bayani. As a follow-up thereto (and to reinforce the arguments I have advanced in my previous letter, some of which are being reiterated here), may I respectfully be allowed to reply to the Comments of the Office of the Solicitor General to said Petitions as published in different newspapers and request that this Reply including my previous letter be noted and be made part of the records of the cases now pending before the Honorable Supreme Court.
This, I do pursuant to my sworn duty as a lawyer to uphold the Constitution, whose mandates most sadly are being seriously breached by the assailed Order of the President.
I do so likewise pursuant to our people’s right to the truth and to honor only those deserving their respect and veneration as well as the right not only of human rights victims but of the entire Filipino nation to be restored of their honor and dignity which the State as a matter of policy is mandated to value (Section 11, Article II, 1987 Constitution) but which were debased during the Martial law years.
I do so finally in representation of the generations still unborn who equally are entitled to said aforementioned rights and pursuant to my duty to pass to them the bitter lessons of Martial law (which the burial in a most deliberate effort to distort history is seeking to erase), lest for failure to learn history’s lessons, darkness may again rule this sad land of ours.
Our people, by reason of the violation of their aforementioned rights guaranteed by our Constitution and by International Law, most clearly will sustain legal injury if the former President’s remains are buried at the Libingan. Contrary then to the claim of the Office of the Solicitor General, Petitioners thus (or any Filipino for that matter) have legal standing to file the Petitions seeking to enjoin the burial of Marcos at the Libingan.
The OSG in a most desperate attempt to brush aside this issue, has claimed that it is a political question or one which is within the President’s powers, wisdom or discretionary authority to decide. This is not so as there are laws and thus judicially discoverable and manageable standards for the Honorable Supreme Court to resolve it (Vinuya, Et. Al. vs. The Honorable Executive Secretary, Et. Al, G.R. No. 162230, April 28, 2010). Contrary then to the claim of the OSG, the issue of the Marcos burial at the Libingan is perfectly justiciable.
The standards set by law are most clear. It shall be the burial place of the mortal remains of only “those illustrious sons of the Philippines, who, on account of the patriotism, knowledge, or other salient qualities possessed by them in life, attracted to themselves the respect and veneration of their fellow citizens… deserve the honor and privilege of reposing in said pantheon” (Act No. 1856, 1908) or those “Presidents of the Philippines, national heroes and patriots” whose memory should be perpetuated “for the inspiration and emulation of this generation and of generations still unborn” (Republic Act No. 289, 1948).
Thus, contrary to the claim of the OSG, the mere fact that Marcos is a President or soldier does not qualify him for burial at the Libingan.
It is not true as the OSG has alleged that the Libingan is not actually reserved for heroes or its purpose has neither been to confer the people buried therein with the title of ‘hero’ nor to require that only those buried therein should be treated as heroes. It is most clear in President Magsaysay’s Executive Order No. 77, s. 1954, that to honor the memory of our war dead, he saw it most “fitting and proper that their remains be interred in one national cemetery”, particularly, the Republic Memorial Cemetery. This was subsequently followed by his Proclamation No. 86, s. 1954 renaming said cemetery as “Libingan ng mga Bayani”, to make it truly “symbolic of the cause for which our soldiers have died” as well as “express the nation’s esteem and reverence for her war dead”.
President Ramos’s own Executive Order No. 131, s. of 1993 confirms this. It declares that our “National Artists and National Scientists are national heroes who, upon death, are entitled to state funeral” and thus the honor of being buried too at the Libingan ng mga Bayani.
For all intents and purposes then, with the expansion of the coverage of the the Libingan ng mga Bayani so as to include the interment of the mortal remains of other illustrious sons and daughters of the Philippines, it has already become the National Pantheon, envisioned and referred to by Act No. 1856 and Republic Act No. 289, pursuant to which legal intent and spirit Presidents Magsaysay and Ramos have issued their aforecited Executive Orders and Proclamations. This thus belies the claim of the OSG that the Libingan ng mga Bayani is not the National Pantheon referred to by law. This, the Honorable Supreme Court cannot reasonably disregard or be oblivious about.
The Honorable Supreme Court cannot ignore and be oblivious of its own declaration acknowledging that the Libingan ng mga Bayani is “the memorial park for our national heroes… and should be respected as the fitting resting place of our fallen soldiers and martyrs” (Philippine Veterans Affairs Office, Et. Al. vs. Yolanda Arquero, Et. Al., G.R. No. 161405, July 21, 2006).
That only those deserving the respect, veneration, esteem and reverence of our nation, who can serve as an inspiration and models for emulation of this generation and of generations still unborn as provided for in said laws are fit to be honored for burial at the Libingan ng mga Bayani is in fact reinforced by Armed Forces Regulations G 161-373 issued in 1986 as it prohibits “personnel who were dishonorably separated/ reverted/ discharged from the service and personnel who were convicted by final judgment of an offense involving moral turpitude” from being interred there. This, the Honorable Supreme Court likewise cannot disregard or be oblivious about. It thus cannot lawfully allow the burial of Marcos at the Libingan, solely based on the literal interpretation (which does utter violence to the spirit and intent of the law) that Marcos as argued by the OSG, was neither dishonorably discharged, nor was he was ever actually convicted of a crime involving moral turpitude.
The Honorable Supreme Court most certainly cannot ignore and be oblivious of its numerous decisions which have indubitably established that Marcos was indeed a dictator who robbed our people of their basic rights and freedoms, who violated their human rights wholesale and who plundered the nation’s wealth.
That Marcos has not met the standards set by law and thus consequently is not deserving of the honor of being buried at the Libingan ng mga Bayani is impliedly admitted by the OSG itself when it declared that “as it is written now, Philippine history is on the side of… everyone who fought and died for democracy.” “No amount of heartfelt eulogy, gun salutes, holy anointment, and elaborate procession and rituals can transmogrify the dark pages of history during Martial Law.”
While his burial will not make him a hero, it will perpetrate the lie, in clear distortion of history and in utter disrespect of our heroes and the entire Filipino nation, that Marcos, the plunderer and violator of human rights, by reason of his burial at the Libingan is a hero. That is precisely what will happen when by reason of the burial being allowed, Marcos’s mortal remains will be paraded in our streets, with all the elaborate rituals which will follow making it appear that he is indeed a hero worth emulating.
The glorious and heroic struggle of our people against the Marcos dictatorship however is already part of our nation’s historical and cultural heritage which our Constitution and our laws direct the State to conserve and promote (Section 15, Article XIV of the 1987 Constitution; Section 2(a), Republic Act No. 10066; Section 1, Republic Act No. 10086) and whose lessons on patriotism and nationalism, respect for human rights as well as the appreciation of the role of our national heroes is not only the constitutional duty of our educational institutions to inculcate (Section 3(2), Article XIV, 1987 Constitution) but also the duty of this generation to pass to the generations still unborn (lest for failure to learn history’s lessons, darkness may again rule our land).
More importantly, as I have already mentioned, it will seriously infringe on our people’s right to the truth under International Law and to honor only those deserving their respect and veneration as well as the right not only of human rights victims but of the entire Filipino nation to be restored of their honor and dignity which the State as a matter of policy is mandated to value (Section 11, Article II, 1987 Constitution) but which were debased during the Martial law years. The OSG thus totally misses the point when it considered the matter as simply involving compensation for human rights victims.
Contrary then to the claim of the OSG, President Duterte’s order to bury Marcos at the Libingan is clearly violative of the anti-dictatorship 1987 Constitution and thus is void. Being contrary to the standards prescribed by law (which is impliedly admitted by the OSG itself) it is illegal and by reason thereof amounts to an executive usurpation of legislative power, violative of the principle of separation of powers and thus is likewise void and must be set aside.
MARCOS BURIAL AT LIBINGAN, NOT A POLITICAL QUESTION; PEOPLE WILL SUSTAIN LEGAL INJURY
Last August 17, 2016, I wrote to you a letter in support of the
Petitions seeking to stop the burial of the late President Ferdinand E.
Marcos at the Libingan ng mga Bayani. As a follow-up thereto (and to
reinforce the arguments I have advanced in my previous letter, some of
which are being reiterated here), may I respectfully be allowed to reply
to the Comments of the Office of the Solicitor General to said
Petitions as published in different newspapers and request that this
Reply including my previous letter be noted and be made part of the
records of the cases now pending before the Honorable Supreme Court.
This, I do pursuant to my sworn duty as a lawyer to uphold the Constitution, whose mandates most sadly are being seriously breached by the assailed Order of the President.
I do so likewise pursuant to our people’s right to the truth (and to honor only those deserving their respect and veneration), which will be violated by said burial as it will perpetrate the lie that Marcos is a hero. I do so moreover pursuant to the right not only of human rights victims but of the entire Filipino nation to be restored of their honor and dignity (Section 11, Article II, 1987 Constitution) which were debased during the Martial law years.
I do so finally, pursuant to my duty to help preserve in our people’s collective memory as part of our nation’s historical heritage (and bequeathing it to the generations still unborn) the bitter lessons of Martial law (which the burial in a most deliberate effort to distort history is seeking to erase), lest for failure to learn from said lessons, tyranny may in the future again rule this sad land of ours.
Most evidently, our people, by reason of the violation of their aforementioned rights guaranteed by our Constitution and by International Law, will sustain legal injury if the former President’s remains are buried at the Libingan. Contrary then to the claim of the Office of the Solicitor General, any Filipino, including Petitioners, have legal standing to question said burial.
The OSG in a most desperate attempt to brush aside this issue, has claimed that it is a political question or one which is within the President’s powers, wisdom or discretionary authority to decide. This is not true since there are laws and thus judicially discoverable and manageable standards for the Honorable Supreme Court to resolve it (Vinuya, Et. Al. vs. The Honorable Executive Secretary, Et. Al, G.R. No. 162230, April 28, 2010). Contrary then to the claim of the OSG, the issue of the Marcos burial at the Libingan is perfectly justiciable.
The standards set by law are most clear. The Libingan shall be the burial place of the mortal remains only of “those illustrious sons of the Philippines, who, on account of the patriotism, knowledge, or other salient qualities possessed by them in life, attracted to themselves the respect and veneration of their fellow citizens” (Act No. 1856, 1908) and those “Presidents of the Philippines, national heroes and patriots” whose memory deserve to be perpetuated “for the inspiration and emulation of this generation and of generations still unborn” (Republic Act No. 289, 1948).
Thus, contrary to the claim of the OSG, the mere fact that Marcos is a President or soldier does not ipso facto qualify him for burial at the Libingan.
It is not true as the OSG has alleged that the Libingan is not actually reserved for heroes or its purpose has neither been to confer the people buried therein with the title of ‘hero’ nor to require that only those buried therein should be treated as heroes.
That such is the purpose of the Libingan is most clear in President Magsaysay’s Executive Order No. 77, s. 1954, honoring the memory of our war dead, finding it most “fitting and proper that their remains be interred in one national cemetery”, which he subsequently renamed through Proclamation No. 86, s. 1954 as “Libingan ng mga Bayani”, so as to make it truly “symbolic of the cause for which our soldiers have died” as well as to “express the nation’s esteem and reverence for her war dead”.
President Ramos’s own Executive Order No. 131, s. of 1993 confirms this. It declares that our “National Artists and National Scientists are national heroes who, upon death, are entitled to state funeral” and thus the honor of being buried too at the Libingan ng mga Bayani.
For all intents and purposes then, the Libingan ng mga Bayani has already become the National Pantheon, envisioned and referred to by Act No. 1856 and Republic Act No. 289. It is precisely to realize the legal intent and spirit of said laws that Presidents Magsaysay and Ramos issued their respective Executive Orders and Presidential Proclamations. It is therefore not true as claimed by the OSG that the Libingan ng mga Bayani is not already the National Pantheon referred to by said laws. This, the Honorable Supreme Court cannot reasonably disregard or be oblivious about.
The Honorable Supreme Court cannot ignore and be oblivious of its own declaration in the case of Philippine Veterans Affairs Office, Et. Al. vs. Yolanda Arquero, Et. Al. (G.R. No. 161405, July 21, 2006), acknowledging that the Libingan ng mga Bayani is “the memorial park for our national heroes… and should be respected as the fitting resting place of our fallen soldiers and martyrs” (Philippine Veterans Affairs Office, Et. Al. vs. Yolanda Arquero, Et. Al., G.R. No. 161405, July 21, 2006).
That only those deserving the respect, veneration, esteem and reverence of our nation, who can serve as an inspiration and models for emulation of this generation and of generations still unborn as provided for in said laws are fit to be honored for burial at the Libingan ng mga Bayani is in fact reinforced by Armed Forces Regulations G 161-373 issued in 1986, as it prohibits “personnel who were dishonorably separated/ reverted/ discharged from the service and personnel who were convicted by final judgment of an offense involving moral turpitude” from being interred there. This, the Honorable Supreme Court likewise cannot disregard or be oblivious about.
The Honorable Supreme Court most certainly cannot ignore and be oblivious of its numerous decisions which have indubitably established that Marcos was indeed a dictator who robbed our people of their basic rights and freedoms, who violated their human rights wholesale and who plundered the nation’s wealth. It thus, could not lawfully allow said burial, just because as argued by the OSG, Marcos was neither dishonorably discharged, nor was he was ever actually convicted of a crime involving moral turpitude.
That Marcos has not met the standards set by law and thus consequently is not deserving of the honor of being buried at the Libingan ng mga Bayani is impliedly admitted by the OSG itself when it declared that “as it is written now, Philippine history is on the side of… everyone who fought and died for democracy.” “No amount of heartfelt eulogy, gun salutes, holy anointment, and elaborate procession and rituals can transmogrify the dark pages of history during Martial Law.”
While burial at the Libingan will not make him a hero, it will perpetrate the lie, in clear distortion of history and in utter disrespect of our heroes and the entire Filipino nation, that Marcos, the plunderer and violator of human rights is a hero. That is precisely what will happen if the Honorable Supreme Court will allow said burial, thereby consequently giving the Marcoses the opportunity to parade the Dictator’s mortal remains in our streets, with all the rituals appropriate only for a hero, thus making it appear that he is indeed one worth emulating.
The people’s oppression under Martial Law and their glorious and heroic struggle against the ruthless Marcos dictatorship however are already part of our nation’s historical and cultural heritage which our Constitution and our laws direct the State to conserve and promote (Section 15, Article XIV of the 1987 Constitution; Section 2(a), Republic Act No. 10066; Section 1, Republic Act No. 10086) and whose lessons on patriotism and nationalism, respect for human rights as well as the appreciation of the role of our national heroes are not only the constitutional duty of our educational institutions to inculcate (Section 3(2), Article XIV, 1987 Constitution) but also the duty of this generation to protect and preserve for future generations of Filipinos (Justice Padilla’s Concurring Opinion in Manila Prince Hotel vs. Government Service Insurance System, Et. Al., G.R. No. 122156, February 3, 1997), lest as already mentioned, for failure to learn history’s lessons about Martial Law, darkness may in the future again rule this sad land of ours.
Allowing the burial of Marcos at the Libingan ng mga Bayani will most clearly violate said constitutional mandates, thereby seriously infringing on our people’s right to the truth and to honor only those deserving their respect and veneration as well as the right not only of human rights victims but of the entire Filipino nation to be restored of their honor and dignity (Section 11, Article II, 1987 Constitution) which were debased during the Martial law years. The OSG thus totally misses the point when it considered the matter as simply involving compensation for human rights victims.
Contrary then to the claim of the OSG, President Duterte’s order to bury Marcos at the Libingan is clearly violative of what it has itself acknowledged as an anti-dictatorship 1987 Constitution and thus is void. Being contrary to the standards prescribed by law (which is impliedly admitted by the OSG itself) it is illegal and by reason thereof, amounts to an executive usurpation of legislative power, violative of the principle of separation of powers and thus is likewise void and must be set aside.
Oral arguments on the Petitions, originally set last August 24, 2016 was moved to August 31, 2016. I find this as a most strange coincidence since we will likewise be commemorating on said date:
1) The 109th birth anniversary of President Ramon Magsaysay who is responsible for giving the cemetery its current name, to precisely honor our true war heroes whose mortal remains are interred there;
2) The 39th death anniversary of Archimedes Trajano, who is one of our numerous hero-martyrs, who was tortured and murdered by the ruthless Marcos dictatorship and
3) The 33rd anniversary of the burial of Ninoy Aquino, whose heroic death spelled the beginning of the end of the Marcos dictatorship?
Is SOMEONE somewhere actually sending us a message that we should NEVER FORGET for whom the Libingan is truly for and why Dictator Marcos is most unworthy of being buried in those hallowed grounds?
I have a strong feeling that the true heroes of our race, like Magsaysay, Trajano and Ninoy will be with us on August 31, 2016 when the oral arguments are held.
This, I do pursuant to my sworn duty as a lawyer to uphold the Constitution, whose mandates most sadly are being seriously breached by the assailed Order of the President.
I do so likewise pursuant to our people’s right to the truth (and to honor only those deserving their respect and veneration), which will be violated by said burial as it will perpetrate the lie that Marcos is a hero. I do so moreover pursuant to the right not only of human rights victims but of the entire Filipino nation to be restored of their honor and dignity (Section 11, Article II, 1987 Constitution) which were debased during the Martial law years.
I do so finally, pursuant to my duty to help preserve in our people’s collective memory as part of our nation’s historical heritage (and bequeathing it to the generations still unborn) the bitter lessons of Martial law (which the burial in a most deliberate effort to distort history is seeking to erase), lest for failure to learn from said lessons, tyranny may in the future again rule this sad land of ours.
Most evidently, our people, by reason of the violation of their aforementioned rights guaranteed by our Constitution and by International Law, will sustain legal injury if the former President’s remains are buried at the Libingan. Contrary then to the claim of the Office of the Solicitor General, any Filipino, including Petitioners, have legal standing to question said burial.
The OSG in a most desperate attempt to brush aside this issue, has claimed that it is a political question or one which is within the President’s powers, wisdom or discretionary authority to decide. This is not true since there are laws and thus judicially discoverable and manageable standards for the Honorable Supreme Court to resolve it (Vinuya, Et. Al. vs. The Honorable Executive Secretary, Et. Al, G.R. No. 162230, April 28, 2010). Contrary then to the claim of the OSG, the issue of the Marcos burial at the Libingan is perfectly justiciable.
The standards set by law are most clear. The Libingan shall be the burial place of the mortal remains only of “those illustrious sons of the Philippines, who, on account of the patriotism, knowledge, or other salient qualities possessed by them in life, attracted to themselves the respect and veneration of their fellow citizens” (Act No. 1856, 1908) and those “Presidents of the Philippines, national heroes and patriots” whose memory deserve to be perpetuated “for the inspiration and emulation of this generation and of generations still unborn” (Republic Act No. 289, 1948).
Thus, contrary to the claim of the OSG, the mere fact that Marcos is a President or soldier does not ipso facto qualify him for burial at the Libingan.
It is not true as the OSG has alleged that the Libingan is not actually reserved for heroes or its purpose has neither been to confer the people buried therein with the title of ‘hero’ nor to require that only those buried therein should be treated as heroes.
That such is the purpose of the Libingan is most clear in President Magsaysay’s Executive Order No. 77, s. 1954, honoring the memory of our war dead, finding it most “fitting and proper that their remains be interred in one national cemetery”, which he subsequently renamed through Proclamation No. 86, s. 1954 as “Libingan ng mga Bayani”, so as to make it truly “symbolic of the cause for which our soldiers have died” as well as to “express the nation’s esteem and reverence for her war dead”.
President Ramos’s own Executive Order No. 131, s. of 1993 confirms this. It declares that our “National Artists and National Scientists are national heroes who, upon death, are entitled to state funeral” and thus the honor of being buried too at the Libingan ng mga Bayani.
For all intents and purposes then, the Libingan ng mga Bayani has already become the National Pantheon, envisioned and referred to by Act No. 1856 and Republic Act No. 289. It is precisely to realize the legal intent and spirit of said laws that Presidents Magsaysay and Ramos issued their respective Executive Orders and Presidential Proclamations. It is therefore not true as claimed by the OSG that the Libingan ng mga Bayani is not already the National Pantheon referred to by said laws. This, the Honorable Supreme Court cannot reasonably disregard or be oblivious about.
The Honorable Supreme Court cannot ignore and be oblivious of its own declaration in the case of Philippine Veterans Affairs Office, Et. Al. vs. Yolanda Arquero, Et. Al. (G.R. No. 161405, July 21, 2006), acknowledging that the Libingan ng mga Bayani is “the memorial park for our national heroes… and should be respected as the fitting resting place of our fallen soldiers and martyrs” (Philippine Veterans Affairs Office, Et. Al. vs. Yolanda Arquero, Et. Al., G.R. No. 161405, July 21, 2006).
That only those deserving the respect, veneration, esteem and reverence of our nation, who can serve as an inspiration and models for emulation of this generation and of generations still unborn as provided for in said laws are fit to be honored for burial at the Libingan ng mga Bayani is in fact reinforced by Armed Forces Regulations G 161-373 issued in 1986, as it prohibits “personnel who were dishonorably separated/ reverted/ discharged from the service and personnel who were convicted by final judgment of an offense involving moral turpitude” from being interred there. This, the Honorable Supreme Court likewise cannot disregard or be oblivious about.
The Honorable Supreme Court most certainly cannot ignore and be oblivious of its numerous decisions which have indubitably established that Marcos was indeed a dictator who robbed our people of their basic rights and freedoms, who violated their human rights wholesale and who plundered the nation’s wealth. It thus, could not lawfully allow said burial, just because as argued by the OSG, Marcos was neither dishonorably discharged, nor was he was ever actually convicted of a crime involving moral turpitude.
That Marcos has not met the standards set by law and thus consequently is not deserving of the honor of being buried at the Libingan ng mga Bayani is impliedly admitted by the OSG itself when it declared that “as it is written now, Philippine history is on the side of… everyone who fought and died for democracy.” “No amount of heartfelt eulogy, gun salutes, holy anointment, and elaborate procession and rituals can transmogrify the dark pages of history during Martial Law.”
While burial at the Libingan will not make him a hero, it will perpetrate the lie, in clear distortion of history and in utter disrespect of our heroes and the entire Filipino nation, that Marcos, the plunderer and violator of human rights is a hero. That is precisely what will happen if the Honorable Supreme Court will allow said burial, thereby consequently giving the Marcoses the opportunity to parade the Dictator’s mortal remains in our streets, with all the rituals appropriate only for a hero, thus making it appear that he is indeed one worth emulating.
The people’s oppression under Martial Law and their glorious and heroic struggle against the ruthless Marcos dictatorship however are already part of our nation’s historical and cultural heritage which our Constitution and our laws direct the State to conserve and promote (Section 15, Article XIV of the 1987 Constitution; Section 2(a), Republic Act No. 10066; Section 1, Republic Act No. 10086) and whose lessons on patriotism and nationalism, respect for human rights as well as the appreciation of the role of our national heroes are not only the constitutional duty of our educational institutions to inculcate (Section 3(2), Article XIV, 1987 Constitution) but also the duty of this generation to protect and preserve for future generations of Filipinos (Justice Padilla’s Concurring Opinion in Manila Prince Hotel vs. Government Service Insurance System, Et. Al., G.R. No. 122156, February 3, 1997), lest as already mentioned, for failure to learn history’s lessons about Martial Law, darkness may in the future again rule this sad land of ours.
Allowing the burial of Marcos at the Libingan ng mga Bayani will most clearly violate said constitutional mandates, thereby seriously infringing on our people’s right to the truth and to honor only those deserving their respect and veneration as well as the right not only of human rights victims but of the entire Filipino nation to be restored of their honor and dignity (Section 11, Article II, 1987 Constitution) which were debased during the Martial law years. The OSG thus totally misses the point when it considered the matter as simply involving compensation for human rights victims.
Contrary then to the claim of the OSG, President Duterte’s order to bury Marcos at the Libingan is clearly violative of what it has itself acknowledged as an anti-dictatorship 1987 Constitution and thus is void. Being contrary to the standards prescribed by law (which is impliedly admitted by the OSG itself) it is illegal and by reason thereof, amounts to an executive usurpation of legislative power, violative of the principle of separation of powers and thus is likewise void and must be set aside.
Oral arguments on the Petitions, originally set last August 24, 2016 was moved to August 31, 2016. I find this as a most strange coincidence since we will likewise be commemorating on said date:
1) The 109th birth anniversary of President Ramon Magsaysay who is responsible for giving the cemetery its current name, to precisely honor our true war heroes whose mortal remains are interred there;
2) The 39th death anniversary of Archimedes Trajano, who is one of our numerous hero-martyrs, who was tortured and murdered by the ruthless Marcos dictatorship and
3) The 33rd anniversary of the burial of Ninoy Aquino, whose heroic death spelled the beginning of the end of the Marcos dictatorship?
Is SOMEONE somewhere actually sending us a message that we should NEVER FORGET for whom the Libingan is truly for and why Dictator Marcos is most unworthy of being buried in those hallowed grounds?
I have a strong feeling that the true heroes of our race, like Magsaysay, Trajano and Ninoy will be with us on August 31, 2016 when the oral arguments are held.
DUTERTE ELECTION, NOT JUSTIFICATION OF MARCOS BURIAL AT THE LIBINGAN
ELECTION OF DUTERTE DOES NOT ALLOW HIM TO DEFY THE LAW AND THE
CONSTITUTION BY ORDERING THE MARCOS BURIAL AT THE LIBINGAN NG MGA
BAYANI: Associate Justice Perez during the oral arguments last August
31, 2016 rhetorically asked: Is not the election of President Duterte,
the decision of the sovereign itself, to allow the Marcos’ burial at the
Libingan ng mga Bayani? I have heard that argument before from Duterte
fanatics, i.e. that by reason of Duterte’s election, he can skip due
process to wipe out criminality. Most sadly, Associate Justice Perez is
utterly mistaken. President Duterte can only enforce the law and not
defy it and the standards set by law are most clear. The Libingan shall
be the burial place of the mortal remains only of “those illustrious
sons of the Philippines, who, on account of the patriotism, knowledge,
or other salient qualities possessed by them in life, attracted to
themselves the respect and veneration of their fellow citizens” (Act No.
1856, 1908) and those “Presidents of the Philippines, national heroes
and patriots” whose memory deserve to be perpetuated “for the
inspiration and emulation of this generation and of generations still
unborn” (Republic Act No. 289, 1948).
These laws President Duterte cannot defy, more so the Constitution.
While sovereignty indeed resides in the people, the people in ratifying
the 1987 Constitution under which President Duterte was elected, have
chosen a democratic form of government which among others is
characterized by the principle of separation of powers. Duterte could
not even enter on the execution of his office as President without first
taking his oath to preserve and defend the Constitution. Thus,
President Duterte’s Order to bury Marcos at the Libingan ng mga Bayani,
being in clear contravention of the law which he is duty-bound to
enforce, is most clearly a brazen and arrogant manifestation of abuse of
power, an executive usurpation of legislative power, violative of the
principle of separation of powers, in utter disregard of the will of the
sovereign Filipino people who have vested legislative power in the
Congress of the Philippines only.
THE LIBINGAN IS A HEROES CEMETERY, NOT JUST SOLDIERS' CEMETERY
THE LIBINGAN MOST CLEARLY IS NOT MERELY A SOLDIERS' MEMORIAL BUT A
CEMETERY FOR HEROES WHICH THUS DISQUALIFIES MARCOS FOR BURIAL THERE:
Justice de Castro in implying that the Libingan ng mga Bayani is just a
soldier's memorial, appears to be supporting the view of the Office of
the Solicitor General that it is not actually reserved for heroes (the
OSG acknowledged and admitted that Marcos is not a hero). Presidential
issuances however most clearly show that it is intended precisely
as a cemetery for heroes pursuant to the pertinent laws on the matter,
thus the very reason why President Magsaysay renamed it as such.
That such is the purpose of the Libingan is most evident in President
Magsaysay’s Executive Order No. 77, s. 1954, honoring the memory of our
war dead, finding it most “fitting and proper that their remains be
interred in one national cemetery”, which he subsequently renamed
through Proclamation No. 86, s. 1954 as “Libingan ng mga Bayani”, so as
to make it truly “symbolic of the cause for which our soldiers have
died” (namely, their heroism in defense of freedom and democracy) as
well as to “express the nation’s esteem and reverence for her war dead”.
President Ramos’s own Executive Order No. 131, s. of 1993 confirms this. It declares that our “National Artists and National Scientists are national heroes who, upon death, are entitled to state funeral” and thus the honor of being buried too at the Libingan ng mga Bayani.
For all intents and purposes then, the Libingan ng mga Bayani has already become the National Pantheon, envisioned and referred to by Act No. 1856 and Republic Act No. 289. It is precisely to realize the legal intent and spirit of said laws which reserve the National Pantheon only to those which can serve as an inspiration and as models for emulation, that President Ramos expanded the coverage as to who may be buried there to include National Artists and National Scientists who he declared are also national heroes.
The Honorable Supreme Court cannot ignore and be oblivious of its own declaration in the case of Philippine Veterans Affairs Office, Et. Al. vs. Yolanda Arquero, Et. Al. (G.R. No. 161405, July 21, 2006), acknowledging that the Libingan ng mga Bayani is “the memorial park for our national heroes… and should be respected as the fitting resting place of our fallen soldiers and martyrs”.
That some who were buried there are not heroes does not depart from the fact that it is intended as its name connotes as a heroes cemetery and Marcos, the dictator, plunderer and human rights violator cannot at all be considered a hero. The laws are there and they provide standards as to who are deserving to be buried at the Libingan. Now that a legal dispute has arisen, it is the solemn constitutional duty of the Honorable Supreme Court to so interpret the law, apply the standards that they provide and stop the burial of Marcos at the Libingan.
President Ramos’s own Executive Order No. 131, s. of 1993 confirms this. It declares that our “National Artists and National Scientists are national heroes who, upon death, are entitled to state funeral” and thus the honor of being buried too at the Libingan ng mga Bayani.
For all intents and purposes then, the Libingan ng mga Bayani has already become the National Pantheon, envisioned and referred to by Act No. 1856 and Republic Act No. 289. It is precisely to realize the legal intent and spirit of said laws which reserve the National Pantheon only to those which can serve as an inspiration and as models for emulation, that President Ramos expanded the coverage as to who may be buried there to include National Artists and National Scientists who he declared are also national heroes.
The Honorable Supreme Court cannot ignore and be oblivious of its own declaration in the case of Philippine Veterans Affairs Office, Et. Al. vs. Yolanda Arquero, Et. Al. (G.R. No. 161405, July 21, 2006), acknowledging that the Libingan ng mga Bayani is “the memorial park for our national heroes… and should be respected as the fitting resting place of our fallen soldiers and martyrs”.
That some who were buried there are not heroes does not depart from the fact that it is intended as its name connotes as a heroes cemetery and Marcos, the dictator, plunderer and human rights violator cannot at all be considered a hero. The laws are there and they provide standards as to who are deserving to be buried at the Libingan. Now that a legal dispute has arisen, it is the solemn constitutional duty of the Honorable Supreme Court to so interpret the law, apply the standards that they provide and stop the burial of Marcos at the Libingan.
DEATH PENALTY, NOT EFFECTIVE DETERRENT
The President wants to restore the death penalty to strike fear in the
hearts of criminals. It fails to consider that crime has socio-economic
causes like poverty and injustice. Ang taong nagigipit kahit sa patalim
kakapit. People who are victims of injustice and cannot get justice from
our legal system, will take the law into their own hands. It likewise
fails to consider that what is lacking and what we need is a strict and
consistent enforcement of the law through our justice system. This is
what will effectively deter crimes and not any killing or death penalty.
What is needed is a strict and consistent enforcement of the law, so that people will know that when they commit a crime, there is certainty of punishment and there will be no escape from the long arm of the law.
What is needed is a strict and consistent enforcement of the law, so that people will know that when they commit a crime, there is certainty of punishment and there will be no escape from the long arm of the law.
THE DIGNITY OF THE ENTIRE NATION WILL BE DEBASED IF MARCOS IS BURIED AT THE LNMB
The Libingan ng mga Bayani is hallowed
ground, for interred therein are the mortal remains of the Filipino
people’s war heroes and martyrs who fought for our freedom during the
Second World War. Previously named “Republic Memorial Cemetery”, the
late President Ramon Magsaysay, saw it most fitting to rename it
“Libingan ng mga Bayani”, to truly represent “the cause for which our
soldiers have died” (namely the defense of our people’s freedom and
democracy) as well as “express the nation’s esteem and reverence for her
war dead” (Proclamation No. 86, October 27, 1954).
It is hallowed ground for it also keeps the mortal remains of other illustrious men and women of our nation, among them, our National Artists and National Scientists who are themselves our people’s national heroes deserving too of appropriate honors/ceremonies befitting their stature as declared by President Ramos in his Executive Order No. 131, s. 1993.
By reason of the fact of the burial of these national heroes of ours in this hallowed ground and through these Presidential Proclamations, the Libingan ng mga Bayani, for all intents and purposes, has already become our country’s National Pantheon envisioned by Act No. 1856 way back in 1908 and reiterated by Republic Act No. 289 in 1948, which laws clearly granted our people the right to honor only as heroes those deserving their respect and veneration; esteem and reverence and who can serve as inspiration and models for emulation of this generation and of generations still unborn.
It is these hallowed grounds, particularly, the memory of our national heroes which the President most sadly now seeks to desecrate when he recently issued his order allowing the burial at the Libingan of one acknowledged as one of the most corrupt leaders of the world, who has shamelessly plundered the people’s money and violated wholesale their human rights, which consequently will perpetrate the lie that he is a hero, in blatant violation of the right of the Filipino people, including the generations still unborn, to those whom they will honor only as heroes.
The dark years of the Marcos dictatorship which has in fact debased the honor and dignity of the entire Filipino nation and the people’s glorious and heroic struggle which eventually toppled it, is already part of the country’s historical and cultural heritage, which they have the right and duty to preserve in their collective memory, to enable them to pass it to the generations still unborn, lest failure to do so and thus learn from its lessons, may again allow tyranny to rule this sad land of ours.
The said Order of the President, sadly will likewise violate their right to restore their said debased honor and dignity as well as their right to the truth of their said historical heritage, as the burial will most evidently distort history as to who Marcos was to the Filipino people and thus consequently erase or at the very least dim from their collective memory what really happened during the martial law years.
By reason of the foregoing, said Order of the President is not only illegal but unconstitutional but a most great injustice to our people, an affront to their dignity as well as their right to the truth as regards their historical heritage, more particularly of the countless victims of human rights violations during Martial Law, whose “heroism and sacrifices”, have already been recognized by law and whose honor and dignity the State is legally mandated to restore (Republic Act No. 10368).
It is this most underserved illegal as well as unconstitutional burial which the Petitions now pending before the Honorable Supreme Court seek to prevent. Filipinos who may not be actually human rights victims of torture, murder, disappearance and illegal detention have themselves sustained legal injury and may in fact themselves file a Petition before the Honorable Supreme Court not only on behalf of themselves but in representation of the generations still unborn.
As early as 1948, our legislators have already the concept of intergenerational responsibility, the need to preserve and perpetuate the memory of our “national heroes and patriots for the inspiration and emulation of this generation and of generations still unborn”. After all, the patrimony of the nation which our Constitution mandates us to conserve and develop “refers not only to our rich natural resources but also to the cultural heritage of our race” and as Justice Padilla, adds in his Concurring Opinion in Manila Prince Hotel vs. Government Service Insurance System, Et. Al. ( G.R. No. 122156, February 3, 1997), also our historical heritage.
It is more importantly, on behalf of our children, our grandchildren, and the generations still unborn that this generation should oppose this burial, so that it will be forever be preserved in our people’s collective memory what really happened in those dark days of our history (which the burial seeks to erase), that never again should we allow tyranny to descend on this most unfortunate land of ours.
It is hallowed ground for it also keeps the mortal remains of other illustrious men and women of our nation, among them, our National Artists and National Scientists who are themselves our people’s national heroes deserving too of appropriate honors/ceremonies befitting their stature as declared by President Ramos in his Executive Order No. 131, s. 1993.
By reason of the fact of the burial of these national heroes of ours in this hallowed ground and through these Presidential Proclamations, the Libingan ng mga Bayani, for all intents and purposes, has already become our country’s National Pantheon envisioned by Act No. 1856 way back in 1908 and reiterated by Republic Act No. 289 in 1948, which laws clearly granted our people the right to honor only as heroes those deserving their respect and veneration; esteem and reverence and who can serve as inspiration and models for emulation of this generation and of generations still unborn.
It is these hallowed grounds, particularly, the memory of our national heroes which the President most sadly now seeks to desecrate when he recently issued his order allowing the burial at the Libingan of one acknowledged as one of the most corrupt leaders of the world, who has shamelessly plundered the people’s money and violated wholesale their human rights, which consequently will perpetrate the lie that he is a hero, in blatant violation of the right of the Filipino people, including the generations still unborn, to those whom they will honor only as heroes.
The dark years of the Marcos dictatorship which has in fact debased the honor and dignity of the entire Filipino nation and the people’s glorious and heroic struggle which eventually toppled it, is already part of the country’s historical and cultural heritage, which they have the right and duty to preserve in their collective memory, to enable them to pass it to the generations still unborn, lest failure to do so and thus learn from its lessons, may again allow tyranny to rule this sad land of ours.
The said Order of the President, sadly will likewise violate their right to restore their said debased honor and dignity as well as their right to the truth of their said historical heritage, as the burial will most evidently distort history as to who Marcos was to the Filipino people and thus consequently erase or at the very least dim from their collective memory what really happened during the martial law years.
By reason of the foregoing, said Order of the President is not only illegal but unconstitutional but a most great injustice to our people, an affront to their dignity as well as their right to the truth as regards their historical heritage, more particularly of the countless victims of human rights violations during Martial Law, whose “heroism and sacrifices”, have already been recognized by law and whose honor and dignity the State is legally mandated to restore (Republic Act No. 10368).
It is this most underserved illegal as well as unconstitutional burial which the Petitions now pending before the Honorable Supreme Court seek to prevent. Filipinos who may not be actually human rights victims of torture, murder, disappearance and illegal detention have themselves sustained legal injury and may in fact themselves file a Petition before the Honorable Supreme Court not only on behalf of themselves but in representation of the generations still unborn.
As early as 1948, our legislators have already the concept of intergenerational responsibility, the need to preserve and perpetuate the memory of our “national heroes and patriots for the inspiration and emulation of this generation and of generations still unborn”. After all, the patrimony of the nation which our Constitution mandates us to conserve and develop “refers not only to our rich natural resources but also to the cultural heritage of our race” and as Justice Padilla, adds in his Concurring Opinion in Manila Prince Hotel vs. Government Service Insurance System, Et. Al. ( G.R. No. 122156, February 3, 1997), also our historical heritage.
It is more importantly, on behalf of our children, our grandchildren, and the generations still unborn that this generation should oppose this burial, so that it will be forever be preserved in our people’s collective memory what really happened in those dark days of our history (which the burial seeks to erase), that never again should we allow tyranny to descend on this most unfortunate land of ours.
DRUG ADDICTS NEED TO BE HEALED, NOT KILLED
President Duterte was recently quoted to have said that he was
willing to kill the 3 million drug addicts in the Philippines if it were
the only way to solve the country’s drug problem (http://newsinfo. inquirer.net/820847/heil-digong).
But that is not the only way to solve the drug problem as the President most sadly falsely assumes. He fails to consider that drug addiction is a medical problem. Drug addicts need to be healed and not killed. His meting a death sentence on drug addicts is not only unjust but illegal. The law on the matter itself (The Comprehensive Dangerous Drugs Act of 2002) does not consider them beyond salvation as the President seems to believe, for which extermination is the only solution, as Section 15 thereof most clearly provides that those who are apprehended or arrested, who are found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation. Indeed, the law itself provides that they should be rehabilitated and not exterminated. Yet sadly, we have death squads roaming around killing persons who are merely drug dependents, who may still be rehabilitated and thus positively contribute to the country’s well-being.
But that is not the only way to solve the drug problem as the President most sadly falsely assumes. He fails to consider that drug addiction is a medical problem. Drug addicts need to be healed and not killed. His meting a death sentence on drug addicts is not only unjust but illegal. The law on the matter itself (The Comprehensive Dangerous Drugs Act of 2002) does not consider them beyond salvation as the President seems to believe, for which extermination is the only solution, as Section 15 thereof most clearly provides that those who are apprehended or arrested, who are found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation. Indeed, the law itself provides that they should be rehabilitated and not exterminated. Yet sadly, we have death squads roaming around killing persons who are merely drug dependents, who may still be rehabilitated and thus positively contribute to the country’s well-being.
It should likewise be borne in mind that drug addiction may only be a
symptom of a deeper problem. Studies show that persons with disability,
wanting to numb the physical and/or emotional pain they experience end
up with substance abuse (https://www.addiction.
com/4012/substance-abuse-disability/). Thus, meting a death sentence
on them is doubly illegal since their rehabilitation is in fact the
Government’s concern as mandated by the Magna Carta for Disabled
Persons.
Hitler did not only exterminate the Jews. He likewise also murdered mentally and physically disabled Germans whom he considered as burdens on society. This is the image of persons with disability which the Magna Carta precisely seeks to demolish, to accord to them the rights and privileges that they are entitled to as human persons and to break the social barriers which limit their fullest possible participation in the life of the community. Sadly, this very rationale of the law is being subverted by the President’s latest pronouncements on drug addicts.
We want our President to succeed as his success will ultimately redound to the people’s benefit. Instead of rationalizing and justifying his latest pronouncements, we who truly care for him and our people have to tell him that his view on drug addicts is a most grievous error.
Hitler did not only exterminate the Jews. He likewise also murdered mentally and physically disabled Germans whom he considered as burdens on society. This is the image of persons with disability which the Magna Carta precisely seeks to demolish, to accord to them the rights and privileges that they are entitled to as human persons and to break the social barriers which limit their fullest possible participation in the life of the community. Sadly, this very rationale of the law is being subverted by the President’s latest pronouncements on drug addicts.
We want our President to succeed as his success will ultimately redound to the people’s benefit. Instead of rationalizing and justifying his latest pronouncements, we who truly care for him and our people have to tell him that his view on drug addicts is a most grievous error.
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