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.