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.
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