Friday, October 7, 2016

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.

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