Martial Law victims to SC: Stop Marcos burial at LNMB

Martial Law victims led by former political detainees and people’s organizations filed a petition at the Supreme Court Monday, August 15, for Certiorari and Prohibition with Application for a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction to disallow the burial of the deposed dictator Ferdinand E. Marcos at the Libingan ng mga Bayani (LNMB).

Among the petitioners are: Rep. Satur Ocampo, Trinidad Herrera Repuno, National Artist Prof. Bienvenido Lumbera, Bonifacio Ilagan, and Neri Javier Colmenares; Bagong Alyansang Makabayan (Bayan) represented by Dr. Carol Araullo; and, Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (Selda) represented by Fr. Dionito Cabillas, Carmencita Florentino, Rodolfo del Rosario, Felix Dalisay and Danilo dela Fuente. Named respondents to the said petition are Rear Admiral Ernesto C. Enriquez of the Armed Forces of the Philippines (AFP), AFP Chief of Staff Gen. Ricardo Visaya, Defense Secretary Delfin Lorenzana, and heirs of Ferdinand E. Marcos represented by his spouse, Imelda Romualdez Marcos.

The petitioners said the “public respondents committed grave abuse of discretion amounting to lack or excess of jurisdiction in ordering and allowing the burial of the remains of Ferdinand Marcos at the Libingan ng mga Bayani” because of the following:

Existing laws prohibit the burial of Ferdinand Marcos at the LNMB, including AFP Regulations G 161-373, which states that “those who have been dishonorably discharged from service, or personnel convicted of an offense involving moral turpitude, do not qualify for interment;” Republic Act 289 which provides that the purpose of the construction of the LNMB is “to perpetuate the memory of all Presidents of the Philippines, national heroes and patriots for the inspiration and emulation of this generation and of generations still unborn;” and the Republic Act 10368 or the Human Rights Victims Reparation and Recognition Act of 2013 which enshrines into law the recognition of the human rights violations committed during the Marcos regime and the moral and legal obligation of the State to recognize and provide reparation to the victims.
The interment of the remains of Marcos at the LNMB is contrary to public policy, as “he is not entitled to any hero’s burial notwithstanding the fact of his presidency, which he overly abused, and his military record, which remains dubious up to present.” The petition also cited the study conducted by the National Historical Commission of the Philippines (NHCP) belying the claim of Marcos of being a World War II hero and bemedalled soldier.
The interment of the remains of Marcos at the LNMB with the honors that supposedly befit only Filipino Heroes with overall unblemished integrity and dignity is contrary to the Constitution.
The AFP Regulations that is cited to support the interment of the remains of Marcos at the LNMB is contrary to the Constitution and RA 289 and is therefore void.

The petitioners further cited the 1993 agreement between the Philippine government represented by then Pres. Fidel Ramos and the Marcos family that Ferdinand Sr.’s remains will be buried in Ilocos Norte.

“To abandon the agreement, reboot the entire process, exhume his remains and allow his burial at LNMB is to relive the terror and horrors of his victims who have, until now, not been given justice. While his victims will be forgotten, Marcos will be remembered as a president given a hero’s burial in violation of the law and even their contractual commitment with the Philippine government,” they said.

“This will not achieve the purpose of closure espoused or accepted by others. While Marcos rests in peace in LNMB, his victims who continue to cry out for justice, can never rest in peace…The tyrant, dictator, and puppet must stay where he is. Let us just let sleeping dogs lie,” the petitioners concluded.

The petition may be viewed here: https://www.karapatan.org/files/Petion%20for%20Certiorari%20-%20Ocampo%20vs%20Enriquez%20%20.pdf