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Why the SC is allowing a 'Libingan' burial for Marcos

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<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img src="http://sa.kapamilya.com/absnews/abscbnnews/media/news-special1/nation/07/2/ferdinand-marcos-sr.jpg"/></figure></div><p>MANILA <strong>(UPDATE)</strong> - The Supreme Court (SC) has allowed the burial of former President Ferdinand Marcos at the Libingan ng mga Bayani (LNMB), ending a decades-long dispute over whether the late dictator deserves a burial at the heroes&#x27; cemetery.</p><p>Here are highlights of the majority decision: </p><div><strong>1. No abuse of discretion</strong></div><p>No grave abuse of discretion on the part of the President in ordering the burial of the remains of the former president at the Libingan Ng Mga Bayani because this was done in the exercise of his mandate under Article 7, Section 17 of the 1987 Constitution</p><div><strong>2. No law barring Marcos&#x27; burial at the LNMB</strong></div><p>The President has a power to reserve, under the Administrative Code, for public use and for specific public purposes any of the lands of the public domain, and that the reserved land shall remain subject to the specific public purpose indicated until otherwise provided by law or proclamation. The Court found that there is no law or executive issuance at present that specifically excludes the land on which the LNMB is located from the use it was originally intended by the previous presidents.</p><div><strong>3. Marcos possessed qualifications to be buried at the LNMB</strong></div><p>The Court found that under pertinent Armed Forces of the Philippines regulations, particularly Reg. G161-375, Marcos&#x27; remains could be interred at LNMB because Marcos possessed the qualifications and none of the disqualifications under the resolutions, pointing out that he was a former president, he was a former commander-in-chief, he was a former soldier, Medal of Valor awardee, former legislator, Secretary of National Defense. The Court also disagreed with the position articulated by some justices as well as petitioners that the former president had been dishonorably discharged, saying that that this specific disqualification pertains only to the military covered under the Articles of War and specifically those in the active service.</p><div><strong>4. Marcos not convicted of crimes involving moral turpitude</strong></div><p>The Court disagreed that Marcos was disqualified because he had not been convicted of crimes involving moral turpitude. The Court said that the cases cited by the petitioners, which were cases abroad, were all civil in nature, and therefore he has not been convicted by any final judgement involving moral turpitude.</p><div><strong>BONGBONG THANKS SC, DUTERTE</strong></div><p>The high court voted 9-5 in favor of the burial, which was opposed by forces who toppled the dictatorship in the historic 1986 EDSA Revolution.</p><p>Marcos&#x27; only son and namesake, former Senator Bongbong Marcos, thanked President Duterte for backing his father&#x27;s burial at the heroes&#x27; cemetery and the high court as well for its decision.</p><p>&quot;We are deeply grateful to the Supreme Court for its decision to allow the burial of my father, former President Ferdinand E. Marcos, at the Libingan ng mga Bayani. Once again, the Supreme Court has taken a magnanimous act to uphold the rule of law,&quot; Marcos said in a statement.<br/> <br/>&quot;We also would like to extend our sincerest gratitude to President Rodrigo Duterte as his unwavering commitment to this issue sustained us these past several months. Our family will forever be thankful for his kind gesture.&quot;</p><p>Duterte had argued that allowing the burial of the late president at the Libingan ng mga Bayani will finally heal old wounds.</p><p>He added that the issue of Marcos&#x27; burial had left Ilocanos alienated.</p><p>&quot;What I must say now is we have alienated the entire, almost entire Ilocano people. We can not just do that because we are all Filipinos,&quot; he previously said. </p><p>During the presidential election campaign, Duterte promised to allow Marcos&#x27; burial in the Libingan ng mga Bayani. </p><p>Ilocos Norte Governor Imee Marcos, meanwhile, called for peace and forgiveness following the SC decision.</p><p>&quot;&#x27;Wag na tayo mag-debate. Kung ano man ang ating galit, hinanakit sa inyong puso, let it go na po,&quot; Marcos&#x27; daughter said.</p><p>(Let&#x27;s not debate about this anymore. Whatever hate, resentment you have in your heart, let it go.)</p><p>&quot;Magpatawad na tayo, magkaisa na tayo, mag move on na ang Pilipinas,&quot; she added.</p><p>(Let us forgive, let us be united, let the Philippines move on.)</p><p>Mr. Marcos said he also hopes that the SC decision will &quot;lead the nation towards healing as we endeavor to move the country forward to give every Filipino a better life.&quot;</p><p>The former senator would have been the country&#x27;s vice-president had he not lost to Leni Robredo by a slim margin. </p><p>Duterte has not been shy about his support for the defeated vice-presidential candidate and his family.</p>

<p>MANILA (UPDATE) - The Supreme Court (SC) has allowed the burial of former President Ferdinand Marcos at the Libingan ng mga Bayani, ending a decades-long dispute over whether the late dictator deserves a burial at the heroes' cemetery.</p>

MANILA (UPDATE) - The Supreme Court (SC) has allowed the burial of former President Ferdinand Marcos at the Libingan ng mga Bayani, ending a decades-long dispute over whether the late dictator deserves a burial at the heroes' cemetery.