Martial Law victims turned to the Supreme Court on Monday to stop the government’s plan to bury the remains of former President Ferdinand Marcos at the Libingan ng mga Bayani (LNMB).
In a petition, the victims, led by former Bayan Muna party-list Reps. Satur Ocampo, Neri Colmenares, and Bonifacio Ilagan, accused the government of grave abuse of discretion for allowing the burial.
“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 petitioners said.
Named respondents in the petition were Rear Admiral Ernesto Enriquez, Armed Forces of the Philippines chief Gen. Ricardo Visaya, Defense Secretary Delfin Lorenzana, and the heirs of the late president represented by his spouse, Ilocos Norte Rep. Imelda Marcos.
The petitioners said the planned burial approved by President Rodrigo Duterte violates Republic Act 289, which only allows the burial of a president or soldier worthy of public inspiration and emulation.
They also said the burial is contrary to public policy under the law (Republic Act 10638) that recognizes the massive human rights violations under the Marcos regime and is against the 1993 deal between the Philippine government and the Marcos family that the former leader’s remains should be buried in his home province of 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,” the petitioners said.
“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 added.
The petitioners also cited AFP Regulation G 161-373, which bars ”those who have been dishonorably discharged from service, or personnel convicted of an offense involving moral turpitude” from being buried at the hero’s cemetery.
“The crimes of Marcos against the Filipino people and even against humanity involved moral turpitude,” the petition stated.
“Hence, public policy dictates that 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 the present.”
Duterte has been unwavering in his stand to bury Marcos at the Libingan ng mga Bayani on the basis of Marcos being a former president and a soldier who took part in the resistance movement against the Japanese during World War II.
Human rights victims and opponents of the Marcos family denounced the President’s decision, braving the rain and mud on Sunday at a protest rally in Luneta to call on Duterte to change his mind.
Marcos was ousted from power in 1986 following a People Power revolt. He died three years later while on exile in Hawaii.
(UPDATED) ‘Let the people decide,’ former president Fidel V. Ramos says, as he pushes Congress to issue a resolution about Marcos’ burial
DUTERTE ALLY. Former Interior Secretary Rafael Alunan III speaks at the Philippine Consulate General in Hong Kong, China, on August 12, 2016. Photo by Jerome Favre/EPA
MANILA, Philippines – While President Rodrigo Duterte promised a hero’s burial for dictator Ferdinand Marcos, a deal approved during the term of his supporter, former president Fidel V. Ramos, prevents this from happening.
In a news conference on Saturday, August 13, Duterte ally Rafael Alunan III said a deal signed in 1992 states the following:
The Philippine government will allow the return of Marcos’ remains to the Philippines on the condition that “it’s flown straight to Paoay” in Ilocos Norte, from Hawaii
Marcos “would be given honors befitting a major of the Armed Forces of the Philippines, because that was his last rank in the Armed Forces”
Marcos’ remains “will not be allowed to be paraded in Metro Manila” because the wounds of the Marcos regime “were still fresh in the minds of many people, and we could not afford bloodshed and instability during our watch”
“Because the burial will have to be done in Ilocos Norte, there will be no burial in Libingan ng mga Bayani
Alunan said the Philippine government and the Marcos camp signed this agreement in 1992.
“I would think that because the agreement is still in force, then both sides should honor it,” he said.
‘Let the people decide’
Ramos, for his part, said Congress must decide whether Marcos will be buried at the Libingan ng mga Bayani.
“I said officially, let the people decide. Who are the people? Our representatives and senators now sitting in Congress,” said Ramos, who served in the military under Marcos until turning on him in 1986.
He also suggested that elected lawmakers issue a resolution about Marcos’ burial, saying it would reflect the will of the people.
Ramos and Alunan made these remarks after Duterte sent them to Hong Kong for informal talks with Chinese representatives regarding the West Philippine Sea (South China Sea).
In a separate Facebook post on Saturday, Alunan said the agreement took into consideration the following:
“The divisiveness of the issue”
“The potential for bloodshed at the time” that the government wanted to prevent
“The recognition of criminal wrongdoing by his regime that led to his ouster as president and commander-in-chief; and his disqualification for burial honors in the Libingan ng mga Bayani as a logical consequence”
Protecting Duterte
Alunan added that he wants to protect the presidency of Duterte, also known by his initials PRRD.
“I would like to add that we are protective of PRRD’s presidency; and any issue we see that could undermine his effectiveness and erode his political capital too early in the game compels us to speak out and point the way for his consideration and appropriate action,” Alunan said.
He also said the issue is not whether Marcos deserves a hero’s burial as a past president or soldier, “but whether he meets the qualifications of a ‘bayani’ (hero) out of respect for those who lived up to the standards of heroism till the end.”
Alunan said, “His ouster as President and commander-in-chief speaks for itself, and the exception to the rule that disqualifies a candidate should apply here.”
Other Duterte supporters, such as Senate President Aquilino Pimentel III and Senator Alan Peter Cayetano, also reject a hero’s burial for Marcos.
Duterte however asserted on Thursday, August 11, that Marcos deserves a hero’s burial because he is a soldier and a former president.
The President said this is allowed under Philippine laws.
The Army will give military honors to the late dictator Ferdinand Marcos when his remains are interred at the Libingan ng mga Bayani, Army spokesman Colonel Benjamin Hao said on Friday.
Hao said the Army had been ordered to provide all necessary military honors to the former president.
The order was contained in a directive, dated August 9, signed by Rear Admiral Ernesto Enriquez, the Armed Forces of the Philippines Deputy Chief of Staff for Reservist and Retiree Affairs.
It was upon the command of AFP Chief of Staff General Ricardo R Visaya.
The Army was also ordered to provide vigil, a bugler and a drummer, a firing party, military host/pallbearers, escort and transportation, and arrival and departure honors.
Hao said the Army had designated a protocol officer to coordinate with the Marcos family as regards the details of the burial plan.
“May protocol officer na nag nakikipag-coordinate sa pamilya. Hopefully by Monday makapagreport na sa amin at malaman na namin ang detalye sa libing,” he said in an interview with reporters.
He said the Marcos family should inform the Army of their requests.
“Pwede silang magrequest basta magbigay sila ng list of visitors kasi kami ang magpe-prepare and magpo-provide ng chairs and tents,” Hao said.
Campaign promise
President Rodrigo Duterte has made good his campaign promise to allow Marcos’ burial at the heroes’ cemetery.
Addressing critics on Thursday night, Duterte said Marcos’ interment at the Libingan ng mga Bayani “doesn’t mean he’s a hero in the true sense of the word.”
He added that the law allows former soldiers and presidents to be buried there.
Duterte added he would be violating the law if he didn’t allow Marcos to be interred at the Libingan ng mga Bayani.
He said he didn’t care about the issue of whether Marcos had fake war medals or that the former president’s World War II service did not appear in United States records.
Duterte also laid the blame on the past Aquino administrations for not revising the law.
“Dapat nagpasa sila ng batas na hindi pwedeng ilibing si Marcos,” said Duterte.
The late former Corazon Aquino was installed via the 1986 People Power Revolution that ended the Marcos dictatorship. Her son Benigno Aquino III, meanwhile, was president from 2010 to 2016.
Corazon Aquino’s husband Benigno Aquino Jr., a staunch Marcos opponent, was slain in 1983 upon his return from exile to the Philippines, sparking widespread protests against the dictatorship.
President Rodrigo Duterte says the Aquinos and their supporters should have passed a law banning a hero’s burial for the late strongman when they were still in power
YES TO MARCOS’ BURIAL. President Rodrigo Duterte reiterates that the late strongman Ferdinand Marcos deserves to be buried at the Libingan ng mga Bayani. File photo by Simeon Celi/PPD
MANILA, Philippines – It’s not an issue about whether one is a hero or not but upholding the “law.”
President Rodrigo Duterte on Thursday reiterated his argument that the late strongman Ferdinand Marcos deserves to be buried at the Libingan ng mga Bayani because he is a soldier and a former president.
In allowing the transfer of Marcos’ remains from Ilocos to the Libingan ng mga Bayani (Heroes’ Cemetery), Duterte said he is not arguing whether or not the former dictator is a hero “in the true sense of the word.” (READ: #AnimatED: Marcos, Duterte and burying our history)
“Even if he is not a hero, he was a soldier. Even if he didn’t receive the medals, correct, but that is the record of another country. Why would I, in making a decision, refer to the records of another country? We have long ceased to be a vassal state of the United States (US). Tapos na ‘yan (That’s over). It’s history,” said Duterte on Thursday, August 11, at a press conference in Davao City.
“Ang Pilipinas (The Philippines) is you need only to be a president and a solider. Nobody is debating about heroes here. Assuming it to be true na wala siyang medalya (that he does not have medals) or not validated by an American record does not mean that he is not qualified to be buried there. So what’s the objection?” he added.
The US holds all official World War II records related to the Philippines, which was part of the United States Army Forces in the Far East (USAFFE) during the last war.
The National Historical Commission of the Philippines, which opposed a hero’s burial for Marcos, noted that US military files showed that the late dictator’s stint as a World War II soldier was “fraught with myths, factual inconsistencies, and lies.”
Still, the Department of National Defense said that as per the rules of the Armed Forces of the Philippines (AFP), Marcos can be buried at the Libingan ng mga Bayani because he was a former president, soldier, defense secretary, and war veteran.
“I would like to say forget about the medals. Just focus on whether he is a Filipino. He fought for his country, and he’s once upon a time a president. That’s the law! We cannot go out of the law….Nobody is questioning about his [being] a hero [or not]. I am not dwelling on his exploits,” said Duterte.
The government’s announcement of its preparations to give Marcos a hero’s burial on September 18 sparked public outrage offline and online.
Lawmakers, historians, and martial law victims and their relatives argued that the killings, torture, disappearances, corruption, and media oppression that perpetuated under Marcos’ 21-year rule make him unfit to be buried at the Libingan ng mga Bayani.
Duterte, however, said he would allow Filipinos to stage protests against Marcos’ burial.
‘Why didn’t critics pass law banning Marcos at Libingan?’
On Thursday, Duterte said Marcos’ critics should have passed a law banning his burial at the Libingan ng mga Bayani.
He singled out the members of the Aquino family.
“Alam mo kasi, kung ginusto nila – and they were already in power at the time, itong mga yellow – dapat nagpasa sila ng batas na hindi puwedeng ilibing si Marcos when the guy was already in Guam in exile. They should have passed a law prohibiting Marcos if ever he comes home dead to be buried in the Libingan ng mga Bayani….But nothing has been done. Bakit kinalimutan ang elementary procedure na ‘yan?” said Duterte.
(You know, if they had wanted it – and they were already in power at the time, the yellows – they should passed a law when Marcos was still in Guam that if ever he would return to the country dead, he cannot be buried at the Libingan ng mga Bayani… But nothing has been done. Why was this elementary procedure forgotten?)
The late senator Benigno Aquino Jr fought the Marcos dictatorship, leading to his assassination. His wife former president Corazon Aquino became the symbol of the 1986 People Power Revolution that toppled Marcos out of office.
“Yellow” became the signature color of the late president Corazon Aquino, and all those opposed to the Marcos dictatorship. It later became the color representing the political party of former President Benigno Aquino III, the Liberal Party.
Duterte said that if he prohibits Marcos’ burial, he would be disobeying the “law,” apparently referring to the AFP guidelines which AFP Chief General Ricardo Visaya had used to justify the plan.
“I am a president and I’ve sworn my duty to follow the law, not to follow the sentiments of a political side of the other side of the fence,” he said.
Contrary to Duterte’s views
Some of the President’s staunchest allies, however, disagree with him, including Senate President Aquilino Pimentel III and Senator Alan Peter Cayetano, Duterte’s running mate.
“I support the President but I do not agree that Marcos should be given a hero’s burial…I hope that it (Marcos’ burial) will provide closure, but it is not the kind of closure I agree with…The Marcos family is making an effort to revise history,” Cayetano told ANC’s Headstart on Friday morning.
Vice President Leni Robredo also said that “Marcos is no hero.” She is currently facing an electoral protest filed against her by the late strongman’s son, former Senator Ferdinand “Bongbong” Marcos Jr, whom she beat by a hairline in the 2016 polls.
The law was passed to recognize the heroism and sacrifices of all Filipinos who were victims of summary execution, torture, enforced or involuntary disappearance, and other gross human rights violations from September 21, 1972, to February 25, 1986.
Past Aquino administrations should have passed a law banning the burial of the late dictator Ferdinand Marcos at the Libingan ng mga Bayani, President Rodrigo Duterte said on Thursday night.
Duterte indicated that without such a law, he would have no basis in denying the dead president his burial at the heroes’ cemetery.
“Sana ginawang nilang batas, because of his despotic regime, Marcos should not be buried at the Libingan ng mga Bayani,” Duterte said in a late night news conference at the Presidential Guest House in Panacan, Davao City.
Without such a law, Duterte asked, “What will be the basis in denying the burial of Marcos at the Libingan ng mga Bayani?”
The late former Corazon Aquino was installed via the 1986 People Power Revolution that ended the Marcos dictatorship.
Her son Benigno Aquino III, meanwhile, was president from 2010 to 2016. His father Benigno Aquino Jr., a staunch Marcos opponent, was slain in 1983 upon his return from exile to the Philippines, sparking widespread protests against the dictatorship.
“Alam mo kasi kung ginusto nila ang they were already in power that time, mga yellow, dapat nagpasa sila ng batas na hindi pwedeng ilibing si Marcos when the guy was already in Guam in exile, they should have passed a law prohibiting marcos if ever comes home dead to be buried in the Libingan ng mga Bayani,” Duterte said.
“That’s a generic title because not everybody there is a hero. Yung iba nag-retire… but it does not mean that he really is a hero in the true sense of the word. Hindi naman lahat diyan medal of valor,” he added.
Duterte said he was sworn to implement the country’s laws and not follow the political preferences of certain groups.
He reiterated that a go-signal for the said burial is a unifying move, calling Duterte’s pronouncement a “kind, rightful, and healing gesture.”
“We are deeply grateful to President Rody Duterte for allowing the burial of the late President Ferdinand E. Marcos at the Libingan ng mga Bayani this September,” read the statement, posted Sunday.