Marcos Burial Motion For Reconsideration 24november2016
Marcos Burial Motion For Reconsideration 24november2016
Marcos Burial Motion For Reconsideration 24november2016
2016
at 9:46 AM
PETITIONERS
PRELIMINARY STATEMENT
10. These are the very reasons why the Marcos burial in
LNMB transcends politics. These are the very reasons why President
Duterte’s policy on burying Marcos in the LNMB is not a political
question which is beyond the judicial scalpel to excise.
11. These are the very reasons why such a policy is flawed
and its implementation is tainted with gross abuse of discretion
amounting to lack or excess of jurisdiction because it violates the
Constitution, relevant statues and pertinent decisions of the
Honorable Supreme Court, all of which are justiciable.
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GROUNDS RELIED UPON FOR RECONSIDERATION
I.
MARCOS’ BURIAL IN THE LIBINGAN NG MGA
BAYANI (LNMB) WILL NOT LEAD TO CLOSURE.
II.
AFP REGULATIONS G 161-375 DATED SEPTEMBER
11, 2002 ISSUED BY THE DEPARTMENT OF
NATIONAL DEFENSE IS NOT EFFECTIVE AND
ENFORCEABLE, AND CONSEQUENTLY, IT COULD
NOT BE THE BASIS FOR THE INTERMENT OF
MARCOS IN THE LNMB.
III.
THERE ARE LAWS AND SUPREME COURT
DECISIONS WHICH MILITATE AGAINST AND
EFFECTIVELY PROHIBIT THE MARCOS BURIAL IN
THE LNMB.
IV.
THE MESSAGE OF THE EDSA PEOPLE POWER
REVOLUTION IS CLEAR AND RESOUNDING:
MARCOS WAS OUSTED FOR BEING A DESPOT,
PLUNDERER AND VIOLATOR OF HUMAN RIGHTS.
V.
WHEN THE TOTALITY OF MARCOS AS A MAN IS
WEIGHED IN THE BALANCE, WHATEVER
ACHIEVEMENTS HE HAS DONE FOR THE COUNTRY
ARE COMPLETELY NULLIFIED BY HIS CARDINAL
SINS AGAINST THE NATION, FOR WHICH HE IS
NOT ENTITLED TO BE BURIED IN THE LNMB.
VI.
THE MARCOS FAMILY HAS WAIVED HIS BURIAL IN
THE LNMB 24 YEARS AGO.
VII.
THE INSTANT CASES DO NOT INVOLVE A
POLITICAL QUESTION, WHICH IS AN ALMOST
EXTINCT INVOCATION.
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VIII.
RESPONDENTS COMMITTED GRAVE ABUSE OF
DISCRETION AMOUNTING TO LACK OR EXCESS OF
JURISDICTION.
IX.
PETITIONERS HAVE LOCUS STANDI, DID NOT
VIOLATE THE “HIERARCHY OF COURTS”
DOCTRINE, AND DID NOT HAVE TO EXHAUST
ADMINISTRATIVE REMEDIES.
X.
FERDINAND EDRALIN MARCOS DOES NOT
DESERVE THE HONOR OF BEING INTERRED IN THE
LIBINGAN NG MGA BAYANI EVEN AS A FORMER
PRESIDENT AND SOLDIER PER SE.
DISCUSSION
14. The error in the aforesaid calls for closure is the dismal
failure to realize that closure is a happy and welcome ending to a
tragedy or misfortune.
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impunity against the victims of martial law – the entire Filipino people
including those born after that dark age of Philippine history.
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28. In the case of Philippine Association of Service
Exporters, Inc. (PASEI) vs. Hon. Ruben D. Torres, et al. (G.R.
No. 101279, August 6, 1992, 212 SCRA 928), the Supreme Court
held:
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35. The repealing clause under Sec. 31 of R.A. No. 10368
provides that “All laws, decrees, executive orders, rules and
regulations or parts thereof inconsistent with any of the provisions of
this Act x x x are hereby repealed, amended or modified
accordingly.”
44. Despite the fact that the “National Pantheon” had not
been constructed in the original location earmarked for it, the said
statute has not been repealed and still exists with its salutary
objective covering all subsequent shrines or memorial grounds.
45. The late dictator Ferdinand Marcos does not satisfy the
criterion of being an inspiration or emulation for Filipino generations
because he was a dictator, plunderer and violator of human rights.
49. R.A. No. 10368 also ensnares the culpability of Marcos for
human rights violations under Sec. 3 (b.1) and (b.5) on Definition of
Terms, to wit:
50. R.A No. 10368 also mandates that the Human Rights
Violations Victims’ Memorial Commission “shall also coordinate and
collaborate with the DepEd and the CHED to ensure that the teaching
of Martial Law atrocities, the lives and sacrifices of HRVVs in our
history are included in the basic, secondary and tertiary education
curricula.” (Sec. 27) Obviously, the burial of Marcos in the
LNMB will be a patent mockery because while students are
taught at all levels about the atrocities of martial law and the
sacrifices of HRVVs, the very tormentor and oppressor is
honored in the Cemetery of Heroes.
56. In PCGG vs. Peña (G.R. No. 77663, April 12, 1988), the
Supreme Court sustained the creation of the Presidential Commission
on Good Government (PCGG) “Given the magnitude of the past
regime’s organized pillage”. The Supreme Court ruled that:
“We cannot also lose sight of the fact that the country is only
now beginning to recover from the hardships brought about
by the plunder of the economy attributed to the
Marcoses and their close associates and relatives …
while the Government has barely scratched the surface, so to
speak, in its efforts to recover the enormous wealth
stashed away by the Marcoses in foreign jurisdictions.
Then, We cannot ignore the continually increasing
burden imposed on the economy by the excessive
foreign borrowing during the Marcos regime, which
stifles and stagnates development and is one of the root
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causes of widespread poverty and all its attendant ills.
The resulting precarious state of our economy is of
common knowledge and is easily within the ambit of
judicial notice.” (Emphasis supplied).
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141 [1931]; Tamayo vs. Gsell, 35 Phil. 953 [1916]; Senerillas vs.
Hermosisima, 100 Phil. 501 [1956]).
64. The burial of the late dictator Marcos in the LNMB would
sweep under the rug of impunity the following cardinal sins of Marcos
against the Filipino nation:
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(c) To further stifle dissent, he incarcerated titans in the
political opposition like the relentless human rights advocate Senator
Jose W. Diokno; the venerable nationalist Lorenzo Tañada; the
staunch oppositionist Senator Benigno Aquino, who was perceived as
a presidential contender; the great libertarian Senator Jovito Salonga;
the then promising Senator Ramon Mitra, Jr.; and human rights
lawyer Joker Arroyo.
Also standing out was its horrific inflation record. After posting
a high inflation rate of almost 40% in 1976, the regime topped its
own record with 50.3% inflation rate in 1984, again the highest
among all administrations.
b. While Marcos was a soldier, albeit one who faked his war
exploits and medals, he has lamentably metamorphosed into a
tormentor and oppressor of his own people, until the 1986 EDSA
People Power Revolution ousted him as a tyrant.
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represented by Department of the Interior and Local Government
Secretary, Rafael M. Alunan III, and the family of the late President
Marcos, represented by this widow, Mrs. Imelda R. Marcos.
(b) “It shall be understood that once the aircraft enters the
Philippine area of responsibility, stopover for whatever
reason in any airport other than the airport of destination
shall be allowed only upon prior clearance from the
Philippine Government.”
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78. Under the subject Memorandum of Agreement, the
Marcos family has irrevocably waived any “entitlement” of Marcos to
be buried in the Libingan ng mga Bayani. In fact, there is no mention
whatsoever of the LNMB.
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estopped from claiming any entitlement of a Marcos burial in the
Cemetery of Heroes.
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the Constitution clearly provides:
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Marcos in the LNMB vitiates the Constitution, international covenants,
relevant decisions of no less than the Honorable Supreme Court and
statutes, more particularly R.A. No. 289 or the “National Pantheon
Act”, R.A. No. 10368 or the “Human Rights Victims Recognition and
Reparation Act of 2013”, and R.A. No. 10353 or the “Anti-Enforced or
Involuntary Disappearance Act of 2012”.
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IX. PETITIONERS HAVE
LOCUS STANDI, DID NOT
VIOLATE THE “HIERARCHY OF
COURTS” DOCTRINE, AND
DID NOT HAVE TO EXHAUST
ADMINISTRATIVE REMEDIES.
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Exception from “Hierarchy of Courts” Doctrine
(c) Where the petitioner was deprived due process and there
is extreme urgency for relief; and
X. FERDINAND EDRALIN
MARCOS DOES NOT DESERVE
THE HONOR OF BEING
INTERRED IN THE LIBINGAN
NG MGA BAYANI EVEN AS A
FORMER PRESIDENT AND
SOLDIER PER SE.
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112. President Duterte, echoing the majority decision, has
challenged the protesters against the Marcos burial in the Libingan ng
mga Bayani to answer in the affirmative two questions: (1) Whether
Marcos was a former president and (2) Whether Marcos was a former
soldier.
PRAYER
ACCORDINGLY, it is respectfully prayed that the Honorable
Supreme Court:
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4. Issues a Writ of Prohibition enjoining the public
respondents from implementing the order of President Rodrigo
Duterte to bury the “mortal remains” of the late President Ferdinand
E. Marcos in the Libingan ng mga Bayani;
EXPLANATION
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*Rep. Edcel C. Lagman is on leave for being a Member of the House of Representatives.
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Copy furnished by registered mail:
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