UNFIT FOR HERO'S BURIAL
Marcos undeserving of Libingan ng mga Bayani — Carpio
Published August 31, 2016 1:37pm
By VIRGIL LOPEZ, GMA News
The late strongman Ferdinand Marcos does not deserve a hero's burial because he was "dishonorably discharged" by the people in 1986, Supreme Court Senior Associate Justice Antonio Carpio said Wednesday.
"Marcos cannot be buried [at the Libingan ng mga Bayani]," Carpio said while interpellating former Bayan Muna Rep. Neri Colmenares during the oral arguments on whether the late dictator deserves a place at the Libingan ng mga Bayani (LNMB).
Carpio based his statement on the Armed Forces of the Philippines Regulation 161-375, which disqualifies those dishonorably discharged from service or convicted by final judgment of a crime involving moral turpitude.
He also warned President Rodrigo Duterte of the repercussion of changing the cited AFP rules.
"But if the incumbent President says that '[Marcos] can still be buried there upon my instruction,' Carpio insisted, that cannot be done because it is against the Constitution because you are using public funds and property for a private purpose."
Colmenares agreed with Carpio, saying the President's directive favoring the burial could not change the objective of Republic Act 289, which provides that only people worthy of public emulation should be given a space at the LNMB.
Marcos was not convicted of any offense involving moral turpitude until his death in 1989, but the petitioners said that [non-conviction] does not mean he was qualified for a hero's burial.
In responding to a question of Associate Justice Estela Perlas-Bernabe raised, lawyer Barry Gutierrez said there was no opportunity to make Marcos accountable for his crimes during his 20-year rule because he had immunity as president.
When Marcos was removed through a People Power uprising, Gutierrez said the former leader fled to Hawaii where he died while in exile.
"But the Supreme Court had said in several occasions that Marcos is guilty of plunder and human rights violations," Gutierrez added.
At the SC on Wednesday, the petitioners on Marcos' burial at the LNMB were first to present their arguments. After interpellations, government lawyers, headed by the Solicitor General, will present their side of the argument, followed by interpellations. — LBG, GMA News
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