MikeLigalig.com

Justice Diosdado Peralta wrote the decision, which was concurred in by Justices Presbitero Velasco Jr, Teresita Leonardo-de Castro, Arturo Brion, Lucas Bersamin, Mariano del Castillo, Jose Perez, Jose Mendoza, and Estela Perlas-Bernabe.

The justices ruled on the issue, saying they viewed and judged Marcos "in his totality as a person."

"While he was not all good, he was not pure evil either. Certainly, just a human who erred like us," the Court said.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=83169.0

There were 5 dissenters to the majority decision: Chief Justice Maria Lourdes Sereno, Senior Justice Antonio Carpio and Associate Justices Marvic Leonen, Francis Jardeleza, and Alfredo Caguioa.

Technicality

Court spokesperson Theodore Te said that most of the justices conceded that Duterte did not exercise grave abuse of discretion in ordering a hero's burial for Marcos.

According to the decision, the President has the discretion to identify how public lands – such as the intended burial site for Marcos – will be used, under the Administrative Code.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=83169.0

The decision also said that Marcos was "honorably discharged from the military service with the Philippine Veteran Affairs Office expressly recognizing him as a retired veteran."

Te said the ruling effectively lifts the status quo ante order on the planned interment originally set for September. The Court did not explicitly say if the decision is immediately executory.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=83169.0

He also said that Marcos' burial is a political question that "had been decided by the President, and not without support from the Filipino electorate."

Perez, meanwhile, said that the "substantial Marcos vote" during the last elections shows that there is no longer national damnation of President Ferdinand Marcos." He also said that a "Marcos vote came out of the elections, substantial enough to be a legitimate consideration in the executive policy formulation."

Despite opposition by the petitioners to Duterte's campaign promise of a Libingan burial for Marcos, Duterte was still elected president, Perez pointed out.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=83169.0

SOME COMMENTS

Darius Bondoc, GOTCHA, The Philippine Star, November 9, 2016:

Ruling 9-5, the Supreme Court is setting the burial at the Libingan ng mga Bayani of plunderer-dictator Ferdinand Marcos’ wax replica. Not far away from where it will lie is the burial plot of a presidential security police dog. The symbolism is stark. This race has no concept of the noble or respect for its heroes. Its magistrates – Arturo Brion, Presbitero Velasco, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Jose Perez, Teresita de Castro, Jose Mendoza, and Estela Perlas-Bernabe – infer that traitors, bandits, and murderers, so long as former soldiers and Presidents, may be honored there too. Woe to this lost nation.

Albay Rep. Edcel Lagman:

“This decision will never lead to a healing. It will just exacerbate the wounded feelings as well as the gross injustice suffered by the victims of human rights atrocities."

Martial law victim Carmencita Florentino:

“It’s really infuriating. Saddening …. It hurts me so much. It’s like I want to shout, release all my tears I felt at the torture I experienced during martial law, the torture my family felt.  It was as if the rights of the Filipino had been “trampled on. What will happen to our history? It will appear that Marcos is a hero. Is that a hero? Is he like (Jose) Rizal? He is not a hero. He is a dictator, a killer, an oppressor.”

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=83169.0

from the looks of it, as of today, he has now become a half-hero.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=83169.0