petition to declare Marcos burial at Libingan ng mga Bayani
August 22, 2016
QUEZON CITY – Oftenly
blamed for the return of the Marcoses into power, members of the youth
collectively referred to as ‘millenials’ filed a petition for
certiorari and prohibition before the Supreme Court Monday to prohibit
the burial of former President Ferdinand Marcos Sr. at the Libingan ng
mga Bayani (LNMB).
The petition asked the High
Court to declare the Memorandum issued by the Secretary of the
Department National Defense last August 7 and the interment of the
deposed dictator at the LNMB as ultra vires for being without legal
basis and unconstitutional.
Republic Act 289 stipulates
that the power and authority to allow Marcos Sr. to be buried can only
emanate from the Board of National Pantheon, of which Defense
Secretary Delfin Lorenzana is not included.
They claim that that
Secretary Lorenzana may have abused his authority and must be ordered
by the Supreme Court to cease from implementing his own memorandum.
The petitioners, Zaira
Baniaga, John Arvin Buenaagua, Joanne Lim and Juan Antonio Magalang,
all students of the University of the Philippines were accompanied by
their counsel, Atty. Jesus Falcis III.
They also argued that the
deposed dictator is disqualified from being buried at the 103-hectare
Heroes’ Cemetery for he falls under the category of those
‘dishonorably separated or discharged from the service’ and was
witnessed by the whole world on February 25, 1986 and that a LNMB
burial for Marcos Sr. would place him in the same category as other
Presidents who are already buried in the LNMB – Presidents Elpidio
Quirino, Carlos Garcia, and Diosdado Macapagal, all of which were not
ousted from office or found to be guilty of atrocities and ill-gotten
Petitioners claim that to
allow Marcos sr., an internationally recognized tyrant and plunderer
to lie beside certified heroes shall create that irreconcilable
repugnancy with the declaration of State policy under R.A. No. 10368
or the Human Rights Victims Reparation and Recognition Act of 2013.
“We cannot with a clear
conscience accept that Marcos the tyrant lie beside the nation's
genuine freedom fighters. Malacañang cannot insist its will when laws
have been enacted recognizing the human rights violations during the
Marcos regime. The government must be consistent,” declared Baniaga.
Meanwhile Lim, also a
petitioner against the curfew ordinances of the cities of Manila,
Quezon and Navotas said, “May this petition symbolize our eternal
gratefulness to the freedom fighters of the previous generation by
their unspeakable sacrifices and collective struggle we millenials
enjoy what was denied of them in their youth".
They also called out on his
fellow ‘millenials’ to "step up and not content themselves with social
“For us long as civil
liberties and human rights are being threatened or being trampled
upon, the idealistic youth must lend its intellect, its talent and
time in order to achieve social justice with social progress, Lim
anti-marcos burial petition here