Martial law victims file third petition vs Marcos burial

MANILA, Philippines - Victims of martial law yesterday filed before the Supreme Court (SC) the third petition objecting to the burial of strongman Ferdinand Marcos at the heroes’ cemetery, citing contradictions in the Constitution. 

In their 74-page petition, the Coalition Against Marcos Burial (CAMB) asked the SC to order the respondents or any of its agents to desist from burying Marcos at the Libingan ng mga Bayani in Taguig City.

They asked the SC to issue a temporary restraining order and/or writ of preliminary injunction.

CAMB legal counsel Ibarra Gutierrez III said their petition is different from the two earlier petitions against a hero’s burial for Marcos.

He noted that the two earlier petitions cited violations of the Pantheon Law or Republic Act No. 289 that regulates the Libingan ng mga Bayani, and RA 10368 or the Human Rights Victims Reparation and Recognition Act.

CAMB’s petition cited that burying the dictator at the heroes’ cemetery might create a constitutional argument because the 1987 Constitution was characterized as an anti-dictatorship Constitution.

Gutierrez noted that the atrocities experienced by Filipinos during martial law prompted the framers of the 1987 Constitution to place safeguards against human rights violations and corruption in government.

“The 1987 Constitution prevents the recurrence of a Marcos. The 1987 Constitution itself, its very spirit and its most important and innovative provisions on human rights and education, is a product of this history, richly reflective of the deepest libertarian impulses that moved the people as they marched to depose Marcos,” CAMB’s petition read.

“Because this history is enshrined in the Constitution, law and jurisprudence, it is not only subject to judicial notice under the Rules of Court, it binds the State itself, the great powers within it, and each and every government office, agency and instrumentality,” it added.

Gutierrez also rebutted the statement of former interior secretary Rafael Alunan III that the 1992 memorandum of understanding between former president Fidel Ramos and the Marcos family that the remains of the dictator would only be buried in Ilocos Norte was no longer binding. 

Gutierrez argued that when Ramos and other officials entered into an agreement with the Marcos family, they did it “in their official capacity as government officials. That (agreement) binds as subsequent governments, otherwise it would be easy to disown.” 

He also pointed out that since the Philippines is a signatory to several human rights instruments, it should provide an effective remedy to the victims of human rights abuses.

“If a person is a victim of human rights, the government should do all it can to ensure that this person would be given recompense,” he added.

SC Clerk of Court Felipa Anama announced the consolidation of the three petitions objecting to the burial of Marcos in the heroes’ cemetery.

The SC had instructed the CAMB to also attend a preliminary conference on Aug. 22 at 2 p.m. and the oral arguments on Aug. 24 at 9 a.m.

Meanwhile, the province of Tarlac – home of democracy icons Benigno Aquino Jr. and former president Corazon Aquino and their son former president Benigno Aquino III – is divided on the issue.

Gov. Susan Yap said Duterte’s decision to allow the hero’s burial of the dictator has divided the Tarlaqueños in spite of the strong opposition by the Aquinos because residents of the province are composed of Kapampangans and Ilocanos, which explains the diversity of opinions.

“That’s a fact. And there lies the problem,” she added.

Yap is the sister of former governor and now Rep. Victor Yap. They are scions of three-term governor Jose Yap, who was one of those incarcerated during martial law. The elder Yap served as governor from 1998 to 2007.  – With Manny Galvez