SUPREME Court spokesman Theodore Te yesterday said there is no order prohibiting the burial of former president Ferdinand Marcos yesterday at the Libingan ng mga Bayani.
This, as he explained that the status quo ante order the SC previously handed down was already lifted when it decided on pending petitions challenging the burial’s legality recently.
“Even if there is a 15-day period (for a motion for reconsideration to be filed), there was no order restraining the act,” Te said.
Just recently, the High Court, in a 9-5 vote, dismissed all petitions seeking to block the burial. Associate Justice Bienvenido Reyes inhibited, thus reducing to 14 the number of justices who voted.
In a press briefing, Te announced some of the reasons cited by the justices for allowing the burial of Marcos:
• There was no grave abuse of discretion on the part of the President [Duterte]; there is no law that prohibits the burial of the former president Marcos;
• The President has the power to decide on the use of land within the public domain;
• Marcos was former commander-in-chief, former soldier and former secretary of national defense;
• Some justices disagreed with the position articulated by others that the former president was dishonorably discharged; this applies only to the military;
• On the issue of moral turpitude: Marcos has not been convicted by any final judgment and the cases cited were all civil in nature.
Among those who voted to allow the Marcos burial at the LNMB are Associate Justices Presbitero J. Velasco Jr.; Teresita J. Leonardo-De Castro; Arturo D. Brion; Diosdado M. Peralta; Mariano C. Del Castillo; Lucas P. Bersamin; Jose P. Perez; Jose C. Mendoza and Estela M. Perlas-Bernabe.
Chief Justice Maria Lourdes P.A. Sereno, Senior Associate Justice Antonio T. Carpio and Associate Justices Francis H. Jardeleza; Marvic F. Leonen and Alfredo Benjamin S. Caguioa voted to oppose Marcos’ burial at the heroes cemetery.