SUPREME Court spokesman Theodore Te yesterday said there was no prohibition on the burial of former President Ferdinand Marcos at the Libingan ng mga Bayani yesterday.
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 in a text message to reporters.
Meanwhile, the National Union of Peoples’ Lawyers (NUPL) yesterday said that the Marcos family, the Armed Forces, and National Police should be cited in contempt of the Supreme Court for pushing through with the hero’s burial of former president Ferdinand Marcos even though the high court’s ruling has not attained finality yet.
Atty. Edre Olalia, NUPL Secretary-General, said the surprise Marcos burial “smacks of bad faith, bad taste and even bad odor, as it were.”
The NUPL is counsel of one of the petitioners against the Marcos burial.
SC spokesperson Te cited 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.