Cor Jesu College of Law

Legal Technique and Logic

Submitted to: Philip John L. Pojas

Submitted by: James L. Decolongon

MEMORANDUM
I.

FACTUAL BACKGROUND
1. General Ronald Bato dela Rosa is currently employed in the government as the
Director General of the Philippine National Police (PNP).
2. Manny Pacquiao is currently a member of the Senate of the Philippines and a
world boxing champion.
3. Dela Rosa watched Pacquiao's winning fight against American boxer Jessie
Vargas at the Thomas & Mack Center on November 6, 2016.
4. On November 11, 2016 in a media interview, the PNP chief has admitted that
Senator Pacquiao invited him together with his family and took care of his and his
family's airfare, accommodations, and even allowance.

II.

ISSUE OF THE CASE

a. Whether or not the ombudsman should conduct an investigation into the
alleged travel perks granted to Philippine National Police (PNP) Director
General Ronald Bato dela Rosa by no less than Senator Manny Pacquiao so
he could watch the bout of the boxing champion and senator in Las Vegas.

III.

ARGUMENTS
a. The ombudsman should not conduct on the alleged travel expenses granted to
General Dela Rosa by Senator Manny Pacquiao for violating laws that prohibit

public officials from accepting gifts: Presidential Decree No. 46 and

Republic Act 6713, or the code of conduct for public officials.
IV.

DISCUSSION
a. Director General dela Rosa should not be probed by the ombudsman on his
alleged travel and accommodation expenses received to from Senator Manny
Pacquiao.
Under PD No. 46, in relation to Section 7(3) of RA No. 6713 otherwise known as
code of conduct and ethical standards for public officials and employees,
[government employees are] prohibited to receive, directly or indirectly, any gift,
present or any other form of benefit in the course of official duties; Public officials
and employees shall not solicit or accept, directly or indirectly, any gift, gratuity,
favor, entertainment, loan or anything of monetary value from any person in the
course of their official duties or in connection with any operation being regulated
by, or any transaction which may be affected by the functions of their office.
It is clear from the said laws that public officials are merely prohibited to accept
directly or indirectly any gift, gratuity, or monetary value from any person in the
course of their official duties. In the present case, General dela Rosa received a
gift and gratuity from Senator Pacquiao providing the former and his family free
travel expenses and accommodation to watch the latters international boxing
fight. However, General dela Rosas trip to Las Vegas to watch Senator
Pacquiaos fight cannot be considered a violation to said laws. The said laws
provide that a public official must be performing or in the course of their official
duties. General dela Rosa did not perform any function that can be considered in
the course of his official duties as a police official when he received those gifts or
gratuities from Senator Pacquiao. General dela Rosas presence merely shows
his support from his long-time friend Senator Manny Pacquiao. He went to the
said place acting in his personal capacity and not as the Director General of the
Philippine National Police. Moreover, the incident happened outside the

Philippines, which means it is beyond the Philippine jurisdiction. Under the

Philippine principle of territoriality, crimes committed within the Philippines are
subject to Philippine laws. However, as a general rule, crimes committed by any
Filipino outside the Philippines are not within the jurisdiction of the Philippines.
Therefore, General dela Rosa cannot be investigated on the alleged travel perks
granted by Senator Manny Pacquiao as provided for under PD 46 and RA 6713
because the former was not performing functions in the course of his official
duties.

MEMORANDUM
I.
1.
2.
3.
4.
5.

FACTUAL BACKGROUND
Late President Ferdinand Marcos was the former President of the Philippines
from 1965-1986, and a World War II veteran.
Late President Marcos declared Martial law in 1972 which led to alleged
widespread extra-judicial killings, and even corruption on government funds.
Late President Marcos was ousted in 1986 thru the EDSA Revolutions also
known as People Power I
From 1993 to 2016, his remains were interred inside a refrigerated crypt in Ilocos
Norte.
On November 8, 2016, the Supreme Court en banc ruled in the case reference
G.R. No. 225973 that the late Ferdinand Marcos can be buried at the Libingan ng
mga Bayani.

II. ISSUE OF THE CASE

a. Whether or not former President Ferdinand Marcos should be buried at the Libingan
ng mga Bayani.
III.

ARGUMENTS
a. Former President Marcos is qualified to be buried at the Libingan ng mga Bayani
on the grounds that:
a.a Marcos' remains, under regulations of the Armed Forces of the Philippines,
can be interred at LNMB because he was a former president, commander-inchief, soldier, medal of valor awardee, and legislator.
IV.
DISCUSSION
a. Late President Ferdinand Marcos is qualified to be buried at the Libingan Ng Mga
Bayani (LNMB) as a former President of the Philippines and a World War II
veteran.
According to Armed Forces of the Philippines (AFP) Regulation G 161-373, the
following persons are entitled to interment at Heroes' Cemetery:

Medal of Valor awardees

Presidents or Commanders-in-Chief, AFP

The secretaries of National Defense

AFP Chiefs of Staff

General/Flag Officers

Active and retired military personnel of the AFP

Former AFP members who laterally entered/joined the Philippine National

Police (PNP) and the Philippine Coast Guard (PCG)

Veterans of the Philippine Revolution of 1896, the First and Second World Wars,
as well as recognized guerrillas

Government dignitaries, statesmen, national artists and other deceased persons

whose interment has been approved by the commander-in-chief, Congress or the
Secretary of National Defense, and

Former Presidents, Secretaries of National Defense, widows of former

Presidents, Secretaries of National Defense and Chiefs of Staff

National Artists and National Scientists of the Philippines

The Categories for disqualification are:

1. Personnel who were dishonorably separated/reverted/discharged from the
service and,
2. Authorized personnel who were convicted by final judgment of a crime involving
moral turpitude.
It was clearly stated from the policy enumerating persons qualified to be buried at
the LNMB that former President and/or World War II veteran are among those
persons mentioned. Late President Marcos was a former President of the
Philippines from 1965 to 1986. His term as the President after declaring Martial
Law was the longest serving President in the Philippine history. And, he was also
a World War II veteran as per evidence by his medals and awards in the service.
He may have allegedly done illegal acts during his tenure however, he shall
remain innocent until proven guilty by the competent court. In fact, his case in
international court for the alleged ill-gotten wealth was dismissed due to lack of
evidence. Hence, the regulation prohibiting personnel who was convicted by final
judgment of an offense involving moral turpitude cannot be a ground for his
disqualification at the LNMB.
Therefore, the late former President Ferdinand Marcos is qualified to be buried at
the Libingan Ng Mga Bayani as provided under the Armed Forces of the
Philippines (AFP) Regulation G 161-373.