FINALS IN LEGAL RESEARCH

DEBATE;

PRO-BURIAL OF MARCOS AT THE

LIBINGAN NG MGA BAYANI

Submitted by:

Abonita, Sean
Bautista, Ronald
Crisang, Stephen Nikolai
Espiritu, Justine
Kalalo, Patrick
Morales, Dan Paolo
Mortel, Argie
Talampas, Annie Gean

1-E

Submitted to:

Atty. Francesca Lourdes M. Senga

* MARCOS VS MANGLAPUS 177 SCRA 688 (1989)

* Philippine Constitution Art. 7. S. 1. (1987)
* Civil Code, Art. 19 (1950)
* An Act Providing for the Construction of A national Pantheon for Presidents of the Philippines, National Heroes and Patriots of the Country;
R.A. 289
 In the case at bar, the government’s contention is that it is the President’s
prerogative to decide on whether or not the late former President Ferdinand
Marcos be buried in the Libingan ng mga Bayani for the authority in deciding such
is vested to the executive department as provided in Art. 7 Sec. 1 of the
Constitution as expounded in the case of Marcos vs Manglapus. Pursuant to Article
19 of the Civil Code that “we should everyone their respective dues” so with that
being a former president of the country who contributed a lot to the attainment of
the economy and progress of other aspects which really symbolized change,
Ferdinand Marcos should be entitled to it.

At present, Pres. Rodrigo Duterte has granted the burial of the late dictator.
Hence, the government side further asserts that, the burial of the late dictator at the
Libingan ng mga Bayani is merely constitutional because it was in compliance to
R.A. 289 Sec. 2 as mentioned that “To cause to be interred therein the mortal
remains of all Presidents of the Philippines, the national heroes and patriots” which
clearly allows the burial of former presidents of the country in which the late
dictator is qualified.

On the other hand, the opposition side argues that R.A. 289 actually prohibits
personnel who was dishonorably separated involving a crime of moral turpitude,
for they believe that Marcos actually violates Sections 11 and 13 of the Constitution
which does not have any satisfying proof of such. That, according to them burying
Marcos in the Libingan ng mga Bayani would obviously imply to the youth that a
corrupt, human rights violator would be rewarded the privilege of being buried
along with the honored people. They also averred that Marcos is not qualified to be
buried in the Libingan ng mga Bayani for he falls under the disqualifications under
R.A. 289 that “ a personnel who was honorably discharged or separated from the
service to which President Marcos was deliberately discharged during the EDSA
People Power.

But, accordingly, all of the fraudulent and absurd issues against the late dictator
were only mere allegations which shows no definite proof and convictions of the
crime and wrongs ostensive against him, even in any of the courts and within the
jurisdiction of our country. Hence, Ferdinand Marcos was a qualified former
president and a soldier, which extensively qualifies him in accordance to R.A. 289.
The opposition side has no clear and convincing evidence on why the late dictator
should not be entitled to be buried in the Libingan ng mga Bayani. We, the Filipino
people should not let our emotion hamper ourselves to give what the late President
Marcos’ due, we are government of laws and not of men. That in substantiating our
contentions, we strongly adhere to what the laws of our country provides and only
* MARCOS VS MANGLAPUS 177 SCRA 688 (1989)
* Philippine Constitution Art. 7. S. 1. (1987)
* Civil Code, Art. 19 (1950)
* An Act Providing for the Construction of A national Pantheon for Presidents of the Philippines, National Heroes and Patriots of the Country;
R.A. 289
to follow what it state and provides for the rights of every citizen of our country.
We should not use baseless allegations in applying the laws.

* MARCOS VS MANGLAPUS 177 SCRA 688 (1989)

* Philippine Constitution Art. 7. S. 1. (1987)
* Civil Code, Art. 19 (1950)
* An Act Providing for the Construction of A national Pantheon for Presidents of the Philippines, National Heroes and Patriots of the Country;
R.A. 289
Sources:

R.A. 289 (Phil. June 16, 1948),

http://www.chanrobles.com/republicacts/republicactno289.html#.WD0Ei
ndh3sG

Burying Marcos at the Libingan ng mga Bayani not Illegal, (2016),

http://www.gmanetwork.com/news/story/578534/news/nation/burying-
marcos-at-libingan-ng-mga-bayani-not-illegal-solgen-tells-sc

SC hears arguments on Marcos’ hero’s burial, (2016),

http://cnnphilippines.com/news/2016/08/31/sc-supreme-court-oral-
arguments-marcos-heros-burial-libingan-ng-mga-bayani.html

* MARCOS VS MANGLAPUS 177 SCRA 688 (1989)

* Philippine Constitution Art. 7. S. 1. (1987)
* Civil Code, Art. 19 (1950)
* An Act Providing for the Construction of A national Pantheon for Presidents of the Philippines, National Heroes and Patriots of the Country;
R.A. 289