SC allows Marcos burial at the heroes’ cemetery in 9-5 decision

The Supreme Court has decided to allow the burial of the late dictator Ferdinand Marcos Jr. at the Libingan ng mga Bayani (LNMB) on Tuesday, November 8.

In a 9-5 ruling, the Court has dismissed that the petitions against the proposed burial for Marcos, according to Ted Te.

Te also gave the reasons behind the SC’s decision, which include the following:

  1. The high court does not find grave abuse of discretion on President Rodrigo Duterte’s part for ordering Marcos’ burial because it was done in his mandate as the chief executive. Moreover, there is no law prohibiting Marcos’ burial at the heroes’ cemetery.
  2. Duterte, as president, has the power to decide how to use any lands under public domain for public use and specific public purposes.
  3. Marcos was qualified be interred at the Libingan because he was a former president, the military’s commander-in-chief, soldier, legislator, and medal of valor awardee.
  4. The SC does not agree with the claims that Marcos was “dishonorably discharged,” adding that this kind of disqualification only applies to the military.
  5. Marcos was not convicted of crimes involving moral turpitude, which would have been a reason for disqualification from a hero’s burial.


The 9 nine justices who voted in favor of Marcos’ burial at the Libingan were:

  • Associate Justice Arturo Brion
  • Associate Justice Presbitero Velasco Jr.
  • Associate Justice Diosdado Peralta
  • Associate Justice Lucas Bersamin
  • Associate Justice Mariano del Castillo
  • Associate Justice Jose Perez
  • Associate Justice Teresita de Castro
  • Associate Justice Jose Mendoza
  • Associate Justice Estela Perlas-Bernabe

On the other hand, the 5 justices who voted against the hero’s burial for Marcos were:

  • Chief Justice Maria Lourdes Sereno
  • Associate Justice Antonio Carpio
  • Associate Justice Marvic Mario Victor Leonen
  • Associate Justice Francis Jardeleza
  • Associate Justice Alfredo Benjamin Caguioa

Associate Justice Bienvenido Reyes inhibited himself from the Marcos case. He administered Duterte’s oath and was the President’s fraternity brother at the San Beda College of Law. He also served as the lawyer of former President Benigno Aquino III’s family.

This decision from the Supreme Court came after the justices held two rounds of oral arguments focusing on the petitions against the burial of Marcos on August 31 and September 8.

It was in August 23 that the High Court prevented Marcos’ burial temporarily with a status quo ante order (SQAO) until September 13. The SQAO was once again extended on September 8 until October 18. For the third time, the SQAO was extended until November 8.

Duterte earlier ordered the burial of Marcos as a way of keeping true to his campaign promise when he visited the Marcoses and the Ilocanos.

Aside from the human rights victims during the Marcos regime, the National Historical Commission of the Philippines also opposed this move due to Marcos’ fraudulent war record.

Sources: (,


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