De Lima asks SC to reconsider Marcos burial ruling

Ina Reformina, ABS-CBN News

Posted at Nov 30 2016 01:33 PM

Philippine President Ferdinand Marcos is interviewed, 11 march 1985, by Georges Biannic, Agence France Presse regional director for Asia and the Pacific, at Malacanang Palace in Manila. AFP Photo / Romeo Gacad

Senator Leila de Lima has filed before the Supreme Court a motion for reconsideration regarding its ruling to allow the burial of former President Ferdinand Marcos at the Libingan ng mga Bayani.

In her 10-page motion, De Lima, one of the petitioners in the Marcos burial case, argued that the guidelines under Armed Forces of the Philippines (AFP) Regulations 161-375, cited by the high court in its ruling, are “incomplete, whimsical, and capricious.”

"In its decision, the honorable court has chosen to turn its back on this historic mandate vested upon it by the post-dictatorship EDSA 1987 Constitution… with singular task of ensuring that such dictatorship and thievery is never honored again and does not make a comeback in this country."

"What is being attempted with the Marcos burial is not the vindication of Marcos alone but the exoneration of each and every plunderer, thief, murderer, human rights violator, and torturer in government since the death of Marcos," she said.

De Lima said Marcos was "rendered the highest possible conviction ever— the judgment of a people given a free and public expression as a direct act of their sovereignty, through an exceptional gesture of a revolutionary people’s uprising.”

She pointed out that street protests following the high court’s ruling "serves as 'the nation’s soul' after the [SC] failed to fulfill its mandate of protecting and defending the Constitution."

Former first lady Imelda Marcos kisses a glass case containing the refrigerated remains of her late husband, former Philippines president Ferdinand Marcos, during a visit in Batac, Ilocas Norte, Northern Philippines 11 September 2005, to mark his 88th birthday anniversary. Imelda Marcos supported President Gloria Arroyo during a failed impeachment bid earlier this month, leading to speculation that Arroyo would finally grant the Marcos family's wish to inter the remains of the former president at the National Heroes' Cemetery in Manila. Jay Directo, AFP

The former justice secretary, who is caught in a scandal involving her alleged involvement in the proliferation of the illegal drug trade at the New Bilibid Prison (NBP), and who has pending disbarment cases before the high court, stressed that Marcos’ burial at the Libingan does not unite the nation, and is only moving on on the part of "crooks, trapos, cheats, and all other villains in public office."

De Lima's petition, along with six others, were junked by the high court.

In its ruling, the high court stressed the legality of Marcos' burial at the Libingan, and pointed out that there was no grave abuse of discretion on the part of President Duterte in allowing Marcos' burial at Libingan, recognizing the president's full control over the Department of National Defense (DND), which, in turn, supervises the Philippine Veterans Affairs Office (PVAO) -- the office managing the said military shrine.

The high court also stressed that Marcos does not possess any disqualification under AFP Regulations, pointing out that not only was he a former president and commander-in-chief, he was also former defense secretary, legislator, soldier, war veteran, and a Medal of Valor awardee.