Orilla, Adonis C.

Legal Research
LLB 1

Is

Marcos

Libingan

ng

mga

Bayani

burial

legal?

Following President Rodrigo Dutertes confirmation that he will allow the burial of the
former president Ferdinand Marcos in the Libingan ng mga Bayani (LNMB), the
Presidents confirmation has become the hot topic among colleagues, students and the
ordinary Filipino citizens. President Rodrigo Duterte said Marcos should be buried at the
Libingan ng mga Bayani not only because he is a former president but also a former
soldier.
An argument from individuals who favor the burial of the late president in the Libingan
ng mga Bayani is that he is qualified simply because he is a soldier and as a former
President. The LNMB is a national cemetery established as a fitting resting place for
military personnel as well as Filipino heroes and martyrs.
The AFP (Armed Forces of the Philippines) has very clear regulations regarding this
issue. The Armed Forces Regulation 161-375not a lawissued in 2000 tells us who
may be buried in the Libingan. But this is a broad enumeration that includes former
presidents, government dignitaries, former AFP chiefs of staff and generals, World War
II veterans, and other AFP personnel. I believe based on these regulations, he is
qualified.
Being a former President alone qualifies Marcos to be buried. However, there are
parties that questioned this qualification and raised the moral value of deciding to allow
a former dictator to be considered an honorable hero. To trace back our history, in
1972, Marcos placed the whole country under Martial Law which lasted for almost a
decade during which thousands fell victims to abuse of political power that led to
violation of human rights, rampant corruption and death of civilians.
As of 2015, around 75,000 claims of human rights violations during the Marcos
presidency are still being processed by the government to provide compensation for
victims of extrajudicial killings, enforced disappearances, and abuse.
Also, another issue pointed out by several experts is the questionable validity of
distinctions and activities by Marcos during the Second World War.

However, the Dutertes Administration told that Presidents decision to allow Marcos
burial at the Libingan is a valid exercise of his prerogative power under the Constitution
and the Administrative Code. It is pointless to argue this regulation since the President
may change it anytime. The regulation does not even say how to choose among the
thousands
it
qualifies
for
burial
in
the
Libingan.
As a citizen of this country, I have my personal views why Marcos should not be buried
at the Libingan ng mga Bayani. Firstly, Republic Act No. 289 provides the main reason
for the national pantheon as provided in its Section 1 which states that, to perpetuate
the memory of all the Presidents of the Philippines, national heroes and patriots
for the inspiration and emulation of this generation and of generation still
unborn. This means that LNMB is reserved for those whom the nation honors for their
service to the country. But, in the case of Marcos as a former President and
Commander-in-Chief of the Armed Forces, he is not automatically qualified for there is
also a disqualification clause that says that any personnel, who dishonorably reverted
and discharged from the service or who were convicted by final judgment involving
moral turpitude will be unentitled to be interred in the national pantheon. Marcos would
hardly consider a hero worth emulating and an inspiration to the Filipinos and to the
next generation. This is in consideration with the very intent of the law and the historical
facts of what had transpired during Martial Law. Also, the way the late president and his
first family were ousted out of Malacanang through People Power Revolution, Marcos
would hardly be considered as hero that is worth emulating and an inspiration to the
Filipinos.
Secondly, Martial Law remains one of the darkest episodes in Philippine history. Record
shows that there were 3,257 victims of extra-judicial killings, 35,000 tortured, and
70,000 incarcerated under Marcos dictatorship. Republic Act No. 10368 was passed by
Philippine Congress as recognition for the heroism and sacrifices of all Filipinos who
were victims of human rights violations under the Marcos regime. Hence, a heros burial
for the former dictator is an insult to the thousands of martial law victims.
Thirdly, having Marcos buried at the Libingan ng mga Bayani would mean rewriting our
history. This requires revisiting all history textbooks and to glorify former President
Marcos and describe the Martial Law as a non violent, peaceful, and successful period
in Philippine history. Well, Filipinos are known to be most forgiving people a character
that will always allow thieves, liars, scalawags and rascals to take advantage. But, it
does not mean we should stay ignorant and be nave in allowing our history to be
rewritten for some personal vested interests. Thus, a heros burial for the former dictator
is a shameless attempt to rewrite history.
Lastly, declaring Marcos as a hero, would serve well not only the personal but also the
political interest of his family. It will definitely justify them from their past crimes. That will
also lift the burden to Mrs. Marcos for hiding her extravagance.

The name alone of Libingan ng mga BAYANI speaks for itself. BAYANI, what does it
mean? Does it mean scoundrels, rogues, and dictators? Being a mere president in this
country does not make one a hero automatically. The nagging question is: "Is Marcos a
hero?"For me, he is not by any measure. Not even by a nit. These are
not concoctions based on my personal views as an anti Marcos but as a concern
Filipino Citizen who values the importance of our history and the suffering of the victims
under the Marcos Regime.