MARCOS BURIAL AT THE LIBINGAN NG MGA BAYANI

AFFIRMATIVE
L/I REASONS PROOF/EVIDENCE NEGATIVE’S REBUTTAL

Ferdinand Marcos was a war veteran
Of the 47,228 remains interred at the
Libingan Ng Mga Bayani, 32,268 were
military personnel who died in the infamous
“Death March” from Bataan to Capas, Tarlac
during World War II. Marcos was there too.
Again, this uplifts the earlier argument in the
opening stance that he deserves to be
buried in the Libingan ng mga Bayani
1 because has been a soldier and was
alongside Filipino and American soldiers in
the death march.
He was a war veteran who fought side by side with our guerrillas
who thirst for freedom..
The Philippine Veterans Affairs Office (PVAO) recognizes Marcos
as a member of the retired army personnel based on a
certification issued on August 18, 2016. PVAO records show that
Marcos was a World War II veteran and among retired military
personnel. Because of PVAO’s certification, Marcos is
considered “honorably discharged” from the service.
On Marcos being a guerrilla fighter
In an article written in 1986, archived in the New York Times
website entitled, “Marcos’s Wartime Role Discredited in US Files”,
reports say that the US Army concluded that Marcos’s leadership
in a guerilla resistance unit was “fraudulent and absurd”. In the
archives of the Army, there was evidence proving that he led the
guerilla group named “Maharlika” in 1942-1944 during the
Japanese Occupation. The US Government, in 1986 had the
attempt to let Marcos speak about these findings (or the lack
thereof) about his claims on his involvement during the Guerilla
Warfare, but he declined to respond. According to the Article,
after the war, Marcos tried to appeal for recognition of the
“Maharlika” unit, but was denied because his claims were
distorted, exaggerated, fraudulent, contradictory and absurd.

While the contention of Marcos’s wartime role is still

unanswered, it cannot be used as a justification of his burial at the
Libingan ng Mga Bayani. Documents are needed, and the burden
of proof still relies on the Marcoses in order to credit this
justification.

2 Ferdinand Marcos was a former president He was the longest reigning president of this country, holding
of the Republic of the Philippines that position for more than 20 years since 1965, until he was
deposed in a popular but bloodless revolution in February of
Section 1 of Republic Act 289 (An Act 1986.
Providing for the Construction of a National
Pantheon for Presidents of the Philippines, As it is ought to be, he should be where he truly belongs. People
National Heroes and Patriots of the Country) put him to power two times. That alone gives us the idea that
states: majority of the Filipinos voted for him. He had a lot of
contributions especially on infrastructures such as CCP, Folk Arts
“To perpetuate the memory of all the Theater, PICC, National Arts Center, Nayong Filipino, Philippine
Presidents of the Philippines, national Heart Center, Lung Center of the Philippines, San Juanico Bridge
Becoming a president does not automatically entail heroism. My
opponent argues that in his presidency, he built many
infrastructure projects. Firstly, these infrastructure projects did
not transcend economic benefits to the people during that time.
According to SWS, the highest recorded poverty rate in the
Philippines is 74%, which was reported in April 1983. According
NSCB, poverty rate spiked highest at 44% in June 1985.
Secondly, these infrastructure projects were used as instruments
to legitimize the rule. Gerard Lico, as cited by one of my favorite
History professors in UP Baguio, Mr. Mathew Luga writes, “(the
 heroes, and patriots for the inspiration and
emulation of this generation and of
generations still unborn, there shall be
constructed a National Pantheon which shall
be the burial place of their mortal remains.”
Back in 2011, both houses of congress
passed a resolution calling for a national
reconciliation and let Marcos be buried in
the Libingan ng mga Bayani.
3 change the mind of President Aquino, whose father, former Sen.
and a lot more. These infrastructures are being used up to now. infrastructure projects are) Massive loaned investments in
The Bataan Power Plant is also one of his major contributions. buildings were to project to the international community an
He envisioned Philippines to be self-sufficient in terms energy impressive myth of “overnight industrialization,” rendering an
usage and production. Overall, he had a very good masterplan illusion of fast-paced progress in the country.”, but resulting to:
for his beloved country.
The Marcos family should be granted their long-standing wish in
order to heal old wounds and allow the country to move on
from this long divisive issue. Close to 200 members of the House
of Representatives signed the resolution, but this failed to
Benigno Aquino Jr., was assassinated during the Marcos regime.

L/I EVIDENCE
Contrary to the 1987 Constitution
1 the state to uphold human rights by educating the youth. It defies
2 Based on AFPR G 161 374, the
AFP’s implementing rules and
regulations for Republic Act 289,
the remains of the following shall
not be interred in the Libingan ng
mga Bayani:
 Personnel who were
dishonorably separated/
reverted/discharged from the
service.
 Authorized personnel who
were convicted by final
judgment of the offense
involving moral turpitude.
NEGATIVE
ARGUMENTS
Hero’s burial for the late dictator contradicts the 1987 Constitution,
which is an “anti-dictatorship constitution.” It “amounts for a total
denial of the abuses committed by the Marcos regime.” It violates
sections 11 and 13, Article II, of the Constitution, which mandates
Section 17, Article VII, which calls for the faithful execution of
existing laws, such as the law creating the national pantheon for
Presidents, National Heroes and Patriots (Republic Act 289) and the
Martial Law Victims Reparations Law (Republic Act 10368).
Dishonorably separated/reverted/discharged from the service:
Marcos was ousted by the direct actions of great numbers of people
in a huge non-violent 10-day protest (six days crony boycott, 4 days
EDSA) never before seen in the world.  Marcos was so freaked out;
he voluntarily left the palace, the seat of power, in effect
dishonorably discharging himself from his post as president and
commander-in-chief of the armed forces at the people’s behest.
Convicted by final judgment of offense involving moral turpitude:
The supreme court’s final decision dated July 2003 (G.R. No. 152154),
Republic of the Philippines vs. … Ferdinand E. Marcos (Represented
by his Estate/Heirs: Imelda R. Marcos, Maria Imelda [Imee] Marcos-
Manotoc, Ferdinand R; Marcos, Jr. and Irene Marcos-Araneta) and
Imelda Romualdez Marcos, respondents, in the ill-gotten wealth case
involving the aggregate amount of $658,175,373.60 (inclusive of
interest as of January 31, 2002) held by five account groups using
various foreign foundations in certain Swiss banks.
REBUTTAL
There is no item in the Constitution that “expressly prohibits” the
late President’s interment at the Heroes’ Cemetery.
Marcos' burial in the Heroes' Cemetery complies with all the
requirements of the AFP, which has jurisdiction over who is buried
there.
The regulation issued by the AFP is very clear. Those who are
entitled to be interred in the Libingan ng mga Bayani are, among
others, soldiers and presidents, so on the basis of that, the late
President Marcos is entitled to be buried there
Marcos was never technically dishonorably discharged from service
as a soldier or convicted for an offense involving moral turpitude.
Marcos was never tried, nor convicted of ANY offense or moral
turpitude. In contrast, he was still truly an inspiration and
emulation of the millennials, (we can discuss the so called historical
revisionism BUT let's focus on this issue.) This issue has been
stopping us from recognizing that he is indeed a Former president,
public servant, and soldier. If you want to bar the burial, WELL you
must SUE the DEAD and acquire a merit for an absolute resolution
that he must not be buried. Well, in what I see, there are more
merits on why he must be buried than not.
 What put Marcos down is a Revolutionary Government, which was
then POLITICAL in nature. And so, Ferdinand Marcos, without a
FINAL JUDGEMENT on his moral turpitude in any court can lead to
conclusion that his removal from office was just a POLITICAL
MOVE.

Section 1 of Republic Act 289 (An Section 1 of Republic Act 289 only allows interment for presidents and The pantheon referred to in RA 289 is not the existing Heroes’
Act Providing for the Construction national heroes “worthy of emulation,” which is not evident in Marcos due Cemetery. “It refers to the site in East Avenue, Quezon City,
of a National Pantheon for to the human rights violations committed during his time. approved by President Quirino on May 12, 1953.”
Presidents of the Philippines,
More than just a burial ground for the presidents, national heroes and To date, no National Pantheon has been erected at the site.”
National Heroes and Patriots of
patriots, the LMB was built as symbolic ground to commemorate people
the Country) President Marcos, through Proclamation 208, declared the
who took part in the history of the nation, and contributed to nationhood.
The commemoration of these heroes is aimed to inspire future generations Libingan ng mga Bayani located in Fort Bonifacio a national shrine.
Section 2 names the “Secretaries and to serve as role models of youth and the unborn.
of Interior, Public Works and
3
Communications, Education and Section 2 names the “Secretaries of Interior, Public Works and
two private citizens appointed by Communications, Education and two private citizens appointed by the
the President” President” as members of the Board of the National Pantheon authorized
to order the burial of departed Presidents and national heroes.

Public respondents who ordered and will cause the interment are
not even members of the Board of National Pantheon as listed in
Section 2 (c) of RA 289.

4 Contrary to Republic Act 10368:
Human Rights Victims Reparations
Act
This is a recognition of the human rights violations committed during
Martial Law, thus disqualifying Marcos from having an honored
burial. The law also calls for the recognition of the sacrifices of
Martial Law victims by providing compensations for the damages and
establishment of memorials.
Martial Law remains to be one of the darkest periods of recent
history, with 70,000 people imprisoned, 34,000 tortured and 3,240
killed, as per Amnesty International report. Many lives were lost,
basic freedoms were suspended, and democracy was at its lowest
point. Martial Law victims are classified as “heroes’ under Republic
Act no. 10368, which states that,
"…it is hereby declared the policy of the State to recognize the
Irrelevant to the issue of the burial. The victims’ monetary
reparations and other forms of recognitions would not be
affected by the decisions of the case.
THIS IS NOT AN ISSUE OF THE MARTIAL LAW VICTIMS, they may
get their justice resolution in the COURT of the LAWS, it must not
determine where the corpse of a former president will rest.
For former President Marcos to be buried in the Libingan is not to
dishonor those who 'heroically' died and neither to insult those
'heroes' who are officially recognized by our history books. To bury
the man where he deserves to be is also to execute justice. That no
matter how warped some people might see the man, we cannot
deny that he did something for this country. And that we cannot
heroism and sacrifices of all Filipinos who were victims of summary deny.
execution, torture, enforced or involuntary disappearance and other
gross human rights violations committed during the regime of former In defense of Martial law: Why Marcos is a hero
President Ferdinand E. Marcos covering the period from September The burial of the late President Marcos is not an issue on Martial
21, 1972 to February 25, 1986…" Law victims. Yes, there were a lot of people who have died from
Martial Law. There are a lot of victims of torture, sudden
The burial of Ferdinand Marcos would therefore be an insult to the
disappearances and so on and so forth. This is a written fact, and I
heroes of Martial Law, which in fact, are already recognized by the
concede on your claims. BUT, let’s go back to the main root of
law as “heroes” more than just victims, and is already trying to
Martial Law. Why was it declared? Simple: There was complete
compensate their families for the loss of their family members during
chaos in the country plus there were assassination attempts to the
the regime.
first lady, Enrile, and even the president himself. The armed forces
were immobilized and impotent. There was no income coming into
The likes of Judy Taguiwalo, who was raped, detained while
the government. That is why he had his last resort: Martial Law.
pregnant, and subjected to different torture devices will be
forgotten. The Dictator who allowed the torture, killings, and Was it in any way unconstitutional?
disappearances of Jose Lacaba, Carlos Centenera, Natham and Susan
Quimpo, and other victims shall be vindicated because of this burial. HE JUST APPLIED THE CONSTITUTION. It was strongly necessary. As
a leader, you have to overlook and control certain things if there’s
The burial would make Ferdinand Marcos a “hero” despite the no peace and order anymore. Let me leave the Marcos’ critics this
political abuses that he committed during his regime. Making the burden: If you are in his position that time, and people were
oppressor of the heroes of Martial Law a hero as well is a against each other or so to speak even the government, how can
contradiction that we cannot afford to propagate to the next you solve the problem as the President? Remember, Marcos aced
generations. the bar examinations twice. His knowledge of the law and
constitution was par excellence.
Ferdinand “Bongbong” Marcos once said in an interview, “Let us
leave history to the professors, to those who study the history of the Marcos is a hero; Aquino aided the NPA
Philippines. It is not our job. Our job is to look at what the people
Burying Marcos won't make him a hero, because he already is a
need at present.” Bongbong’s statement is an attempt to forget, and
hero. A war veteran who fought side by side with our guerrillas who
to revise the realities of the past. History is not only confined within
thirst for freedom and a president that made the Philippines a
the realm of the professor, of the student, and of the historian.
better country. With his innate intelligence he made the lives of
History determines our collective identity as a people and as a
many Filipinos easier by providing a lot of infrastructure projects.
nation. Burying Marcos in the Libingan ng Mga Bayani would not be
The thing about being named hero is that not everyone will hail you
representative of our collective identity as a nation- because we are
as one; the thing about FEM, however, is that a lot of people still
a nation which fought a dictator, and a nation who learns from our
consider him a champion, and he truly is.
past.
Talking again about the victims of Martial Law wouldn’t do you any
good. If turpitude or morality is to be taken into account for one to
be called a hero, then why do we consider Emilio Aguinaldo as a
hero? It is also a historical fact that he ordered the execution of

Marcos family’s 1992 agreement
with then president Fidel Ramos
5
International Covenant of Civil and The burial violates the International Covenant of Civil and Political
Political Rights
6 ICCPR mandates the state to ensure that a person whose rights are
Marcos’ military records
7
President Marcos’ right to be buried at the national cemetery has
been “waived” due to his heirs’ agreement with former president
Fidel Ramos in 1992. The deal permitted the family to bring home to
the Philippines the remains of the exiled president as long as it would
be brought straight to Ilocos Norte without military honors. It also
specified that he would not be buried at the national shrine.
Rights (ICCPR) and international norms on the right to the truth and
the duty of the state to preserve memory and guarantee non-
repetition.
violated must be recognized and be given “effective remedy.”
Allowing a hero’s burial for Marcos denies Martial Law victims the
“remedies awarded to them by competent authorities.”
The study conducted by the National Historical Commission of the
Philippines (NHCP), which proved that Marcos’ service as a soldier
and a World War II veteran is fake. They also said that he was
“dishonorably discharged” when he was ousted in 1986.
Andres Bonifacio, who was a famous leader. It is also a historical
fact that he ordered the execution of Juan Luna, who has a great
battle plan to win the war against conquerors. All of these, and still
we consider him a hero. I also want to point out Benigno Aquino III
who’s considered to be a hero despite helping the rise of NPA
during the Marcos regime… Point is, a lot of people are still
considering them heroes despite the activities linked to him.
President Duterte is not bound by the agreement since it is
“doctrinal” that “incumbent presidents are free to determine [their
own] policies.”
The government does not violate international covenants because
the petitioners’ premises are that the interment will make Marcos
a hero and there will be a “re-writing” of history.
The administration is not “re-writing” history by allowing the burial
as they are not naming Marcos a hero but only recognizing him as
a former president and soldier. The notion that only “heroes” can
be buried at the Libingan is a “legal and historical” misconception.
The NHCP study is incomplete. The Philippine Veterans Affairs
Office (PVAO) recognizes Marcos as a member of the retired army
personnel based on a certification issued on August 18, 2016. PVAO
records show that Marcos was a World War II veteran and among
retired military personnel. Because of PVAO’s certification, Marcos
is considered “honorably discharged” from the service.