Sunday, February 5, 2023
manilastandard.net
ADVERTISEMENT
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Others
    • Pets
    • Pop.Life
      • Newsmakers
      • Hangouts
      • A-Pop
      • Post Its
      • Performances
      • Malls & Bazaars
      • Hobbies & Collections
    • Technology
      • Gadgets
      • Computers
      • Business
      • Tech Plus
    • MS ON THE ROAD
      • Sedan
      • SUV
      • Truck
      • Bike
      • Accessories
      • Motoring Plus
      • Commuter’s Corner
    • Home & Design
      • Residential
      • Commercial
      • Construction
      • Interior
    • Spotlight
    • Gallery
      • Photos
      • Videos
    • Events
      • Seminars
      • Exhibits
      • Community
    • Biyahero
      • Travel Features
      • Travel Reels
      • Travel Logs
  • Advertise with Us
No Result
View All Result
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Others
    • Pets
    • Pop.Life
      • Newsmakers
      • Hangouts
      • A-Pop
      • Post Its
      • Performances
      • Malls & Bazaars
      • Hobbies & Collections
    • Technology
      • Gadgets
      • Computers
      • Business
      • Tech Plus
    • MS ON THE ROAD
      • Sedan
      • SUV
      • Truck
      • Bike
      • Accessories
      • Motoring Plus
      • Commuter’s Corner
    • Home & Design
      • Residential
      • Commercial
      • Construction
      • Interior
    • Spotlight
    • Gallery
      • Photos
      • Videos
    • Events
      • Seminars
      • Exhibits
      • Community
    • Biyahero
      • Travel Features
      • Travel Reels
      • Travel Logs
  • Advertise with Us
No Result
View All Result
manilastandard.net
No Result
View All Result
Home Opinion Columns Eagle eyes by Tony La Vina

Not a good day for justice

Tony La ViñabyTony La Viña
November 19, 2016, 12:01 am
in Eagle eyes by Tony La Vina
Reading Time: 4 mins read
A A
Share on FacebookShare on TwitterShare on Email

Yesterday was a bad day for reconciliation with justice. The surprise burial in Libingan ng mga Bayani of former President Ferdinand E. Marcos, even before the motions for reconsideration of the Supreme Court decision could be filed and decided, was a foul and an unwarranted provocation by the Marcos family. It guarantees that there will be no closure soon on this issue. Court decisions are not final and not be executed until after 15 days precisely to give the litigants an opportunity to file motions for reconsideration and for courts to act accordingly. Aside from basic decency and courtesy, the rule of law lost yesterday. It is my hope that the Supreme Court act on this unprecedented contempt done to it and to do so immediately and motu propio.

 In the spirit of protesting yesterday’s travesty, I summarize in this column the dissents of the five justices that went against the majority opinion which allowed the burying of Marcos at the Libingan ng mga Bayani. They are Chief Justice Maria Lourdes Sereno and Associate Justices Alfredo Benjamin Caguioa, Antonio Carpio, Marvic Leonen and Francis Jardeleza.

 In brief, Chief Justice Maria Lourdes Sereno was of the view that the Court has the authority to resolve this controversy under the expanded concept of judicial review in the 1987 Constitution. However, diverting from the ruling by the majority, she was of the opinion that the President acted with grave abuse of discretion and in violation of his duty to faithfully execute the laws when he ordered the burial of Marcos in the LNMB. She argued that statutes and jurisprudence establish a clear policy to condemn the acts of Marcos and what he represents, which effectively prohibits the incumbent President from honoring him through a burial in the LNMB. Further, the AFP does not have the power to determine which persons are qualified for interment in the Libingan. Furthermore, she strongly objected that the burial cannot be justified by mere reference to the President’s residual powers; it is not unfettered, and such power can only be exercised in conformity with the entire Constitution. The Chief Justice warned that to allow Marcos to be buried in the LNMB would violate international human rights law and an independent source of state obligations, and would negate the remedies provided by Republic Act 10368. Clarifying her argument, she says that under international law, the Philippines is obligated to provide effective remedies, including holistic reparations, to human rights victims; the burial would contravene the duty of the Philippines to provide reparations to victims of human rights violations during the Marcos regime; and it would run counter to the duty of the state to combat impunity. Finally, Chief Justice Sereno pointed out that public funds and property cannot be used for the burial as it serves no legitimate public purpose.

 In explaining his vote, Justice Alfredo Caguioa (joined by Justice Jardeleza) was of the same opinion as the Chief Justice that the interment serves no legitimate public purpose, hence, no use of public property or public funds can be made to support it. In fine, he is of the opinion that the interment of former President Marcos constitutes a violation of the physical, historical and cultural integrity of the LNMB as a national shrine, which the State has the obligation to conserve. Caguioa argued that “burying (Marcos) at the LNMB does not make him a national hero, disregards the status of the LNMB as a national shrine, the public policy in treating national shrines, the standards set forth in these laws and executive issuances as well as in the AFP (Armed Forces of the Philippines) LNMB burial regulations.

Taking a different tack from the dissents of his four other colleagues, Justice Antonio Carpio said that Marcos is disqualified from being interred at the LNMB on the ground that he was forcibly removed from the Presidency by what is now referred to as the People Power Revolution. This is the strongest form of dishonorable discharge from office since it is meted out by the direct act of the sovereign people, Carpio said.

ADVERTISEMENT

Justice Marvic Leonen, on the other hand, stated in a strong dissent that the President’s verbal orders, which were the basis for the issuance of the questioned orders of public respondents are invalid because they violate Republic Act 289, which was never repealed. He continued: “The President’s verbal orders, the Lorenzana Memorandum, and the Enriquez Orders all violate the requirement in Section 1 of Republic Act No. 289 that those buried must have led lives worth of “inspiration and emulation.” Further, Leonen points out that the public respondents gravely abused their discretion when they failed to show that there was an examination of the sufficiency of the facts that would reasonably lead them to believe that the burial of the remains of Ferdinand E. Marcos at the Libingan would be in accordance with Republic Act 289. As such, according to him, the President’s verbal orders were issued with grave abuse of discretion because they violate Republic Act 10368 or the Human Rights Victims Reparation and Recognition Act of 2013; further stating that the President’s verbal orders cannot be justified even under the provisions of the Administrative Code of 1987. By and large, according to the dissent, the actions of public respondents are contrary to the President’s oath of office because they encourage impunity. Leonen reasoned that it is “illegal” for the remains of Marcos to be buried at the LNMB. 

Justice Leonen ends his dissent powerfully and I make his words mine: “Marcos is no hero. He was not even an exemplary public officer. He is not worthy of emulation and inspiration by those who suffer poverty as a result of the opportunity lost during his administration, by those who continue to suffer the trauma of the violations to the human dignity of their persons and of their family.”

Facebook: deantonylavs Twitter: tonylavs

Tags: Libingan ng mga BayaniNot a good day for justicePresident Ferdinand E. MarcosSupreme CourtTony La Viña
ADVERTISEMENT
Tony La Viña

Tony La Viña

Related Posts

The ICC and Duterte, the next phase

byTony La Viña
February 4, 2023, 12:05 am
0
8
Denying Villafuerte justice

"The International Criminal Court can only intervene where a State is unable or unwilling genuinely to carry out the investigation...

Read more

Victory for press freedom

byTony La Viña
January 31, 2023, 12:10 am
0
8
Denying Villafuerte justice

"May the free press win in all these cases" Rappler Holdings Corporation and its president Maria Ressa have been acquitted...

Read more

Justice delayed is justice denied (Part 2)

byTony La Viña
January 28, 2023, 12:10 am
0
8
Christmas path to peace

"The basic principle is that no one should be deprived of liberty unless there has been a trial and final...

Read more

Gigi Reyes and everyone’sright to speedy trial

byTony La Viña
January 24, 2023, 12:10 am
0
8
Denying Villafuerte justice

"The SC said while Reyes’ detention is based on a court order, her prolonged detention, without any progress on the...

Read more

Attacking human rights defenders

byTony La Viña
January 17, 2023, 12:10 am
0
8
Denying Villafuerte justice

"The story of Dyan and Armand ended well but others will not be too lucky in the future until the...

Read more

Protest, petition, passion and praise

byTony La Viña
January 14, 2023, 12:10 am
0
8

"These days, it’s San Francesco’s praise for suffering, sickness, and death—lines he added to the canticle when he became sick...

Read more

Print Edition

View More

Recent Posts

  • Lawmaker hails Imee for aid to Aklan farmers
  • Gatchalian seeking probe on anti-bullying bill
  • Villar: MIF needed for investments
  • Sta. Maria Eagles Club
  • Patiently waiting
  • NHA suspends applications at QC head office
  • Davao de Oro quake infrastructure damage hits P21 million, OCD says
  • Recto: House boosts budget for cancer treatments to P1.56 billion

Advertisement

Latest News

NHA suspends applications at QC head office

byRio N. Araja
February 5, 2023, 10:40 pm
0
8
NHA defers housing payments for 2 months

The National Housing Authority on Sunday said it has temporarily stopped accepting applications at its main office in Quezon City...

Read more

Davao de Oro quake infrastructure damage hits P21 million, OCD says

byManila Standard
February 5, 2023, 10:30 pm
0
8
QC expands free testing program for COVID-19

The magnitude 6 earthquake that hit Davao de Oro on Wednesday caused P21.463 million in infrastructure damage, the Office of...

Read more

Recto: House boosts budget for cancer treatments to P1.56 billion

byRio N. Araja
February 5, 2023, 10:20 pm
0
8
No housing for police, soldiers

From zero funding in the proposed 2023 national budget, the House of Representatives has boosted to P1.56 billion the line-item...

Read more

QC solon pushes 30-day paternity leave for fathers

byRio N. Araja
February 5, 2023, 10:10 pm
0
8
QC expands free testing program for COVID-19

Quezon City Rep. Marvin Rillo is pushing for an increase in the fully paid paternity leave benefit of every working...

Read more

Alfonso Yuchengco: Longer than a centrury

byManila Standard
February 5, 2023, 10:09 pm
0
8
Alfonso Yuchengco: Longer than a centrury

On the occasion of the 100th birth anniversary of Ambassador Alfonso T. Yuchengco, February 6, 1923 - April 15, 2017...

Read more

Advertisement

ADVERTISEMENT
Facebook Twitter Instagram Youtube

ABOUT US

Manila Standard

Manila Standard website (manilastandard.net), launched in August 2002, extends the newspaper’s reach beyond its traditional readers and makes its brand of Philippine news and opinion available to a much wider and geographically diverse readership here and overseas.

Digital Edition

In tone and content, the online edition mirrors the editorial thrust of the newspaper. While hewing to the traditional precepts of fairness and objectivity, MS believes the news of the day need not be staid, overly long or dry. Stories are succinct, readable and written in a lively style that has become a hallmark of the newspaper.

Download – Today’s Paper

Search

No Result
View All Result

6th Floor Universal Re Bldg., 106 Paseo De Roxas cor. Perea Street, Legaspi Village, 1226 Makati City Philippines

Trunklines: 832-5554, 832-5556, 832-5558

© 2021 Manila Standard - Designed and Developed by Neitiviti Studios.

No Result
View All Result
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
  • Pop.Life
    • Newsmakers
    • Hangouts
    • A-Pop
    • Post Its
    • Performances
    • Malls & Bazaars
    • Hobbies & Collections
  • Technology
    • Gadgets
    • Computers
    • Business
    • Tech Plus
  • MS ON THE ROAD
    • Sedan
    • SUV
    • Truck
    • Bike
    • Accessories
    • Motoring Plus
    • Commuter’s Corner
  • Home & Design
    • Residential
    • Commercial
    • Construction
    • Interior
  • Spotlight
  • Gallery
    • Photos
    • Videos
  • Events
    • Seminars
    • Exhibits
    • Community
  • Biyahero
    • Travel Features
    • Travel Reels
    • Travel Logs
  • Pets
  • Advertise with Us

© 2021 Manila Standard - Designed and Developed by Neitiviti Studios.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Install Manila Standard Web App

Install App