Timothy Escopete

Of Marcos burial, as a hero


Case Title(s)

  • Saturnino C. Ocampo, et al. Vs. Rear Admiral Ernesto C. Enriquez, et al.
  • Rep. Edcel C. Lagman, et al. Vs. Executive Secretary Salvador C. Medialdea, et al.
  • Loretta Ann Pargas-Rosales, et al. Vs. Executive Secretary Salvador C. Medialdea, et al.
  • Heherson T. Alvarez, et al. Vs. Executive Secretary Salvador C. Medialdea, et al.
  • Zaira Patricia B. Baniaga, et la. Vs. Executive Secretary Salvador C. Medialdea, et al.
  • Algamar A. Latiph Vs. Secretary Delfin N. Lorenzana, et al.
  • Leila M. De Lima Vs. Executive Secretary Salvador C. Medialdea, et al.

Global Registry Numbers

  1. G.R. No. 225973
  2. G.R. No. 225984
  3. G.R. No. 226097
  4. G.R. No. 226116
  5. G.R. No. 226117
  6. G.R. No. 226120
  7. G.R. No. 226294

Promulgated

November 8, 2016

Main Decision Ponente


Other Opinions

Concurring Opinion

Separate Concurring Opinion

Separate Opinions

Dissenting Opinions

Inhibited

  • Associate Justice Reyes

Recordings

The oral arguments’ audio recordings can be found here.


My personal stand

I have read from facebook posts and comments about the issue from personal friends. Some of them are lawyers, and most are my close friends.

My personal take has always been what A. J. Brion said in his separate concurring opinion, and to quote:

The judicial power that the Court wields is symbolized by a blindfolded lady carrying a set of scales for a reason: it bases its decision, not on who the litigants are, nor on the clout - political, emotional, or financial - they may carry; judicial adjudication is based on law and evidence alone. Under this standard, I cannot grant the petitions without knowingly crossing the line separating judicial power from judicial overreach.

My personal stand on the issue of Marcos as a hero is best summarized by A. J. Perez, and to quote:

Edralin Marcos (President Marcos) was not, and will never be, a hero. His interment in the Libingan Ng Mga Bayani (LNMB) will not erase the atrocities committed during his authoritarian rule. His place in history will ultimately be judged by the people.

A. J. Perez concurred to the main opinion of the court and he further stressed the fact that the issue on Marcos as a hero is beside the point before the court.

A. J. Peralta said:

… Court finds guidance from the Constitution and the applicable laws, and in the absence of clear prohibition against the exercise of discretion entrusted to the political branches of the Government, the Court must not overextend its readings of what may only be seen as providing tenuous connection to the issue before it.

To sum it up:

  1. I believe that Marcos is not a hero.
  2. Marcos is allowed by law to be entered into the Libingan ng mga Bayani in the clear prohibition by the law and the constitution.

If you have question(s) and/or clarification(s), please let me know.

Soli Deo Gloria!