MANILA, Philippines—A Manila trial court has ordered Executive Secretary Paquito Ochoa Jr. to respond to a petition seeking a ruling on the constitutionality of burying the late dictator Ferdinand Marcos at the Libingan ng mga Bayani.
On April 18, lawyer Samson Alcantara filed a petition in Manila Regional Trial Court Branch 1 asking Judge Tita Bughao Alisuag to resolve various constitutional issues posed by the burial controversy.
Sen. Ferdinand Marcos Jr., the late dictator’s son, is seeking the transfer of his father’s remains to the Libingan.
President Benigno Aquino III, whose late father was assassinated by military men during the Marcos years, has referred the matter to Vice President Jejomar Binay for study.
Named as a respondent in the petition was Ochoa as “the alter ego” of the President.
In a three-page order issued on April 25, Alisuag gave Ochoa and the Office of the Solicitor General 15 days to submit their opinions on the matter.
Alcantara asked the court to resolve “whether or not the burial … [would] undermine the constitutional principle of the maintenance of peace and order and the promotion of the general welfare.”
Alcantara also sought a court ruling to resolve the issue of whether or not President Aquino’s refusal to have Marcos buried in the heroes cemetery “would be violative of social justice,” “would violate human rights,” “would be discriminatory and a denial of equal protection of the laws,” and would violate his Presidential oath “to do justice to every man.”
Alcantara also asked the court to rule on whether or not Marcos’ burial at the Libingan would be in compliance with a constitutional mandate “to provide immediate and adequate care, benefits and other forms of assistance to war veterans,” among other things.