LOYALISTS’ RALLY Marcos supporters rejoice along Padre Faura Street after learning about the favorable decision of the Supreme Court on the burial of former President Ferdinand Marcos at Libingan ng mga Bayani. —LYN RILLON
While saying that the Supreme Court sympathizes with martial law victims, one of the justices who voted to allow the burial for the late dictator Ferdinand Marcos said the high tribunal was just exercising “judicial restraint” in a “truly political controversy.” In his separate opinion, Associate Justice Jose Mendoza said Marcos’ interment at the Libingan ng mga Bayani will not rewrite history.
READ: SC votes, 9-5, for burial of Marcos at Libingan
Here’s a summary of Mendoza’s opinion as released by the SC public information office:
Justice Jose Catral Mendoza stated that the Court should not take part in the political controversy because the question presented is not justiciable and that, therefore, the petition should be dismissed. He also argued that even were the Court to take cognizance of the petitions, the President’s act was not attended by grave abuse of discretion as there was no violation of any constitutional provision or law. He concludes his separate opinion with these words:
“Lest it be misunderstood, the Court is not passing judgment on whether President Marcos truly deserves to be buried in the LNMB. It is merely exercising judicial restraint as the issues at hand are truly political in nature and, therefore, are best left to the discretion of the President.
Lest it be misunderstood, the Court is not passing judgment on whether President Marcos truly deserves to be buried in the LNMB. It is merely exercising judicial restraint as the issues at hand are truly political in nature and, therefore, are best left to the discretion of the President.
The Court sympathizes with the HRVVs and acknowledges the harrowing ordeals they suffered (at) the hands of government forces during martial law. The stigma left by the martial law regime will never be forgotten by the Filipino people and the burial of President Marcos (at) the LNMB will not re-write history.
On (this) matter, however, the Supreme Court should not have a hand. It should not resolve the issues in this truly political controversy.”
Voting 9-5 with one abstention, the SC on Tuesday junked all petitions against President Rodrigo Duterte’s directive to transfer Marcos’ remains to the heroes’ cemetery.
READ: SC: ‘No grave abuse of discretion’ by Duterte on Marcos burial
Duterte, a known Marcos ally, pushed for the Libingan burial as part of his campaign promise despite strong opposition from martial law victims and the general public. The Marcos regime was marred by human rights abuses, curtailed press freedom, corruption, forced disappearances, and unlawful arrest and killings of opposition forces. YG