Election lawyer Romulo Macalintal. JULLIANE LOVE DE JESUS/INQUIRER FILE PHOTO
Veteran lawyer Romulo Macalintal on Wednesday said the Supreme Court’s (SC) decision which in effect gave the green light for the burial of former President Ferdinand Marcos at the Libingan ng mga Bayani (LNMB) in Taguig City cannot be implemented yet.
In a statement, Macalintal said the executive department should respect the Supreme Court’s ruling and wait until it becomes final.
READ: SC OKs Marcos burial at Libingan
“It looks with disapproval upon the manifestation (to implement the decision pending the motion for reconsideration) which borders on disrespect if not outright insolence,” Macalintal said.
In the 1993 case of Samad vs Comelec, where the SC decision also lifted a previously issued temporary restraining order (TRO) but the Court held that “the lifting of the TRO is part of the decision and like the rest thereof could be the subject of a motion for reconsideration.”
“In other words, any attempt or manifestation to implement the said decision on Marcos burial at the LNMB pending resolution of the motion for reconsideration may constitute contempt of court or could be subject to criminal or administrative sanctions to be imposed by the court,” he explained adding that with these jurisprudences, the status quo ante order previously issued in the Marcos case, which is likened to a TRO, is still valid and effective and the said decision, including the lifting of the status quo ante order, is not yet final and executory.
“This is so because the aggrieved parties, on their respective motion for reconsiderations, may still ask the court to reconsider or set aside its decision or any portion thereof, including an appeal to reconsider the lifting of the status quo ante order,” he added.
Macalintal said under the Rules of Court, petitioners have 15 days from their receipt of the decision to file the motion for reconsideration.
Last week, two urgent motions have been filed before the SC urging it to maintain the status ante order pending finality of the decision.
READ: Another motion filed to stop Marcos burial at Libingan
The petitioners said a status quo ante order is necessary in order not to render moot the motion for reconsideration of the November 8 decision of the SC that they intend to file soon adding that there is a pressing need for the issuance of such an order considering that there have been reports that the preparations for the interment of the former dictator are already being undertaken by the government and the Marcos family despite the decision being not yet final and executory.
The Philippine Army, which supervises the LNMB, said Tuesday that work on the construction of the tomb at LNMB where Marcos’ remains will be laid to rest is 60 percent complete although no date has yet been agreed upon for the internment. RAM
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