Constitution prohibits hero's burial for Marcos, Gutierrez says
Lawyer Barry Gutierrez said many provisions of the Constitution are anchored on the recognition that late President Ferdinand Marcos was a tyrant, a plunderer and a human rights violator. File photo
MANILA, Philippines — The Constitution prohibits the burial of former President Ferdinand Marcos at the Libingan ng mga Bayani, according to lawyer Barry Gutierrez, a counsel of some of the petitioners opposing the late dictator's interment.
According to Gutierrez, many provisions of the Constitution are anchored on the recognition that Marcos was a tyrant, a plunderer and a human rights violator.
"So burying him in this hero cemetery reverses and goes against that Constitutional determination," Gutierrez said during a televised interview.
Initially, the Supreme Court (SC) was anticipated to make a decision on the late dictator's burial today. The SC, however, said the voting is reset to November 8. An insider also told The STAR that the SC decided to extend its status quo ante order on the burial for the second time.
In late May, President Rodrigo Duterte said he would allow Marcos' remains to be buried at the Libingan ng mga Bayani. However, several petitions were filed against the burial, which led to the oral arguments centered on whether or not Marcos was a hero worthy of interment at the heroes' cemetery.
Gutierrez said that the government's argument that a former president and soldier could be buried at the Libingan is not a law but merely an Armed Forces of the Philippines (AFP) regulation.
He also said that no one is attempting to remove the title of Marcos as president or his role as a soldier.
"You cannot take his identity as a president and as a soldier and separate that from the entirety of his legacy," Gutierrez added.
Gutierrez also revealed that former President Ramon Magsaysay indicated a purpose of the Libingan ng mga Bayani in a proclamation that states that the people buried there would be people deserving of the nation's esteem and reverence.
"People who inspire us. And you know, Marcos is the complete anti-thesis of that," Gutierrez added, saying that it is not only his opinion, but the judgment both of history and the recognition embedded in the Constitution and various laws.
With respect to the healing and moving forward, Gutierrez said that it's "a laudable goal."
In one of his press conferences, Duterte said that the issue of Marcos being buried at the Libingan ng mga Bayani has divided the nation.
"It’s a nation that refuses to heal a wound," Duterte said.
Gutierrez, however, argued that by looking at the reaction towards the president's decision shows that it is the "complete opposite of healing."
"In fact it has reopened old wounds," he said.
