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The late President Ferdinand Marcos cannot be buried at the "Libingan ng mga Bayani." The law prohibits it.
Section 1 of Republic Act No. 289, otherwise known as "An Act Providing for the Construction of a National Pantheon for Presidents of the Philippines, National Heroes and Patriots of the Country" is quite clear in its purpose – to "perpetuate the memory of all Presidents of the Philippines, national heroes and patriots for the inspiration and emulation of this generation and of generations still unborn."
The spirit of the law is self-evident. The sacred place is the burial ground for honorable men and women only - as signified by the phrase: "for the inspiration and emulation of this generation and of generations still unborn".
There is nothing inspirational or emulatory – meaning, worth-imitating – with respect to the dictatorship of President Ferdinand Marcos. The Marcos regime was one of the darkest periods in Philippine history. No less than a law, Republic Act No. 10368, acknowledged this. It stated:
" ... it is hereby declared the policy of the State to recognize the heroism and sacrifices of all Filipinos who were victims of summary execution, torture, enforced or involuntary disappearance and other gross human rights violations committed during the regime of former President Ferdinand E. Marcos covering the period from September 21, 1972 to February 25, 1986 and restore the victims' honor and dignity. The State hereby acknowledges its moral and legal obligation to recognize and/or provide reparation to said victims and/or their families for the deaths, injuries, sufferings, deprivations and damages they suffered under the Marcos regime.
"Similarly, it is the obligation of the State to acknowledge the sufferings and damages inflicted upon persons whose properties or businesses were forcibly taken over, sequestered or used, or those whose professions were damaged and/or impaired, or those whose freedom of movement was restricted, and/or such other victims of the violations of the Bill of Rights."
Moreover, Executive Order No. 1 of the late President Corazon Aquino created the Presidential Commission on Good Government (PCGG). Its main mission is
the recovery of all ill-gotten wealth accumulated by former President Ferdinand E. Marcos, his immediate family, relatives, subordinates and close associates, whether located in the Philippines or abroad, including the takeover or sequestration of all business enterprises and entities owned or controlled by them, during his administration, directly or through nominees, by taking undue advantage of their public office and/or using their powers, authority, influence, connections or relationship.
Presently, about P170 billion of ill-gotten wealth (assets, monies, and properties) had already been recovered by the PCGG. And the PCGG is still trying to recover millions, if not billions, more. This theft can be considered the grandest larceny in Philippine history. Only plunderers will find this inspirational and worth-emulating. Surely, this cannot be the "memory" of a president sought to be "perpetuated" by Republic Act No. 289.
Neither can these acts be considered as achievements of a national hero or a patriot. And, even if former President Ferdinand Marcos were a soldier, his exploits and alleged medals were dubious in their authenticity as asserted by the National Historical Commission of the Philippines (NHCP).
Also, while the law provides that it is to perpetuate the memory of "all presidents" and that "all presidents" shall be interred therein, the word "all" should not be construed as unconditional or unqualified so as to actualize an absurd application of the law, mock its noble purpose, and create injustice. In the words of the Supreme Court "the spirit of the law controls its letter" (US vs. Go Chico G.R. No. 4963 September15, 1909) such that "a thing which is within the letter of the law is not within the statute unless it is within the intention of the lawmaker." (ibid) A dishonorable and corrupt president cannot be within the noble intent of Republic Act No. 289.
And even if the law provides that it "shall be the burial place of their mortal remains", the Supreme Court has already ruled that, the word "shall" – ordinarily meaning a command – will depart from its mandatory character and will be construed as "permissive when no public benefit or private right requires that it be given an imperative meaning." (Diokno vs. RFC 91 Phil. 608)
Surely, the members of the Marcos family do not have any private right on the "Libingan ng mga Bayani". The place is not privately owned by them. Also, no public benefit can be derived in the burial as allowing the same will contravene the law’s noble intent. Indeed, the non-mandatory requirement of burying presidents at the "Libingan ng mga Bayani" is evidenced by its very usage since it took effect in 1948. The late Presidents Manuel L. Quezon, Sergio Osmeña, Ramon Magsaysay and Manuel Roxas were not buried there.
Some ask why should the Filipinos not just move on and simply allow the burial of former President Ferdinand Marcos at the "Libingan ng mga Bayani"? As I have said many times, it is not just a matter of simply forgetting a by-gone-Marcos-era. Neither is it a simple interment. It is about lessons from the dark side of our history initiated by that President, learning from it and not standing idly-by to let others, repeat what he did.
To honor him, despite the recovery of billions of ill-gotten wealth (which is still on-going) and in spite of the unequivocal public-policy-recognition of the savagery of his regime against his own countrymen/women, is to render absurd Republic Act Number 289 and desecrate the "Libingan ng mga Bayani."
One cannot force respect and honor. It must be earned through genuine service and sacrifice for others. Burying the former dictator Ferdinand Marcos at the "Libingan ng mga Bayani" will not revise history. It will not undo what has been done. But there is still meaning in not allowing his burial there – and that meaning is the preservation of our dignity as free-loving people – that we will not anymore be subjected to the cruelty and greed of a despotic president.
And if erasing the memory of one of the darkest periods in our history after World War II is what the proponents of this burial is hoping to achieve, then the right thing to do is for them to acknowledge the atrocities that happened during the Martial-Law years. Then perhaps healing can start and some will finally have closure. No, they cannot just bury former President Ferdinand Marcos at the "Libingan ng mga Bayani" and hope that the memories of his oppressive regime would be buried with him.
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