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The Supreme Court in a majority vote yesterday allowed the burial of President Ferdinand E. Marcos at the Libingan ng mga Bayani in Taguig City.
The SC ruled that President Duterte “committed no grave abuse of discretion in ordering that the remains of former President Ferdinand E. Marcos be buried in the LNMB because this was done in the exercise of his mandate under Article VII, Section 17 of the 1987 Constitution to ensure the faithful execution of all laws and there is no law that prohibits the burial of the Marcos remains at the LNMB.”
Nine justices allowed the burial. Five justices dissented and voted to grant the seven petitions against the burial as ordered by the President. One justice inhibited himself.
With the ruling that dismissed the petitions, the SC lifted its status quo ante order issued last August 23 that stopped temporarily the LNMB burial of Marcos.
“Wherefore, premises considered, the petitions are dismissed. Necessarily, the status quo ante order is hereby lifted,” the SC ruled.
But several of the petitioners in the seven consolidated cases immediately announced that they will file motions to reconsider the SC’s decision that was arrived at during its full court session yesterday.
Under the rules, they have 15 days from receipt of the official copy of the SC decision to file their motions for reconsideration.
The majority decision was written by Justice Diosdado M. Peralta. Justices Presbitero J. Velasco Jr., Teresita J. Leonardo-de Castro, Arturo D. Brion, Lucas P. Bersamin, Mariano C. del Castillo, Jose Portugal Perez, Jose Catral Mendoza, and Estela B. Perlas Bernabe concurred.
Chief Justice Maria Lourdes P. A. Sereno, Senior Justice Antonio T. Carpio, and Justices Marvic Mario Victor F. Leonen, Francis H. Jardeleza, and Alfredo Benjamin Caguio dissented.
Justice Bienvenido L. Reyes inhibited himself. Brion, Perez, and Mendoza submitted separate concurring opinions.
Caguioa was originally assigned by raffle to write the draft decision for the SC. His draft became a dissenting opinion. Sereno and Carpio and Leonen submitted their respective dissenting opinions.
Supporters of the Marcos family cheered the SC’s ruling. Hundreds of them staged a vigil in front of the SC offices on Padre Faura St., Ermita, Manila since Monday night.
The petitioners and their supporters also staged a rally. They did not hide their dismay when the SC decision was announced. (REY G. PANALIGAN)