[Trending Now] Law Expert: PH Law DOES NOT Prohibit Marcos' Burial In The Libingan Ng Mga Bayani. Why? READ THIS!
The burial of former President Ferdinand Marcos in the heroes cemetery is nearing, victims and survivors are still crying out their prote...
The burial of former President Ferdinand Marcos in the heroes cemetery is nearing, victims and survivors are still crying out their protests against this and asking if the law allows him to be buried in the Libingan ng mga Bayani.
The University of Santo Tomas Law Dean Nilo Divina answered the question saying that according to the Philippine law, nothing prohibits the former dictator from being laid at the National Heroes' Cemetery.
"There is no prohibition from the legal perspective and because there's no prohibition, it can be allowed."
On her interview with CNN Philippines on Tuesday, she noted that the issue the victims and right advocates are trying to raise, "moral turpitude" can't be used easily. She explained that the AFP's ground rules concerning the allocation of plots in the cemetery only forbids those who have been acquitted of criminal offenses. Furthermore, Divina explained that the decisions made by the Supreme Court, Hawaii Court and Swiss Court were all civil cases.
"In the case of the former President, he was found liable and the estate ordered to pay the victims of human rights during his regime, but that was a civil case. That was not a criminal case. So from the legal perspective, there is no prohibition."
Divina explained that the idea of "moral turpitude" is very broad.
"They may argue perhaps that given the death, the crimes have already been committed, they can make a case that this is one of moral turpitude. The phrase moral turpitude is very broad. Bouncing check is also an example, rape, theft."
"It may be tough given the language of the law."
Although despite this, Albay Representative and Human Rights Lawyer Edcel Lagman along with other lawyers are planning to file a petition at the Supreme Court against the burial of former President Marcos.
"The president's decision should not be arbitrary and absolute. An independent body like the Supreme Court could intervene in order to stop this projected desecration of the Libingan ng mga Bayani," Lagman said.