STATEMENT OF FACTS

1. On September 21, 1972 by virtue of Presidential Declaration 1081, the late President Ferdinand E.
Marcos as vested upon him in the 1935 Constitution Art VII Sec.10 (insert provision).
2. during the martial law ( search for events, forced disappearances tortures during the regime)
3. On February 21, 1986 a snap election was conducted, between Marcos and the widow of Benign Aquino
Sr., Corazon C. Aquino. It was declared by the COMELEC that MARCOS won the election while Aquino was
declared winner by NAMFREL. Marcos took oath as the president but he was not recognised as the President of
the PH.
4. On Feb 25, 1986, EDSA Revolution ousted Marcos from Malacanang after which, the Marcoses went into
exile in Hawaii where they stayed until his death. Aquino issued an order prohibiting the return of the marcoses to
other PH ( search case)
5. In 1992, under the FVR adminstration, an agreement contracted between then interior secretary Rafael
Alunan III representing the Phil government and Roquito Ablan district representative of Ilocos Norte
(representative in behalf of the Marcoses) regarding the return of the body of Marcos in the PHILIPPINES subject
to the following conditions:
1. Marcos is to be accorded honors befitting a war veteran and a former member of the
AFP. In general terms, this shall include the following:
1. flag draped coffin
2. vigil guards during the wake
3. honor guard
4. firing detail
5. taps
6. pallbearers composed of retired generals under his command
This appropriate military honors shall be rendered by the NOLCOM which has jurisdiction over the area
in coordination with Ilocos Norte governor, Rodolfo Farinas who shall act as government representative as well as
implementing officer. (see Annex)
In addition, a recent interview of former President Ramos, he told the reporters that the Maros family broke one of the three
preconditions they had agreed:
First Precondition: the body shall be flown straight to Paoay
Second Precondition: the body will not stop over in Manila but be flown directly to Ilocos
Third Precondition: Marcos would be given the donors befitting a major of the armed forces
Fourth Precondition: A quick burial. He was to be buried in the meantime in Ilocos Norte, on the decision of the
family as to the place.
The fourth precondition was not fulfilled because Marcos was not buried. site the news article and source),
6. During the campaign for the May 2016 elections, President Rodrigo Duterte announced his desire the burial of Expresident Marcos in the Libingan ng ma Bayani because he was a hero and a president. In relation of that promise, a recent
verbal order declared by President Rodrigo Duterte last Aug 7, 2016, he already gave the go signal to bury Ex president
Marcos in the Libingan ng ma Bayani. ( search for the memorandum). The Department of National Defense issued a
memorandum directing the AFP to prepare for the internment.
7. The issue now is who can be buried in the LNMB. under the AFP Code, the following can be buried in the Libingan ng ma
Bayonne

Medal of Valor Awardees

i.
The President of the Philippines as the Commander-in-Chief of AFP
ii. The Secretary of National Defense
iii. The Chief of Staff of AFP
iv. General/Flag Officers of the AFP
v. Active and retired military personnel of the AFP
vi. Former AFP members who laterally entered/joined the Philippine National Police and the Philippine
Coast Guard
vii. Veterans of Philippine Revolution of 1896, First World War, and World War II, as well as recognized
guerrillas
viii. Government Dignitaries, Statesmen, National Artists and other deceased persons whose interment
or re-interment has been approved by the Commander-in-Chief, Congress, or the Secretary of National
Defense.

ix. Former Presidents, former Secretaries of National Defense, widows of former Presidents, and
former Chiefs of Staff.
Disqualifications:

Personnel who were dishonorably separated, reverted, and/or discharged from the service
Authorized personnel who were convicted by final judgment of an offense involving moral turpitude
Corrupt officials

7. Under RA 289 Section 1.To perpetuate the memory of all the Presidents of the Philippines, national heroes and
patriots for the inspiration and emulation of this generation and of generations still unborn, there shall be constructed
a National Pantheon which shall be the burial place of their mortal remains.
8. RA 10368, AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN RIGHTS
VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES
Sec. 2
Section 11 of Article II of the 1987 Constitution of the Republic of the Philippines declares that the State values the
dignity of every human, person and guarantees full respect for human rights. Pursuant to this declared policy, Section
12 of Article III of the Constitution prohibits the use of torture, force, violence, threat, intimidation, or any other means
which vitiate the free will and mandates the compensation and rehabilitation of victims of torture or similar practices
and their families.
By virtue of Section 2 of Article II of the Constitution adopting generally accepted principles of international law as part
of the law of the land, the Philippines adheres to international human rights laws and conventions, the Universal
Declaration of Human Rights, including the International Covenant on Civil and Political Rights (ICCPR) and the
Convention Against Torture (CAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment which imposes
on each State party the obligation to enact domestic legislation to give effect to the rights recognized therein and to
ensure that any person whose rights or freedoms have been violated shall have an effective remedy, even if the
violation is committed by persons acting in an official capacity.
9. Presidential Decree 208, reserving a 142 hectare area from the Fort Bonifacio Military Reservation for a national
shrine for heroes.

ISSUES:
1.

When the president is ousted from office does his:

Function as Commander-in-Chief is also removed (refer to the deliberation of the
constitutional commission)
During his ouster, was he considered dishonorably discharged (look into the
technical definition of dishonorably discharged ----another ground for the removal of the president
from the service of AFP)
What is the nature of the office of the president as a commander-in-chief? (Scope or
nature of Office)

-See powers of President in the deliberations of Constitutional Commission

1. When Martial Law was declared under the 1935 Constitution, when the 1973 was enacted? When was
the martial law lifted? (look into the deliberation of the 1935,1973,1987 constitutional commission.

What is the nature of martial law? What happens if the president declares martial law? Does he assume
as civilian leader or a military leader? (Connects with the EDSA revolution)

1.

Does AFP regulation violate RA 289? (What is the basis of the guideline?)

PD 208, May 1967(National Shrines Commission) (Relate with the RA 289)

1.

Main Cause of Action:

Is the memo Constitutional? (refer to RA 10368 and Article 13 Section 1 of the 1987 Constitution on Social Justice)