Exhumation of Marcos' remains

MANILA - Opposition lawmaker and Albay Representative Edcel Lagman urged the Supreme
Court (SC) to order the exhumation of the remains of former President Ferdinand Marcos, three
days after Marcos was interred at the Libingan ng mga Bayani (LNMB).
In an 8-page pleading filed with the high court before lunchtime on Monday, Lagman said the
exhumation of Marcos' remains was necessary since his burial was "premature, precipitate and
irregular" on the basis that the decision allowing the burial "has not attained finality and was not
executory."
On November 8, the high court, voting 9-5, with one abstention, junked seven petitions assailing
the move of President Duterte to allow Marcos' interment at the LNMB. The ruling also ordered
the lifting of a status quo ante order (SQAO) earlier issued that halted the burial for some two
months.
"Since the object of the premature burial is the so-called interred 'mortal remains' of Marcos,
perforce the same must be exhumed as a rectification of the void execution.
"The exhumation is imperative in order not to render moot and academic the petitioners'
forthcoming and seasonable motion/s for reconsideration, the resolution of which had been
preempted by the precipitate burial in the wake of nationwide protests and cogent commentaries
against the subject Decision of the [SC]," Lagman's motion read.
The exhumation is also intended to "effectively censure and discipline" the Marcos family and
top defense and military officials for their "disrespect" against the SC, the motion stressed.
The motion further pointed out that "with the inordinate haste and stealthy circumstances which
shrouded the interment, there is no certainty as to what was actually buried in the LNMB."
As such, Lagman asked that a forensic examination of the buried remains be conducted to
determine whether what was actually interred were Marcos' remains, and "not any other artifact
or a wax replica of the late dictator, since his remains could have been buried decades ago in
Batac, Ilocos Norte as he reportedly wished to be buried near his mother, the late Doa Josefa
Edralin Marcos in Batac."
Lagman also informed the high court that he will also be filing a pleading to cite respondents
in contempt of court. Another group of petitioners, led by former Bayan Muna Representative
Saturnino Ocampo, filed a separate petition with the SC, also on Monday, to cite respondents in
indirect contempt.
MANILA, Philippines An urgent motion was filed before the Supreme Court to order the
exhumation of the remains of former President Ferdinand Marcos which was buried at the
Libingan ng mga Bayani last week.
Albay Rep. Edcel Lagman asked the high court to issue such a resolution as the burial last Friday
was "hasty and surreptitious."

The lawmaker stressed that the interment was premature, void and irregular considering that the
lifting of the status quo ante order on the Marcos burial was not yet final.
Lagman also asked for an examination of the remains of the ousted dictator buried at the heroes'
cemetery to ensure that it is not just a wax replica of him.
"It is respectfully prayed that the Honorable Supreme Court issue a resolution... Subjecting
whatever is exhumed to a forensic examination in order to determine with certainty that the
'mortal remains' of the late dictator Marcos, not any other artifact or a wax replica of him, were
not interred in the Libingan ng mga Bayani," the motion read.

Albay Rep. Edcel Lagman on Monday asked the Supreme Court to order the
exhumation and forensic examination of whatever was interred as [Ferdinand] Marcos mortal
remains
at
the
Libingan
ng
mga
Bayani
(LNMB).
In his motion for reconsideration, Lagman called the Marcos burial a gross distortion, a
malevolent revision and a wanton derogation of Philippine history.
Lagman said it contrary to President Rodrigo Dutertes claim that the burial would unite the
divided country and helped in moving on.
The burial of a condemned dictator, confirmed plunderer and censured violator of human
rights in the Cemetery of Heroes will not lead to closure because it sanctifies evil and installs a
despot and oppressor in the venerable memorial for good men, Lagman said.
It would not be closure when the interment of Marcos in the LNMB would exacerbate gross
injustice and perpetuate wanton impunity against the victims of martial lawthe entire Filipino
people including those born after that dark age of Philippine history, Lagman added.
In his motion for reconsideration, he also argued that the sole basis for allowing the Marcos
burial at the LNMB which is the AFP Regulations G 161-375 is unenforceable for the absence of
registration with the Office of the National Administrative Registrar (ONAR) of the University
of the Philippine Law Center as required by the Administrative Code of 1987.
Aside from Lagman, former Bayan Muna Partylist Representative Satur Ocampo and several
other human rights victims during the Marcos regime also filed a motion for reconsideration
before
the
SC. RAM/rga
Albay Rep. Edcel Lagman on Monday asked the Supreme Court (SC) to order the exhumation of
whatever was buried as mortal remains of former President Ferdinand Marcos at the Libingan
ng mga Bayani.
The exhumation is also to effectively censure and discipline the public respondents and the
Marcoses for their contumacious disrespect against the Honorable Supreme Court and its
processes, even as the premature and surreptitious burial revealed in bold relief the despicable
chicanery of the Marcoses which is an affront against the Filipino nation and the Honorable
Supreme Court itself, the motion read.

The motion also called for [s]ubjecting whatever is exhumed to a forensic examination in order
to determine with certainty that the mortal remains of the late dictator Marcos (are buried), not
any other artifact or a wax replica of him.

Marcos was buried at LNMB on Nov. 18 even without finality of the Supreme Courts decision
dismissing the petitions against the interment. In effect, Lagman said such action disregarded
their right to file a motion for reconsideration.
The right of a party to file a motion for reconsideration partakes of due process. Such right is
impaired and due process is derailed if a decision which is not final and executory is prematurely
enforced or executed, like in the case at bar, Lagman said.
The finality of the necessary lifting of the status quo ante order is contingent on the finality of
the main decision. Consequently, pending finality of the main decision, the lifting of the status
quo ante order also pends, he added.
Lagman said they would also file a contempt case against Defense Secretary Delfin Lorenzana,
Armed Forces Chief of Staff Ricardo Visaya and Rear Adm. Ernesto Enriquez, deputy chief of
staff for reservist and retiree affairs./rga
THE Supreme Court (SC) was asked on Monday to order the exhumation of the remains of
former President Ferdinand Marcos who was buried last week at the Libingan ng mga Bayani
and to cite the Marcos family and military officials in contempt.
In separate petitions, martial law activists led by former Bayan Muna Representatives Satur
Ocampo and Neri Colmenares said the Marcos family and some military officials should be
declared in contempt for the unannounced burial of the former leader. They claimed that the
High Courts decision allowed the burial of Marcos at the Heroes Cemetery is not yet final.
Named respondents were Rear Admiral Ernesto Enriquez, Deputy Chief of Staff for Reservist
and Retiree Affairs, Armed Forces chief General Ricardo Visaya, Defense Secretary Delfin
Lorenzana, Ilocos Norte Rep. Imelda Marcos and children Imee, Ferdinand Jr. and Irene.
They argued that the respondents violated Section 3(d) of Rule 71 of the Rules of Court, which
prohibits any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade
the administration of justice.
The penalties under the Rules of Court for contempt is not and will never be enough to pay for
the grave injustice this dastardly and cowardly act has caused to the Filipino people and history,
the petitioners said.
They maintained that the mandatory 15-day period to appeal the tribunals decision has not yet
lapsed.
The hasty, shady and tricky Marcos burial or interment at the LMNB violates doctrines of law
that are not only clearly established in the Philippine legal system but are also so elementary. In

doing so, the respondents could not have but acted in evident bad faith and contempt of this
courts jurisdiction, the petitioners added.
Albay Rep. Edcel Lagman also filed a petition asking for the exhumation of Marcos remains.
Lagman said the courts decision is not yet final and executory.