SENATE President Aquilino Pimentel III has filed a bill that seeks to set aside the land within the Libingan ng mga Bayani where Filipinos of historical interest, such as presidents, statesmen, dignitaries, and national artists and scientists are interred, in a cemetery separate from the remains of those who served in the military.
This cemetery will be called the Libingan ng mga Makasaysayang Pilipino.
If passed into law, it will preserve the LNMB as a military memorial consistent with the purpose intended for it when it was established in 1947 as the Republic Memorial Cemetery.
The Republic Memorial Cemetery was renamed the Libingan ng mga Bayani in 1954 through Proclamation No. 86 of then-President Ramon Magsaysay.
In 1948, a year after the establishment of the LNMB, Republic Act 248 mandated the construction of a National Pantheon where remains of all presidents of the Philippines, national heroes, and patriots would be interred to perpetuate their memory for the inspiration and emulation of generations of Filipinos.
In the bill’s introduction, Pimentel explained that, “since no new National Pantheon was constructed pursuant to the said law, LNMB served as the National Pantheon envisioned under the law to be the burial place of the mortal remains of all the presidents of the Philippines, national heroes, and patriots.”
Pimentel said that this is the reason AFP Regulation G 161-375 included Filipinos of historical interest and others to be interred in the LNMB alongside the remains of those with military service.
The government’s top lawyer, meanwhile, said there was nothing illegal about the burial of strongman Ferdinand Marcos in the LNMB on Friday, even though the case questioning the move was still pending at the Supreme Court.
Solicitor General Jose Calida disputed the argument of Albay Rep. Edcel Lagman and other petitioners in the SC case that the burial was an act of contempt of court since they have yet to file an appeal and that the decision is not yet final and executory.
He said the Court ruling allowing Marcos’ burial was immediately executory.
“As a result of the dismissal of the petitions, there was no further hindrance for the respondents to proceed with the burial of Ferdinand Marcos’ remains at LNMB,” he said in a text message.
He added that he believed Lagman’s plan to ask the Court to find the government in contempt and to order it to exhume the remains of Marcos would not prosper.
“Representative Lagman and other lawyer-critics should brush up first their knowledge on recent jurisprudence regarding the effect of lifting of status quo ante orders in certiorari cases before they bash the respondents in media,” he said.
The chief state counsel also said he does not see the Court reversing its ruling on the matter, citing the clear margin in the 9-5 voting of the justices.
Lagman reportedly said the petitioners plan to file their appeals on the deadline on Nov.28.
After the burial last Friday, the petitioners said they would ask the SC to cite the Armed Forces and the Defense department in contempt for allowing the burial pending finality of the ruling. A massive protest against the burial is also being organized this Friday, November 25.
The Palace said Sunday that anti-Marcos protesters can exercise their freedom to assemble at the Edsa Shrine to protest the burial.
Communications Secretary Martin Andanar said this was their constitutional right.
He also said it was the right of the protesters to file cases in court.
Earlier, Andanar called protesters “temperamental brats” but issued an apology after coming under
National Union of People’s Lawyers said the burial set a bad precedent as other parties may now consider court decisions executory without waiting for the mandatory 15-day period for the filing of motions for reconsideration.