It must be recalled that then-President Marcos filed a case for libel against a disgruntled soldier who disguised himself as “progressive” but was in fact a notorious lackey of the US, together with former senator Raul Manglapus, for imputing that the medals he earned in World War II were spurious and for denigrating his participation in some of the bloody episodes against the Japanese in World War II. The case was dismissed by reason of his death.
Nonetheless, even before the case was dismissed, the two left for the US to evade the charge. Instead of facing the court to prove there is no malice on their part, the two who claimed to be war veterans opted to flee, giving alibi they would prosecuted by the alleged Marcos-controlled judiciary.
That means that even if Marcos survived to prosecute his criminal complaint against the two cowards, the case could not be prosecuted much that Philippine courts have no jurisdiction over fugitives fleeing to the US and seeking political asylum. Thus, if a case filed by the complainant himself can be dismissed on the ground that death supervened while the case was pending, it is most awkward and illogical for the court to maintain a case against an accused who died or much more to accept the filing of a case against a deceased person.
If at all there are questions about the burial of the late president at the Libingan ng mga Bayani, these should only pertain to the issue of whether he is qualified to be buried there. Specifically, the law involved is Republic Act No. 289 or an act providing for the construction of a national pantheon for presidents of the Philippines, national heroes and patriots of the country. The Rules of Court have nothing to do with the law invoked by the petitioners to justify their opposition, but merely to see to it that court procedures are strictly observed. The court cannot proceed to hear and try a case other than on the qualifications of the deceased president who also distinguished himself as a bemedalled soldier.
In this case, it is not only the petitioners who are downright stupid. Some of the members of the Supreme Court also are. The clowns in the Supreme Court should not have entertained and participated in questioning whether or not the deceased is qualified to be buried there. They can only ask clarificatory questions. These loonies cannot even refute what Marcos has accomplished and achieved for his country because that could no longer be the subject of litigation. Rather, they should demand for a repeal of the law that is being applied to the deceased president. Even then, that could not retroact to affect the honor he earned as former president and soldier.
If those justices have their one cent’s worth of the Rules, they would have dismissed the petition outright much that it raised issues that could no longer be rebutted by a man who has long died. Why put in question the medals he earned for heroism, his injuries while in action, the alleged hidden wealth he amassed, and the claims for compensation by the alleged human rights victims? The case had been closed after the death of Ferdinand Marcos, and neither can that stooge Gillego, who worked for a CIA-operated organization known as “Operation Brotherhood,” claim that Marcos failed to prove his medals. He who alleges should be the one to prove his allegations in court.
For sure, those bigots know that martial law was upheld by the same Supreme Court as constitutional, valid and legal in 1973. That means that those who fought against the government and were arrested pursuant to the declaration cannot now question that fact. Moreover, if there were abuses in the enforcement of martial law, the Supreme Court is not the proper forum as it is not the trier of facts. It is even stupid for Senator Leila de Lima to join as one of the petitioners much that it is the Republic that is being tried, not Marcos. And De Lima claims to have been elected senator.
It was most stupid for those bigoted justices to ask Solicitor General Jose Calida on the issue of compensation. This means they are impugning the integrity of the Court, of which now they are justices. They took turns in exhibiting their shameful ignorance by interrogating Solicitor General Calida to show their deep gratitude to the man who appointed them to their post. Fortunately, Calida knows his law more. He did not present any witness to rebut the testimonies of the mercenary witnesses and lend credibility to the petition.
We are not saying they have no right to lodge a petition. They should have, however, filed it in the proper forum where facts are supposed to be tried, and when the defendant was still around to defend himself. This means that the petitioners and their justices cannot proceed to litigate a dead man for his alleged misdeeds, and then collaterally deny him the honor given him by the Motherland, and exact compensation for a crime which he was not convicted by any court for human rights violation. Common sense should have guided the petitioners and their bigoted consort in the Supreme Court to go after Fidel Ramos and Juan Ponce Enrile, the two being the most trusted enforcers of martial law for which they could rightly accuse as co-principals for the alleged crimes resulting from the imposition of martial law.
Rather, these clowns in robes want to hit two birds with one stone; that if they succeed in preventing the burial of the deceased President at the Libingan ng mga Bayani, that would automatically mean the State is now admitting the guilt of the deceased, and invariably give them a go-signal to rewrite our history in cahoots with the US imperialist and with the greedy oligarchy without them having to win the war. That would be the most outrageous verdict in the annals of humanity, for we have our own Supreme Court sentencing a dead man who died 27 years ago.
In fact, the justices exhibited their complete ignorance of R.A. No. 10368 or an act providing reparation and recognition for the victims of human rights violation during the Marcos regime which was enacted during the administration of the man who anchored his policy on his so-called Tuwid na Daan. Many are questioning that stupid law authored by demagogues because it was in defiance of the Supreme Court decision upholding the constitutionality and validity of martial law and the arrest orders subsequently issued.
They cannot claim that the petition is pursuant to the exercise of their rights as taxpayers, much that it is not an action by one whose income is subjected to charges imposed by the government for the benefit of that individual and others in order to prevent the unlawful diversion of funds. Besides, payment of compensation would partake of an illegal diversion of public funds. That traitorous law implies that our soldiers who died and sacrificed in defending the Republic were nothing more but bunch of “war criminals” who served the “dictatorship,” and the traitors who fought against the government are rewarded and honored as heroes like what they did to put up their questionable Bantayog ng mga Bayani.