By: Elena Grace Flores
But for University of Santo Tomas Law Dean Nilo Divina — from his legal perspective, there is nothing in Philippine Law that prohibits Marcos from being buried at the heroes’ cemetery. “There is no prohibition from the legal perspective and because there’s no prohibition, it can be allowed,” Divina told CNN Philippines.
Divina added that; the idea of “moral turpitude” — which human rights advocates and martial law victims raise — cannot hold ground.
Divina explained that the Armed Forces of the Philippines’ regulation on allocation of plots at the Libingan ng mga Bayani, only prohibits those convicted of a criminal offense but Marcos never had such conviction. The specific decisions of the Hawaii court, Swiss court, and Supreme Court involve a civil case.
“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 further.
Since it will be too late for the human rights victims and their kin to question Duterte’s decision on Marcos’ burial, the victims may get an injunction before the Supreme Court. Moral turpitude is so broad that the petitioners could argue that Marcos’ offenses fall under it but sad to say for them that the president is insensitive to their sentiments and looks like nothing can stop his commitment to Bongbong Marcos.