CHR STATEMENT ON THE SUPREME COURT DECISION REGARDING THE
BURIAL OF THE REMAINS OF FERDINAND E. MARCOS AT THE LIBINGAN NG
MGA BAYANI
The Supreme Court has decided. The pursuit of justice, human rights and rule of law continues.
In the Memorandum submitted by the Commission on Human Rights to the Honorable Supreme Court last 02 September 2016, the Commission made clear its position that it strongly believes the burial of the remains of former President Ferdinand E. Marcos at the Libingan ng mga Bayani would be patently unlawful as it contravenes the human rights obligation enshrined both in the Philippine Constitution as well as in international law. [1]
The Commission affirms that the right to an effective remedy of human rights victims, expressly recognized under Section 2 of Republic Act No. 10368—particularly the State’s moral and legal obligation to provide both reparation and recognition to the victims of human rights violations during Martial Law, [2] must continue to be fulfilled even with this decision. This necessarily includes the non-monetary and symbolic aspects to reparation that is consistent with its full understanding and application in all countries pursuing transitional justice mechanisms.
The Commission acknowledges the Honorable Supreme Court’s considered decision to resolve the specific controversy that had been brought to it with the majority having opted to lean on this matter in favor of executive discretion—we nonetheless affirm that the same does not and cannot erase the uncontroverted fact of impunity for human rights violations committed during Martial Law that continues to demand justice, as has also been previously adjudicated and resolved with finality by the Honorable Supreme Court itself in numerous cases. The Commission believes that the Filipino people shall remain steadfast in asserting all their fundamental rights and they will demand that freedom, rule of law, and democracy must be protected and guaranteed at all times. These constitutional values will constitute the same bonds that keep us together as a people and as a nation, as we press on in pursuing the ideals of the people power revolution that restored our democracy, the very fabric that shall keep society whole. [3]
[1] Memorandum of the Commission on Human Rights submitted to the Supreme Court dated September 2, 2016.
[2] Ibid.
[3] Ibid.
Contact Person:
Atty. Jacqueline Ann C. de Guia
OIC, Public Affairs and Strategic Communications Office
Telephone No: (02) 528-5792 / 09175919833
Email address: comms.chr@gmail.com