Republic of the Philippines )

City of Manila
) S.S
PETITION FOR INJUNCTION
OF
THE BURIAL OF PRESIDENT FERDINAND E. MARCOS AT THE LIBINGAN
NG MGA BAYANI
PETITION
Plaintiff, through counsel alleges:
1. Petitioner Cynthia Patag, of legal age and a resident of Metro Manila,
Philippines.
2. Respondent, Salvador Medialdea, the Executive Secretary of the
Philippines, holding office at the Malacaang Palace, where he may be
served with summons and other court processes.
3. Respondent, Delfin Lorenzana, Secretary of the Department of
Defense of Philippines, holding office at the Segundo Avenue, Camp
General Emilio Aguinaldo, EDSA corner Colonel Bonny Serrano,
Quezon City, Metro Manila, where he may be served with summons
and other court processes.
4. Respondent, Admiral Ernersto C. Enriquez, Deputy Chief of Staff for
Reservist and Retiree Affairs, Armed Forces of the Philippines, holding
office at the Armed Forces of the Philippines Command and General
Staff, College Camp General Emilio Aguinaldo, EDSA corner Colonel
Bonny Serrano, Quezon City, Metro Manila, where he may be served
with summons and other court processes.
5. Respondent, General Ricardo R. Visaya, Chief of Staff, Armed Forces
of the Philippines, holding office at the Armed Forces of the Philippines
Command and General Staff, College Camp General Emilio Aguinaldo,
EDSA corner Colonel Bonny Serrano, Quezon City, Metro Manila,
where he may be served with summons and other court processes.
6. Respondents, the Heirs of Ferdinand E. Marcos, represented by
Imelda Romualdez Marcos, widow and residing in Metro Manila
Philippines, where they may be served with summons and other court
processes.
7. On 07 August 2016, the president of the Republic of the Philippines,
Rodrigo Roa Duterte through a memorandum order gave the order to
begin preparations, authorize and undertake the burial of former

President Ferdinand Edralin Marcos (MARCOS) at the Libingan ng

mga Bayani (LNMB) on 18 September 20161.
8. That the burial of Marcos is in violation of Section 1 of Republic Act
No. 289, otherwise known as An Act Providing for the Construction of
a National Pantheon for Presidents of the Philippines, National Heroes
and Patriots of the Country which explicitly states: To perpetuate the
memory of all the Presidents of the Philippines, national heroes and
patriots for the inspiration and emulation of this generation and of
generations still unborn, there shall be constructed a National
Pantheon which shall be the burial place of their mortal remains. 2
9. That insofar as the law states that the LNMB is meant to perpetuate
the memory of all the Presidents of the Philippines and yet not all
presidents are buried therein.3
10. That the said part of the section may be construed as merely directory
and not mandatory, refuting the claim that Marcos by virtue of being
the former president of the Philippines is absolutely entitled to burial
therein.
11. That insofar as that the law states that the purpose of the creation of
LNMB is to perpetuate national heroes and patriots and that
there are serious questions and doubts as to whether Marcos can be
considered as a national hero.4
12. That insofar as the law states that the LNMB is for the inspiration and
emulation of this generation and of generations still unborn 5 and
that the presidency of Marcos is a period well-known for the
proliferation of human rights violations, extrajudicial killings,
widespread corruption in government, wanton exercise of tyrannical
powers and discretion, and thus, is hardly a model for emulation and
inspiration for the Filipino people.
13. That the authoritative research and documentary evidence collated by
the National Historical Commission of the Philippines, which is
designated by law to be the primary authority on Philippine history,
precludes the denial of the abuses committed during the Marcos
Regime.6
14. That the relevant implementing rule of the AFP, AFPR G 161 374,
regarding the qualifications of those who may be buried in the LNMB
provides that
1 Hegina, A. J. (2016, August 14). Palace: Duterte firm on Marcos burial at Libingan ng mga Bayani.
Philippine Daily Inquirer. Retrieved from http://newsinfo.inquirer.net/806002/palace-duterte-firm-onmarcos-burial-at-libingan-ng-mga-bayani
2 Republic Act No. 289 (1948), Sec. 1.
3 Ibid.
4 Ibid.
5 Ibid.
6 Lopez, V. (2016, August 26). NHCP chair, ex-DILG chief Alunan tapped as resource persons for Marcos
burial oral arguments. GMA News Online. Retrieved 16 August 2016 from
http://www.gmanetwork.com/news/story/579063/news/nation/nhcp-chair-ex-dilg-chief-alunan-tapped-asresource-persons-for-marcos-burial-oral-arguments

The remains of the following shall not be interred in the

Libingan ng mga Bayani: (1) personnel who were dishonorably
separated/reverted/discharged from the service and (2)
authorized personnel who were convicted by final judgment of
the offense involving moral turpitude. 789
15. That Marcos, in his capacity as commanders in chief of the Armed
Forces of the Philippines, was dishonorable separated by the
sovereign will of the People during the 1986 EDSA Revolution. 10
16. That the 1987 Constitution was enacted as a plenary repudiation of the
Marcos regime.
PRAYER
WHEREFORE, premises considered, Petitioner herein respectfully prays
that Honorable Court grant the instant motion and issue an order for
PERMANENT INJUNCTION against the burial of Marcos in the LNMB as
patently illegal, unconstitutional, and a gross insult against the Filipino people.

LOPEZ SALAS
& ASSOCIATES LAW OFFICES
Counsel for the Petitioner
6/F Philippine Law Firm Building, Pasong Tamo Avenue,
Makati City, Philippines
Tel No: 439-1234; 870-0000
Fax No: 892-8210
Submitted by:
Lopez, Roberto Jr.
Napoles, Shanelle T.
Reyes, Kharlo Leeham A.
7 N.A. (2011, June 30). Why not Libingan ng mga Pangulo instead?. ABS-CBN News.
Retrieved 16 August 2016 from http://news.abs-cbn.com/nation/06/30/11/why-notlibingan-ng-mga-pangulo-instead
8 Pascual, F. Jr. (2011, April 24). Trudging back to old haunts and bad habits. The
Philippine Star. Retrieved 7 August 2013 from
http://www.philstar.com:8080/opinion/678581/trudging-back-old-haunts-and-bad-habits
9 Elena, A. (2016, May 27). AFP explains rules for 'Libingan ng mga Bayani. The Manila
Bulletin. Retrieved 16 August 2016 from http://www.mb.com.ph/afp-rules-for-libinganng-mga-bayani/
10 Remitio, R. (2016, September 2). Marcos, 'dishonorably discharged' or not?. CNN
Philippines. Retrieved 16 August 2016 from
http://cnnphilippines.com/news/2016/09/02/marcos-dishonorably-discharged.html

Salas, Oliver A.
Valencia, Paola Ciarra E.
Yap, Gillian Muriel Q.