'SC ruling on Marcos burial based on illegal DND order'
MANILA, Philippines – The Supreme Court ruling upholding the decision of President Rodrigo Duterte to bury the late Philippine dictator Ferdinand Marcos at the Libingan ng mga Bayani was primarily based on an order from the Department of National Defense (DND) that was not even legal in the first place.
This was the latest argument raised by Albay 1st District Representative Edcel Lagman on Tuesday, November 22. He asked the Supreme Court to exhume Marcos' remains from the Heroes' Cemetery.
Lagman emailed media organizations a document certifying that AFP regulations G 161-375 dated September 11, 2002 was not filed with the Office of the National Administrative Register (ONAR).
The order issued by the DND defines who are qualified to be interred at the Libingan. (A copy of the DND order is embedded here.)
"Prevailing jurisprudence underscores the absence of efficacy of administrative rules not registered with the ONAR. Since said AFP Regulation governing burials at the Libingan ng mga Bayani is not filed with the ONAR, no rights, privileges and obligations have accrued from said issuance or regulations," said Lagman.
"Consequently, there is no law or issuance which qualifies Marcos to be interred in the Libingan ng mga Bayani," he added. – Rappler.com