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Ocampo v. Enriquez
G.R. No. 225973
November 8, 2016
Facts
Issues
PROCEDURAL
NO. The Court agrees with the OSG that Pres. Dutertes decision to
have the remains of Marcos interred at the LNMB involves a political
question that is not a justiciable controversy. It is also under the
Constitution and EO 292 (Admin Code of 1987) to allow the interment in
LNMB which is a land of public domain devoted for national military
cemetery and military shrine purposes. It is based on his wisdom that it
shall promote national healing and forgiveness. It is outside the ambit of
judicial review.
Even though there are exceptions that would warrant a direct resort to the
Supreme Court under exceptional cases, the petitioners cannot brush
aside the doctrine of Hierarchy of Courts that requires such petitions to be
filed first with the proper RTC which are not only trier of facts but can also
resolve questions of law in the exercise of its original and concurrent
jurisdiction over petitions for certiorari, prohibition and mandamus, and
has the power to issue restraining order and injunction when proven
necessary.
Art. XIV: Sec. 3(2) reliance in this provision is misplaced it refers to duty
of educational institutions to teach values of nationalism and patriotism
and respect for human rights
Art. XI: Sec. 1 not self-executory but RA 6713 (Code of Conduct and
Ethical Standards for Public Officials and Employees), RA 7080 (Penalizing
Plunder), RA9485 (Anti-red Tape Act) was enacted pursuant to this
Art. XVIII: Sec. 26 transitory provision and freeze order to recover ill-
gotten wealth RA 289 authorized the construction of a National Pantheon
as a burial place for Presidents, National Heroes, and Patriots for the
perpetuation of the memory and for the inspiration and emulation of this
generation and of generations still unborn. Petitioners failed to provide
legal and historical bases that LNMB and National Pantheon is one and the
same. LNMB is distinct from the burial place envisioned in RA 289. The
National Pantheon does not exist at present. Also to apply the standard
that LNMB is reserved only for the decent and brave or hero, it will put
into question all the mortal remains therein. The name of LNMB is a
misnomer, interment of Marcos remain does not confer upon him the
status of a hero.
National Shrines are governed by NHCP, military shrines are not. They are
governed by PVAO of DND. LNMB is a military shrine.
Marcos does not have any disqualification. He was not convicted of moral
turpitude nor dishonourably discharged.
In sum, there is no clear constitutional or legal basis to hold that there was
grave abuse of discretion which would justify the Court to interpose its
authority to check and override an act entrusted to the judgment of
another branch. The President through respondents acted within the
bounds of law and jurisprudence. The Court must uphold what is legal and
just and that is not to deny Marcos of his rightful place in LNMB
Counter Argument
A Greek philosopher was walking along one day, thinking about things,
when he saw two very tall women towering away in the distance; they
were the size of several men placed one on top of another. The
philosopher, as wise as he was fearful, ran to hide behind some bushes,
intending to listen to their conversation. The huge women came and sat
nearby, but before they could start speaking the King's youngest son
appeared. He was bleeding from one ear and shouted pleadingly towards
the women:
-"Justice! I want justice! That villain cut my ear!"
He pointed to another boy, his younger brother, who arrived wielding a
bloody sword.
"We will be delighted to give you justice, young Prince," replied the two
women,
"That's why we are the goddesses of justice. Just choose which of the two
of us you would prefer to help you."
"I," said one of the goddesses, who looked the more weak and delicate,
"will ask your brother what was the cause of his action, and I will listen to
his explanation. Then I will oblige him to protect your other ear with his
life, and to make you the most beautiful helmet to cover your scar and to
be your ears when you need it."
"I, for my part," said the other goddess" will not let him go unpunished for
his action. I will punish him with a hundred lashes and one year of
imprisonment, and he must compensate you for your pain with a
thousand gold coins. And I will give you the sword and you can do as you
please. Well, what is your decision? Who do you want to apply justice for
the offense?"
The Prince looked at the two goddesses. Then he put his hand to the
wound, and on touching it his face gave a gesture of undeniable pain,
which ended with a look of anger and affection for his brother. And in a
firm voice, addressing the second of the goddesses he gave his answer.
"I'd rather it was you who helps me. I love him, but it would be unfair if my
brother doesn't receive his punishment."
And so, from his hiding place in the bushes, the philosopher saw the
culprit get his comeuppance, and watched how the older brother was very
content to cut the ear of the younger brother.
A while passed and the Princes had left, both without an ear, and the
philosopher was still in hiding when the least expected thing happened. In
front of his eyes, the second of the goddesses changed her clothes and
took her true form. She wasn't a goddess at all, but the powerful Aries, the
god of war. Aries bid goodbye to his companion, with a mischievous smile:
"I've done it again, dear Themis. Mankind, can barely distinguish between
your righteousness and my revenge. Bwahahaha! I will prepare my
weapons, a new war between brothers is approaching ... ha, ha, ha, ha."
When Aries had left and the philosopher was trying to quietly make off,
the goddess spoke aloud:
"Tell me, good philosopher, would you have known how to choose
correctly? Did you know how to distinguish between the past and the
future?"
Ladies and gentlemen of the jury, true justice lies in improving the future,
moving it away from past wrongs.
We will never forget the Martial Law because and that is something that
we could not change. The nation will forever be traumatized by the word
Martial Law and the nation will forever despise the name Marcos, but
how long are we going to keep this grudge? How long are we going to
harbour hatred? We, as a nation, have come a long way since the First
EDSA Revolution. We managed to pick up the pieces of our broken country
and become the free country we are today. But are we truly freed?
Is it not the highest form of liberty to finally let go of all the pain and hurt?
Ladies and gentlemen of the bar, which goddess gives the better option?
The second goddess who in the guise of fairness gives an option for
vengeance so you and your brother lack an ear? Or the first goddess who
looks to the future, making sure that no further damage would be done?