MARCOS SHOULD NOT HAVE BEEN GIVEN A HERO'S BURIAL

By Bayawanon

Under the rules of statutory construction. a Municipal Law would always reign supreme over International Law if there is a conflict between the two.
It is very clear that if the provisions of the International Law on Human Rights shall be followed which the then Philippine dictator Ferdinand Augustus Edralin Marcos, Sr. had violated then the same would not be given a hero's burial since he would then be classified as a human rights violator and not a hero.

Under the Armed Forces of the Philippines (AFP) Regulation G-161-373, the then strongman Marcos is qualified to be given a hero's burial since he met all of the qualifications like being a former head of state, a medal of and valor awardee and a former soldier, but does he has any of the disqualifications?

Basing on the facts given, there would be a legal issue that we would tackle here, and the issue is this ... is there a conflict between International Law and Municipal Law in this case at hand? My answer would then be in the negative since there is no conflict between both International and Municipal Laws in this regard since the AFP Regulation G-161-373 would not be considered as a law but only a mere military regulation. For the same regulation to be given a TEETH it should have passed both the two chambers of congress (House of Senate and House of Representatives) and became a law for it to be considered as one.

For this reason there is no conflict between both International and Municipal Laws here, since in the first place the subject military regulation by the Armed Forces of the Philippines would not be considered a law in this regard, and it is very clear like the sun rises in the east and sets in the west that the former deposed national leader had committed atrocities against the people against the International Law on Human Rights.

Because the subject military regulation of the Armed Forces of the Philippines would not be considered a statute and under International Law on Human Rights it is but fitting that any dictator, strongman or human rights violator should not be given a hero's burial for the same would constitute a mockery of justice.
As to the issue on whether or not he was not dishonorably discharged as a soldier, my answer is in the AFFIRMATIVE since as a former president he was the commander in chief of the Armed Forces of the Philippines, thus technically he was a soldier during the time that he was taken out of power by the sovereign Filipino in EDSA sometimes on January, 1986 and such a happening would even be considered MORE THAN a dishonorable discharge from military service.

By virtue of the foregoing premises, it is my humble view that Ferdinand Augustus Edralin Marcos, Sr. is ineligible to be buried at the Libingan ng mga Bayani for he does not deserved the honor of being a hero since giving a hero's burial to the undeserved would mean an affront and insult the the human rights victims in particular and to JUSTICE in general.