CASE 2016-0079: THE CASE ON MARCOS BURIAL AT LIBINGAN NG MGA BAYANI  (G.R. NO. 225973 AND RELATED CASES)  (08 NOV 2016, PERALTA, J.)

 

DISPOSITIVE:

 

“WHEREFORE, PREMISES CONSIDERED, the petit10ns are DISMISSED. Necessarily, the Status Quo Ante Order is hereby LIFTED.”


SUBJECTS/DOCTRINES/DIGEST:

 

“Conclusion

 

In sum, there is no clear constitutional or legal basis to hold that there was a grave abuse of discretion amounting to lack or excess of jurisdiction which would justify the Court to interpose its authority to check and override an act entrusted to the judgment of another branch. Truly, the President’s discretion is not totally unfettered. “Discretion is not a freespirited stallion that runs and roams wherever it pleases but is reined in to keep it from straying. In its classic formulation, ‘discretion is not unconfined and vagrant’ but ‘canalized within banks that keep it from overflowing.”‘186 At bar, President Duterte, through the public respondents, acted within the bounds of the law and jurisprudence. Notwithstanding the call of human rights advocates, the Court must uphold what is legal and just. And that is not to deny Marcos of his rightful place at the LNMB. For even the Framers of our Constitution intend that full respect for human rights is available at any stage of a person’s development, from the time he or she becomes a person to the time he or she leaves this earth.

 

There are certain things that are better left for history -not this Court -to adjudge. The Court could only do so much in accordance with the clearly established rules and principles. Beyond that, it is ultimately for the people themselves, as the sovereign, to decide, a task that may require the better perspective that the passage of time provides. In the meantime, the country must move on and let this issue rest.”

 

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 scd-2016-0079-saturnino-c-ocampo-et-al

 

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