B.

FERDINAND MARCOS WAS, IN LIFE, A PRESIDENT, COMMANDER-IN-CHIEF,

RETIRED VETERAN AND MEDAL OF VALOR AWARDEE. THUS, HE MAY BE
INTERRED AT THE LIBINGAN PURSUANT TO AFP REGULATIONS G 161-375

AFP Regulations G 161-375 issued on 11 September 2000

Issued by the Defense Secretary, provides who may be buried at the Libingan.
Following qualifications of former President Marcos under the said regulation in
order to be interred at the Libingan:
a.) Medal of Valor Awardee
b.)
Presidents or Commander-in-Chief, AFP
c.)
Retired Military Personnel
d.)
Veteran of WWII
e.)
Statesmen
f.)
Former President
AFP Regulations 6 161-374 issued on 27 March 1998

Special Orders No. 68 dated 25 September 1962, Special Orders No. 264 dated 11
June 1963, General Orders No. 265 dated 19 May 1964
Promoted former pres. Marcos to Colonel and remained listed as Colonel.

Republic Act No. 6948 as amended by Republic Act No.7696

P5,000.00 pension as of surviving spouse of deceased or retired veteran.

General Orders No. 167 dated 16 October 1968

- Medal of Valor awarded to former Pres. Marcos

Republic Act No. 289

- National Pantheon is not the Libingan in which former Pres. Marcos is to be
interred.
Pursuant to the authority of the President under the Administrative Code, who may
be buried in the Libingan lies under the sole discretion of the President.
Marcos v. Maglapus In re: Estate of Marcos, Hilao v. Marcos, Executive Order No. 1
and Republic Act No. 10368
- Do not affect the discretion of Pres. Duterte to determine who will be buried at the
Libingan.

C. FORMER PRESIDENT MARCOS, PRIOR TO HIS DEATH, POSSESSED NONE OF

THE DISQUALIFICATIONS FROM BEING INTERRED AT THE LIBINGAN AS
STATED IN AFP REGULATIONS G 161-375

Republic Act No. 6948 as amended by Republic Act No.7696

- Express recognition of former Pres. Marcos as retired veteran

A veteran is defined as any person who rendered military service in the land, sea
or air forces of the Philippines during the revolution against Spain, the PhilippineAmerican War, World War II, including Filipino citizens who served in Allied
Forces in the Philippine territory and foreign nationals who served in Philippine
forces, the Korean Campaign, the Vietnam Campaign, the Anti-Dissidence
Campaign, or other wars and military campaigns; or who rendered military
service in the Armed Forces of the Philippines and has been honorably discharged
or separated after at least six (6) years total cumulative active service, or sooner
separated due to death or disability arising from a wound or injury received or
sickness or disease incurred in line of duty while in the active service.

Circular 17, Series of 1987 of the Armed Forces of the Philippine entitled
Administrative Discharge Prior to Expiration of Terms of Enlistment
- prescribes the policies and standards and establishes procedures and guidance
whereby the AFP Chief of Staff, Commanders of Major Services and other
Commanders acting for and by the direction of the AFP Chief of Staff, may order
the discharge of Enlisted Personnel prior to the expiration of their term of
enlistment.

In re: Estate of Ferdinand Marcos Human Rights Litigation (MDL No. 840) the US
Court of Appeals, 9th Circuit Ruling in Celsa Hilao et al v. Estate of Ferdinand
Marcos (C.A. 86-0390) , Swiss Case of Federal Office for Police Matters v.
Aguamina Corp
- foreign jurisprudence have no bearing in the instant case
Alien Tort Claims Act. 28 US Code 1350 of USA against the Estate of Ferdinand
Marcos
- The Hawaii District Court found plaintiffs therein entitled to compensatory and
exemplary damages.
- Imposed no further sanctions much less touched upon his burial arrangements
However, it should be noted that moral turpitude is a criminal law concept
presupposing a conviction of crime, and thus, it cannot be established in the abovecited civil cases referred to by Petitioners.

AFP Regulations G 161-375

- Disqualifications therein apply only to military personnel---or officers, enlisted
personnel, draftees and trainees in the service of the armed forces.
- Presidents and Commander-in-Chief are not mere military personnel subject to the
foregoing disqualifications.

AFP Regulations G 161-373 dated 9 April 1968

- Lists president and commander-in-chief without qualification, as authorized for
internment at the Libingan.

D. THE RECOGNITION AND REPARATION OF HUMAN RIGHTS VIOLATIONS

VICTIMS UNDER REPUBLIC ACT NO. 10368 WOULD NOT BE IMPAIRED BY THE
INTERMENT OF FORMER PRESIDENT MARCOS IN THE LIBINGAN NG MGA
BAYANI.

Republic Act No. 10368

- The implementation of the Act has no connection with the internment of former
Pres. Marcos, causal or remote, in the Libingan.

E. THE INTERMENT OF THE REMAINS OF FORMER PRESIDENT FERDINAND

MARCOS IS NOT CONTRARY TO PUBLIC POLICY.

Section 1 of Republic Act No. 289

- No violation or run afoul of the alleged purpose of the construction of a National
Pantheon
Said internment is in accordance with the powers of the President and his
subordinate agencies under the Constitution and the Administrative Code.