I.

D number: 12-1-00995
Course/Subject: JD 111 (Legal Philosophy)
Submitted on: August 22, 2016.

There is a current controversy about the burial of former president Ferdinand Marcos at the
Libingan Ng Mga Bayani (Libingan). Discuss the question of whether he should be buried or not at
the Libingan from the viewpoint of:
King Creon

King Creon in the book titled Antigone written by Sophocles, is depicted as a ruler who
strongly relies on his own reasoning and his law, rejecting the rules laid by gods and determining them
to be irrational. Pertaining to the issue at bar if we based it on the perspective and ideology of King
Creon it is indubitably under the question of law whether or not former president Ferdinand Marcos
possess the merit to be buried and have not possess the disqualifications which will prevent him from
being buried in the Heroes Cemetery, but despite that the hold for the judgement of the issue is highly
based on the decision of the ruler to which who believes that the laws of men are more important
than those of the gods: [Too many thoughts in one sentence; hard to follow where youre
coming from and where youre going. Learn to write simply, clearly, and directly to make sure
youre understood.]
'Whomsoever the city may appoint, that man must be obeyed, in little things and great...
disobedience is the worst of evils... therefore we must support the cause of order. As state.
And,
Antigone: Nevertheless, there are honors due all the dead.
Creon: But not the same for the wicked as for the just.
This statements of Creon represents a ruler firm to his law and strict in its compliance may it be
friends or relatives by blood. Kings Creon decision in forbidding the burial of Polyneices and his
decision in establishing order to which he believe is the most important thing that he can do right
now. And in order to do that, he needs to strictly enforce all commands that he has given, even if
it means having his own niece killed for disobedience.
In applying it to the case at bar, history may told us that the late Ferdinand Marcos was a
dictator, a Human rights violator and anything less or nothing as a Hero as it may be the case.
Indubitably King Creon would never allow such person to be given a proper burial for going
against his law, as for the honors of the dead is not the same as for the wicked and as for the just.
King Creons supremacy of the law shall prevail no matter what the people may believe in; The
law may be harsh, but it is still the law.

Antigone

Antigone the tragic hero in the story Antigone who believes that law of the gods prevails
over laws of man. When talking with Creon, Antigone explains her reasons for disobeying him by
saying 'for it was not Zeus that had published me that edict; not such are the laws set among men by
the justice who dwells with the gods below; nor deemed I that thy decrees were of such force, that a
mortal could override the unwritten and unfailing statutes of heaven.
Antigone wanted us to understand that the divine law seeks for a proper burial regardless how
evil or wicked a man maybe, though the precept on where a person should be buried is not covered
under his discussion at the story Antigone,
Marcos was a dictator, a human right violator and a wicked man to some people, but is no less
or more than a man, thus it is fitting that a burial may take place.
On whether or not Marcos should be buried in the Heroes Cemetery. Antigone seeks for
justice and that an unjust law is no law at all, though in the idea of the Divine law to give a man what
is due to what he deserves, burying him at the Heroes Cemetery would be asking too much, a mere
exaggeration for someone who is less or not a hero to some people, especially to those who are victims
in Martial law. Therefore, the answer would be that Marcos should be buried however not in the
Heroes Cemetery for it may be unjust to the majority of the people and would put their struggle in
vain.

Justice Foster of Speluncean

Justice Foster said that This conclusion rests on the proposition that our positive law is
predicated on the possibility of men's coexistence in society. When a situation arises in which the
coexistence of men becomes impossible, then a condition that underlies all of our precedents and
statutes has ceased to exist. When that condition disappears, then it is my opinion that the force of
our positive law disappears with it. We are not accustomed to applying the maxim cessante ratione
legis, cessat et ipsa lex to the whole of our enacted law, but I believe that this is a case where the
maxim should be so applied.
The declaration of Martial law by Marcos was a necessary evil during that time, the executive
vested with him the power to declare martial law was a measure to address threats of the state in our
country. The executive in performing his duties to enact and faithfully execute laws within his
jurisdiction has the direct mandate to do so, he will not be liable or be sued for charges in performance
of his duty. The Phrase, Cessante Ratione Legis, Cesat et ipsa lex when the reason of the law ceases
that law itself ceases will apply as to this case, though history may show to some extent an abuse of
power of authority from the cronies and officials around the country it is not directly shown that
Marcos is the root cause of those abuses.
Therefore, in the application of Cessante Ratione Legis, Cesat et ipsa lex under martial law,
Marcos shouldnt be liable to the acts under the performance of his duty, he is qualified to be buried
in the Heroes Cemetery.

Justice Keen of Speluncean

Justice Keens principle is that people should be reminded that personal grace shouldnt be
applied in interpreting the law and judging the case. One must be given what is due in the measures
of the law, no more and no less. The law should be construed and interpreted away from personal
biases and sentiments, not to favor one from the other as to circumvent and to go away from what is
legally expected.
In the application of Justice Keens principle the issue at bar should be treated far from the
personal biases of each justices, give what is do based on the preponderance of evidence and the
liability of guilt beyond personal doubt. Now the issue at bar is far from the grasp of final judgment,
Justice Keens principle give us the support in aiding how the case should be handled.
Though some final judgements had been rendered on some issues against the Marcoses it is
still not enough and is yet premature to decide the issue at bar, thereby I left the answer to what the
result of the pending cases maybe.

Justice Handy of Speluncean

Justice Handys principle revolves around that the opinion of the masses should be followed
on the judging the issue, the idea is that the majority in most cases is always right. As for the issue at
bar, the crimes and abuses during the martial is prevalent to most regions in the Philippines. Activist
and Anti-Marcoses campaign were formed to stop the burial of the late President Marcos, though this
is a sporadic issue since after the martial law. The answer is apparent in this one, the majoritys opinion
should prevail over the judgment of the case, which is Marcos shouldnt be buried at the Heroes
Cemetery as the majority exclaims.

Frederic Bastiat (The Law)

The law perverted! And the police powers of the state perverted along with it! The law, I say,
not only turned from its proper purpose but made to follow an entirely contrary purpose! The law
become the weapon of every kind of greed! Instead of checking crime, the law itself guilty of the evils
it is supposed to punish! This is the mean principle and the core message in Bastiats work on the
law. [How does he define law, and how does that definition bear upon the issues here?]
In the Issue at bar, Republic Act No. 289 and AFPR G 161 374 is the legal basis to support
the construction of the Heroes cemetery on its purpose and the merit of the qualification to who is
qualified and not qualified to be buried at the site. The formers purpose is create a pantheon to
perpetuate the memory of all the Presidents of the Philippines, national heroes and patriots for the
inspiration and emulation of this generation and of generation still unborn. While, the latter, provides
for, the qualification and prohibition of the burial.
Tackling on the First merit of Republic Act No. 289 on its purpose or legislative intent, it is
very hard to come by in considering Marcos as a hero during this generation made about by his
dictatorial regime and rampant graft, plunder and corruption during this time.
On the AFPR G 161 374; though Marcos may possess the qualifications being a President an ex
officio of the Commander In Chief of the AFP, the prohibitions therein provided by the law is tenable. On
the First Prohibition is the, Personnel dishonorably separated/reverted/discharged from the service, it is
apparent that Marcos regime end with EDSA, it is with merit that he was removed from office during the
revolution. On the Second Prohibition, Personnel being convicted by final judgement of offense involving
moral turpitude, though there are now pending cases for this issue, the result of the cases would
furthermore support the disqualification of Marcos burial at the Heroes Cemetery.
But, if the law is perverted as to that of Bastiats ideology of the perversion of law, where the
purpose is turned, circumvented and punishes the innocent and rewarding the guilty persons, it must
cease to exist for it is inimical to the society, the people and is legally and morally untenable.
Therefore, Marcos should not be buried in the Heroes Cemetery in the matter of due process and
reverence of the law. Otherwise, it will be perverted.
You could earn better grades by writing better and more effectively. You have ideas, but because they
are not clearly and effectively expressed, you dont get as much credit as you deserve. Learn to write
briefly, simply and clearly.
Grade: 70