marcos, kleptocracy, moral turpitude

14 August 2016

indeed, as president duterte declares, there is no law that expressly names and bans ferdinand marcos from burial in the libingan ng mga bayani.

however, AFPR G 161 374, the AFP’s implementing rules and regulations for Republic Act 289 (that created the national pantheon), is said to very clearly state:

The remains of the following shall not be interred in the Libingan ng mga Bayani:

Personnel who were dishonorably separated/reverted/discharged from the service.

Authorized personnel who were convicted by final judgment of the offense involving moral turpitude.

i submit, mr. president, that the dictator marcos meets both criteria easily and unequivocably.

dishonorably separated/reverted/discharged from the service:  in 1986, for sins too many to mention here, marcos was ousted by the direct actions of great numbers of people in a huge non-violent 10-day protest (six days crony boycott, 4 days EDSA) never before seen in the world.  take note, please, that marcos was so freaked out, he voluntarily left the palace, the seat of power, in effect dishonorably discharging himself from his post as president and commander-in-chief of the armed forces at the people’s behest.

(the story that bongbong and imelda peddle, by the way, that they only meant to go to paoay but were “kidnapped” by the americans and brought to hawaii instead, even if true, is no excuse — it was their mistake, trusting the americans rather than the loyalist pilots of presidential choppers who had been on standby from 10 a.m. of EDSA monday, the day before his tuesday night escape from the wrath of the people.)

convicted by final judgment of offense involving moral turpitude:  may i refer you, sir, to the supreme court’s final decision dated july 2003 (G.R. No. 152154), Republic of the Philippines vs. … Ferdinand E. Marcos (Represented by his Estate/Heirs: Imelda R. Marcos, Maria Imelda [Imee] Marcos-Manotoc, Ferdinand R; Marcos, Jr. and Irene Marcos-Araneta) and Imelda Romualdez Marcos, respondents, in the ill-gotten wealth case involving the aggregate amount of $658,175,373.60 (inclusive of interest as of january 31, 2002) held by five account groups using various foreign foundations in certain swiss banks.

the PCGG showed in detail, very clearly and overwhelmingly

… how both respondents clandestinely stashed away the countrys wealth to Switzerland and hid the same under layers upon layers of foundations and other corporate entities to prevent its detection. Through their dummies/nominees, fronts or agents who formed those foundations or corporate entities, they opened and maintained numerous bank accounts….

…On the part of Mrs. Marcos, she claimed that the funds were lawfully acquired. However, she failed to particularly state the ultimate facts surrounding the lawful manner or mode of acquisition of the subject funds. Simply put, she merely stated in her answer with the other respondents that the funds were lawfully acquired without detailing how exactly these funds were supposedly acquired legally by them. Even in this case before us, her assertion that the funds were lawfully acquired remains bare and unaccompanied by any factual support which can prove, by the presentation of evidence at a hearing, that indeed the funds were acquired legitimately by the Marcos family.

… In the guise of reporting income using the cash method under Section 38 of the National Internal Revenue Code, FM made it appear that he had an extremely profitable legal practice before he became a President (FM being barred by law from practicing his law profession during his entire presidency) and that, incredibly, he was still receiving payments almost 20 years after. The only problem is that in his Balance Sheet attached to his 1965 ITR immediately preceeding his ascendancy to the presidency he did not show any Receivables from client at all, much less the P10,65-M that he decided to later recognize as income. There are no documents showing any withholding tax certificates. Likewise, there is nothing on record that will show any known Marcos client as he has no known law office. As previously stated, his networth was a mere P120,000.00 in December, 1965. The joint income tax returns of FM and Imelda cannot, therefore, conceal the skeletons of their kleptocracy.

sabi nga ni senator rene saguisag:

No doubt Macoy was a criminal genius.

He opened his secret bank account in Switzerland in 1968.

The Supreme Court ruled him a kleptocrat on July 15, 2003 and ordered the Marcoses to return billions. Done.

He had political foes detained, Ninoy, Pepe, Soc, Monching, et al. Only Ninoy was charged, after years of detention.

He destroyed the natural evolution of leaders and many young leaders were killed in the flower of their youth.

75,000 claims of human rights victims are now being processed.

The world hailed his ouster in 1986.

He was super-exec, super-court, super-legislature and a one-man continuing constitutional convention.

Which other Pinoy President does the world see in such light?

No one comes close.

and may i add, contrary to the marcos camp’s online propaganda that marcos himself was the true hero of EDSA because he restrained his loyalist soldiers from firing on the throngs of unarmed civilians, in fact marcos gave the kill-order twice.  on sunday through army general josephus ramas to marine general artemio tadiar whose tanks were ordered to “Ram through!” the crowds gathered in the EDSA-ortigas intersection so that the soldiers could get close enough to eliminate rebel leaders enrile and ramos and RAM; this was between 2 and 3 p.m., just as enrile was leaving camp aguinaldo and crossing EDSA to consolidate forces with ramos in camp crame.  unfortunately for marcos, tadiar could not bring himself to harm innocent civilians.

the next morning, monday, ramas again, and col. irwin ver, too, relayed marcos’s kill-order to marine lt. col. braulio balbas whose troops had breached the libis barricades and made it into camp aguinaldo; looking down from the high ground of aguinaldo’s golf course, balbas had awesome firepower “boresighted” on camp crame, just 200 meters away: 3 howitzers, 28 mortars, 6 rocket launchers, 6 machine guns, and 1000 rifles.  balbas defied repeated orders to fire even when his commander, gen. tadiar, confirmed that the orders were from marcos himself.

my sources are unimpeachable:  the historian alfred mccoy and his team’s account is based on interviews with rebel and loyalist soldiers after EDSA, published in two parts by Veritas in october 1986.  and cecilio arillo, the military journalist identified with enrile who was in the camps and told it as he saw it in the book Breakaway (May 1986).

if all of the above do not qualify as moral turpitude upon moral turpitude upon moral turpitude, mr. president, then, pray tell, what does?

13 Responses to marcos, kleptocracy, moral turpitude

  1. August 15, 2016 at 9:42 am
    GabbyD

    totally agree.

  2. August 15, 2016 at 11:41 am

    Oscar Franklin Tan: WHY is it so tempting for so many of us to categorize this as a legal issue instead of a political decision a majority of Filipinos must support? WHY do you think that it falls to lawyers to tell you if marcos should be buried in liibingan?

    http://opinion.inquirer.net/96514/is-marcos-libingan-ng-mga-bayani-burial-legal

  3. August 15, 2016 at 12:35 pm

    AMELIA H.C. YLAGAN : Marcos and his family were in voluntary exile in the US for three years, until he passed away in 1989.

    Asylum for a deposed dictator can only mean admission of wrong-doing. Flight is guilt, it is said. Marcos, an extremely intelligent man (Philippine Bar qualifying exams grade: an unprecedented, never equaled 98.01%) knew it was over for him. White flag up — surrender.

    …About P170 billion of ill-gotten wealth (assets, monies, and properties) had already been recovered by the PCGG and the country is still trying to recover millions, if not billions, more (InterAksyon, op. cit. 08.09.2016). Concurring with Mel Sta. Maria: “this theft can be considered the grandest larceny in Philippine history” (Ibid.) — indeed, how can anyone say there was no crime committed against the Filipino people?

    … In 1995, 10,000 Filipinos victims/surviving relatives won a US class-suit claim on the estate of Ferdinand Marcos for torture, execution, and disappearances during Martial Law (The Scotsman/Wikipedia retrieved -11-19. 2007). Historian Alfred McCoy cites 3,257 extrajudicial killings, 35,000 torture victims, and 70,000 incarcerated during the Marcos years (“Closer than Brothers: Manhood at the Philippine Military Academy” and “Dark Legacy”). The newspaper Bulatlat places the number of victims of arbitrary arrest and detention at 120,000 (indybay.org 10.95.2007). Former Navy Captain Dan Vizmanos, activist/protester in martial law laments how former activists seem to now have “acute amnesia” about the crimes in the 20-year reign of the Marcoses (InterAksyon 09.21.2013)

    … With campaign promises not meant to be broken, one wonders what would be the operating parameters within which to make these promises happen? Like the runaway statistics on extrajudicial killings justified in the obsessive anti-drug campaign: how come no due process is deigned on the rubber-slippered homeless, the hundreds suspected to be drug pushers, and killed at sight by police empowered by immunity from suits? They are guilty before proven innocent. And here is Marcos to be buried at the Libingan ng mga Bayani: presumed innocent in the absence of a tight legal conviction….on a date as proximate as possible to the anniversary of his declaration of Martial Law on Sept. 21, 1972.

    http://www.bworldonline.com/content.php?section=Opinion&title=a-heroes&8217-cemetery-and-martial-law&id=131883

  4. August 15, 2016 at 1:04 pm

    ANTONIO MONTALVAN II : Marcos the Corpse has already been buried. He now lies still—pun intended. He needs a burial no more. It is just all necropolitics. It is time we disabused ourselves of the canard that the body one sees in Batac is that of Marcos.

    http://opinion.inquirer.net/96516/no-refrigerated-crypt

  5. August 15, 2016 at 2:28 pm
    manuelbuencamino

    From the psychological profile presented by Dr Natividad Dayan at the annulment proceedings of du30 and wife

    “As it is, he has poor capacity for objective judgment. He fails to see things in the light of facts, or at least from the point of view of most people. He interprets his actions solely from his own viewpoint, which is blemished by his personal needs, biases and prejudices.”

  6. August 15, 2016 at 3:02 pm
  7. August 16, 2016 at 11:49 am

    “No time like the present” by Rachel AG Reyes
    http://www.manilatimes.net/no-time-like-the-present/280177/

  8. August 19, 2016 at 5:28 pm
    manuelbuencamino

    E ano naman masasabi niyo sa pareng ito? http://thestandard.com.ph/opinion/columns/pens-es-by-fr-ranhilio-aquino/213050/marcos-should-be-buried-at-the-libingan.html

    Anyway Du30 said, “boorial” so hindi problema ang burial :-D

    • August 21, 2016 at 6:23 pm

      can’t stand him, an academic yet, can’t believe he’s from san beda, tipong nagpapapansin,’no? … ang dinig ko, byurial, pero puwede rin ngang boorial, heh

  9. August 22, 2016 at 12:48 pm

    ah, the argument pala against the AFP disqualification rules is that the president as commander-in-chief can change it any time. well, the president hasn’t changed it.
    http://opinion.inquirer.net/96685/can-etta-barry-block-marcos-burial

  10. October 10, 2016 at 12:13 am
    Student

    In the case of Supreme Court’s final decision dated July 2003 (G.R. No. 152154), Republic of the Philippines vs. … Ferdinand E. Marcos held by five account groups using various foreign foundations in certain Swiss banks. – the SC Concluded that “In sum, the evidence offered for summary judgment of the case did not prove that the money in the Swiss Banks belonged to the Marcos spouses because no legal proof exists in the record as to the ownership by the Marcoses of the funds in escrow from the Swiss Banks.”

    So technically, He won the case.

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