Majority of the Supreme Court justices are poised to reject petitions seeking to stop the burial of late president Ferdinand Marcos at the Libingan ng mga Bayant when the court is scheduled to vote on the petitions on Tuesday, according to The Manila Times Online report on Monday.
A well-informed source told The Manila Times that several Supreme Court judges have manifested their intention to uphold President Rodrigo Duterte’s order to allow the burial at INMB, citing that it was the president’s prerogative.
Several justices contend that Marcos may be buried at INMB because there is no law prohibiting it and the order for his internment was issued within the bounds of the President’s authority.
Only seven of the 14 votes are needed to allow Marcos’ burial and this can be easily mustered, said another source. Associate justice Bienvenido Reyes has inhibited himself from the case as he is a close friend and business partner of former president Benigno Qquino III.
The original ponente or writer of the decision was Associate Justice Alfredo Benjamin Caguioa who, $in his draft, granted the petitions and disallowed the burial of Marcos at the LNMK.
Caguioa’s drat was opposed by Associate Justice Diosdado Peralta who, in his draft dissenting opinion, denied the petitions and granted the burial, claiming there was no grave abuse of discretion on the part of Duterte in ordering Marcos’ burial at the LNMB.
Once Peralta’s decision gets the majority votes from the other justices, Caguioa’s draft decision will serve as the leading dissenting opinion in the case.