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Justice Perez separate opinion.

Votes to dismiss the petitions


o President didnt gravely abuse his discretion
It was neither whimsical nor capricious of him to implement his
election promise
o Petitions include statement of Duterte's election promise of
Marcos' burial as a public pronouncement without giving details on
implementation
o Petitions acknowledged public opposition to this election
promise during the election season
o Petitions then amount to judicial admissions
Petitioners state as fact that the burial is a matter which
the public was consulted.
Thus petitioners admit that the issue should be left to the
will of the people
Petitioners tried and hoped to sway the issue in their favor
using the political process
Yet the election of the President clearly shows the will of
the people.
It was only Duterte who had a stance on this issue during
the elections. The other 4 were silent on it. The votes on the
other 4 candidates cant be counted against the burial.
Though the votes on Duterte could've been due to
agreement with items in his platform irrelevant of the burial, what
can't be questioned is that Duterte didn't lose because of his
burial promise.
Allegations that the promise was a mere election pitch - a
promise made to be broken, are unfounded due to the DND Sec
memo to the AFP which mentioned the implementation of the
campaign promise.
Now, after having lost, petitioners through their pleadings have
admitted this to be a political question.
On RA 10368: The Human Rights victims reparations act
o The petitioners and victims have been given recognition by the
proper political body and the reparations due to them when the law
was implemented.
J Caguioa grills Duterte's SolGen
o The burial was a plan to unite and reconcile the country. Policy of
reconciliation is in line with Oslo, Norway talks. (I think this refers to
the CPP talks)
o The urgency of the burial is part of national healing. 218
congressmen agreed to this.
This is a matter of the wisdom of the political branches.
The question of whether the country is ready to reconcile on the
matter is shown by BBM's popularity in the last elections.
o Shows that the national damnation of FM is no longer present.
o BBM's high numbers make the Marcos' a legitimate
consideration in the executive policy formulation.
The redemption of an election pledge and policy has its basis on the
election results
o Compliance with the campaign promise can't be tainted with
grave abuse of discretion
POLITICAL QUESTION TO BE RESOLVED POLITICALLY

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