Ferdinand Marcos : The Great Ilocano

Unchallenged and Unsurpassed achievement in law -

 

BizNews Asia September 12-19, 2011 issue. Volume 9 No. 20

By Manuel " Lolong " M. Lazaro - Former Presidential Assistant for Legal Affairs and Government Corporate Counsel

 

The great bard William Shakespeare wrote in an epigrammatic tone : " The evil that men do lives after them; the good is oft interred with their bones. "

It is typical of Filipinos to have short memories of another' s good deeds, but long memories of the other 's bad or perceived wrongs. This is the tragic irony in the case of the late President Marcos. The perceived illegal acts of FM have been incessantly tautologized.

They were designed protuberantly to submerge or marginalize his landmark contributions to our legal system. But, as the painter Salvador Dali once said, " The difference between false memories and true ones is the same as for jewels: it is always the false ones that look the most real, the most brilliant. "

 

FM's secure place in history

 

The beneficiaries of the February 1986 event - remarkable only for being unremarkable in constitutionalism - have fashioned and sustained a barrage of adverse publicity to efface President Marcos from the tapestry of history.

They are pursuing what Maitland sharply observed: " The essential matter of history is not what happened but what people wrote or said about it ".

However, if we were to speak or write only about the bad of the dead, history would be even littered with more inaccuracies than it is now.

Marcos' achievements and contributions are a matter of record. To obliterate Marcos' achievements / contributions from the pages of history is to distort the past and mislead the future.

Succeeding administrations have employed laws and the media to destroy or consign Marcos to oblivion notwithstanding his solid achievements for the good of the nation and its people.

Good deeds, especially those beneficial to the nation and people, cannot be effaced or expunged. Good triumphs in the end. FM's place in history is secure.

The Marcos laws abound around us. They are embedded in our legal system. They continue to govern and guide the nation and the government functionaries. The vision and foresight of FM in lawmaking for governance are richly illustrated by the varied and numerous vital legal issuances.

 

Number of FM issuances

 

From Sept. 21, 1972 up tp Feb. 26, 1986, or in a span of 14 years, President Ferdinand E. Marcos had crafted and formulated, with the assistance of experts, 7,883 presidential decrees and other5 legal issuances. These issuances covered almost every phase of human life or conduct - from birth to the grave, so to speak. They are categorized as follows:

 

a) Presidential Decrees (1 to 2036 )

b) Letters of Instructions (1 to 1525)

c) Letters of Implementation (1 to 157)

d) General Orders (1 to 61)

e) Executive Orders (366 to 1093)

f) Administrative Orders (349 to 504 )

g) Proclamations (1081 to 2486)

h) Memo Circulars (599 to 1297)

These legal issuances were designed not only for the yester years, but also for today and tomorrow.

Gifted with legal acumen, President Marcos adorned his legal issuances with wisdom and justice, embellished with compassion and concern for the people's welfare. They are exclusive of the hundreds of laws that he authored and/ or sponsored as congressman and senator for almost two decades.

 

FM: Leader of phenomenal vision

President Marcos was a leader of phenomenal global vision. He dreamed of greatness and he relentlessly pursued its realization. He was a man ahead of his time.

Perhaps it is for this reason he was often misunderstood and unappreciated. But in time, after the winds of hatred and vengeance shall have flown away, he will be remembered as the greatest Filipino lawyer.

 

Minimal percentage of FM issuances repealed

Significantly, out of the 7,883 presidential issuances, only 67 PDs or less than .01 % have either been repealed or modified.

The minimal percentage of 67 PDs either repealed or modified by EO No. 187 of President Corazon Aquino were the decress increasing the penalties for certain offenses against public order and security,e.g. PDs 38, 1735, 1834,1974 and 1996.

Interestingly, the rationale and purpose of the PDs repealed or modified were resurrected in enacting Art. 134-A of the Revised Penal Code, as amended by RA 6968 (law on coup d' etat). Notably, 7,816 FM issuances are still effective and enforced up to the present. FM's laws still apply and govern the nation today.

In a manner of speaking, FM, the corpus. is dead. But FM, the lawgiver, lives, pulsating vebrantly. FM laws are eloquent proof of the wisdom, vision, and foresight he possessed in formulating tham as instruments of good and effective governance.

 

Marcosian codes

 

No president has codified more laws on the same subject as President Marcos did, that are still effective and are being enforced.

Worth mentioning are the 15 codified laws issued by President Marcos that are still enforced:

the Local Tax Code (PD 231); Labor Code of the Philippines (PD 442); Real Property Tax Code (PD464); Child and Youth Welfare Code (PD 603); Insurance Code (PD 612); Revised Forestry Code (PD 705); Code of Sanitation (PD 856); Coconut Industry Code ( PD 961); Water Code ( PD1067); Code of Muslim Personal Laws of the Philippines (PD1083); National Building Code (PD 1096); Philippine Environment Code (PD 1152); Fire Code ( PD 1185); Government Auditing Code (PD 1445); Tariff and Customs Code (PD 1464); and Code of Agrarian Reforms (PD 444).

More importantly, there is the Judiciary Development Fund, the wellspring of the financial benefits of the members of the judiciary.

There is also the PAGCOR, the mother of revenues, to fund odd activities, to right the wrong, wrong the right and double the wrong.

 

Multitudinous concerns addressed

 

To demonstrate the breath, width and depth of FM legal issuances, hereunder are some of the significant and multitudinous government concerns addressed by laws.

a) to attract foreign investments, he established under PD 66, the Export Processing Authority and enacted the Investment Incentives Act under PD 485;

b) to address the sourcing, supplying and distribution of oil requirements, he established the Department of Energy and its subsidiaries and affiliates;

c) to develop and promote agricultural products, he created the National Irrigation Administration under PD 552;

d) to address the problems of the coconut industry, as coconut is a major export product, he established the Philippine Coconut Authority under PD 232;

e) as an alternative source of revenues, he planted the seeds for local and foreign tourists by establishing the Philippine Tourism Authority under PD 564;

f) as an alternative source of revenues, he established PAGCOR to operate gambling;

g) to upgrade the banking system and invite foreign banks to do business in the Philippines under certain incentives and guarantees, FM caused the establishments of the Offshore Banking System in the Philippines under PD 1034;

h) to legalize the Filipino trait of gambling through horse racing or cockfighting, he caused the establishment of the Philippine Racing Commission under PD 420 and the Cockfigthing Law under PD 1140 to govern and regulate the same;

i) to ensure that the deposits of small depositors will not be deprived of their deposits by bank runs or closure of banks, he caused the establishment of the Philippine Deposit Insurance Corporation (PDIC) under PD 1094 insuring the liabilities of the banks;

j) he created the Philippine Retirement Authority under E.O. 1037, series of 1985;

K) he created the Movie and Television Review and Classification Board under PD 1986; and

l) he established the Philippine Estates Authority under PD 1084;

 

Government structure

 

Notably, the structure of government or offices established by President Marcos has remained substantially the same, except the change of name, inclusive of superficial features in laws, to give a semblance of change from that of President Marcos regime.

The only significant department that was abolished after the departure of President Marcos was the Department Ministry of Human Settlements under Mrs. Marcos.

It was dismantled but the functions were distributed to sdifferent offices that President Marcos created.

 

 

Socialized housing

 

The laws on socialized housing were conceptualized by President Marcos through a series of legal issuances from the funding, the lending, mortgaging and to the collection of the loans.

These are governed by the Home Mutual Development Fund, ( Pag-ibig Fund), the Housing and Land Use Regulatory Board (HLURB) and the National Home Mortgage Finance, which remain intact up to the present.

 

Specialty hospitals

 

All the specialty hospitals of the Philippines, like the Lung Center, Philippine Heart Center, Kidney Center, Philippine Children Center, among others, were of his great concern and are offshoot of his response to public health concerns.

Sadly, after almost 20 years of FM's departure, no specialty hospital of consequence has been established.

 

Energy crisis

 

It is truism that a leader's mettle is tested in the crucible of crisis. President Marcos foresaw the oil crisis of 1974.

Sensing and fearing that the foreign oil supply companies could strangle the country of its oil supply requirements and manipulate oil prices, FM caused the acquisition of Filoil.

He made it the biggest oil company of the country, now Petron. It was meant to neutralize any attempt of foreign oil companies to control the supply of oil and dictate the pricing thereof.

Wittingly and dubiously, a president sold substantial shares of Petron to an Arab company managing it.

The entry of a foreign country subverts the very rationale for establishing the biggest oil company under the management and control of the government as a protective shield from any untoward or adverse designs or activities of foreign oil companies.

In further addressing the energy crisis, FM caused the establishment of the Bataan Nuclear Plant. It would have adequately supplied the power needed to reduce our dependence in imported oil.

Unfortunately, the acquisition of the plant was tainted with unproven anomalies. The nuclear plant was mothballed simply because it was President Marcos's project.

The perceived overpricing in the construction of the plant could have been addressed independently of completing the project for the good of the nation. As another measure to address the expected oil crisis, FM initiated and multiplied the geothermal power plants as alternative source of energy.

Had the Bataan Nuclear Plant and geothermal power plants been promoted, increased and further developed, dependence on oil importation to the country would have been lessened.

 

Water crisis

 

Marcos also foresaw the incoming water crisis. He foresaw that the source of water supply are inadequate to serve the increasing population. Thus he secured a World Bank grant to make technical studies of the construction of the Lipan Dam.

It was envisioned to be the future source of water adequate to supply the requirements of increasing population until the year 2025.

The project would have cost only at that time $10 Billion.

His successor, however, sidelined the project simply because it was the brainchild of or the initiative of FM, notwithstanding that it is for the good of the nation and the people.

When succeeding administrators realized their folly, one administration wanted to resuscitate the Marcos project only to find out that it will now cost more than $50 Billion, a price too costly to be affordable.

Significantly, there are present moves / measures to continue with the project of FM sired by necessity.

 

Arts and Culture

President Marcos is the only president who recognized and acknowledged the importance of arts and culture.

He was criticized for the construction of the Cultural Center of the Philippines, the Philippine International Convention Center, the Manila Hotel, the new GSIS Headquarters. among others.

These edifices, however, have remained the venues for the propagation of arts and culture, the holding of conventions and international conferences, in line with the government's policy thrusts on culture, tourism and public services.

 

Infrastructure

 

In the field of infrastructure, more roads and bridges were constructed during the administration of President Marcos than all the roads and bridges constructed from the time of the late President quezon up the time of his predecessor, the late President Macapagal.

These are a few of the significant issuances and undertakings of President

Marcos. some sinister or vindictive minds wish to vanish them but simply cannot.

The issuances and accomplishments of President Marcos are part of our legal system. They continue to touch lives, properties and public functionaries.

 

Heel or hero ?

 

Is Marcos a heel or a hero ? It depends. He is a hero to those who are aware and appreciative of his performance and achievements.

However, he is a heel to those who envy his ingenuity, vision and foresight, to those who seek revenge accented by hatred.

 

Shaper and mover of events

 

FM's life in law remains a myth, unchallenged and unsurpassed. Like all great leaders and statesmen, he was a shaper and a mover of events. This unassailable fact will continue to intrigue and inspire generations.

FM left an inexhaustible reservoir of innovative and beneficial legal instruments to uplift the nation and the quality of life.

An objective and dispassionate scrutiny of these legal instruments should provide a guidepost in the framing of our laws and the art of governance to promote the common good.

 

History vindictates

 

The tragic drama is that biased people remember only the bad or wrong attribute to FM but forget the good he had done and achieved.

At time's healing hands, FM will be vindicated.

FM is a great man - unjustly judged at the wrong time by the wrong minds.

Time and history will vindicate his vision and foresight, especially in lawmakingas a vehicle of governance.

Generations freed from the blemishes of hate, vengeance and prejudice will look more kindly and with gratitude on FM's achievements and contributions to the nation. Dispassionate men will make an icon of FM. Ferdinand Edralin Marcos is the greatest Ilocano.

 

 

Marcos family won't appeal burial rejection

By Teddy Molina (The Philippine Star) Updated October 14, 2011 12:00 AM Comments (211) View comments

 

LAOAG CITY, Philippines – The family of the late former President Ferdinand Marcos will not appeal President Aquino’s rejection of a hero’s burial for the ousted leader but will take their chances with the next administration, Ilocos Norte Gov. Imee Marcos said yesterday.

 

Imee, daughter of the late strongman, expressed shock at Aquino’s declaration, saying she had hoped that the President would not miss the chance for reconciliation with her family.

 

On Wednesday, Aquino announced there would be no state honors for Marcos, saying it would be “the height of injustice” to martial law victims to have the late strongman accorded state honors. He had earlier rejected pleas for a Libingan ng Mga Bayani burial for the late dictator.

 

But Imee said they had already agreed to a recommendation from Vice President Jejomar Binay for an Ilocos burial for the Marcos patriarch, with full military honors.

 

The Marcos family said he deserved state honors considering his long years of service to the country as a decorated soldier, guerilla fighter, lawmaker, and eventually as head of state.

 

But while the Marcoses have abandoned hope of seeing their patriarch accorded state honors under the Aquino administration, Marcos loyalist lawyer Oliver Lozano is making a last ditch effort to make the President reconsider his decision.

 

“I am confident President Aquino will change his mind. He was ill advised because the arguments presented have no legal and moral basis,” Lozano told The STAR in a telephone interview from Baguio City. He said he is set to write a letter of appeal to Aquino.

 

He cited a case pending in the Manila Regional Trial Court (RTC) questioning the legality of the ban on a state funeral for the former president. “I believe the President will uphold rule of law,” Lozano said.

 

He said Aquino’s statement that Marcos was the brains of martial law was inaccurate because the Supreme Court itself had ruled that the declaration of martial law was not a dictatorship but a constitutional authoritarian move to prevent the communists from taking over the government.

 

Lozano also argued that human rights victims cannot invoke the compensation issue in blocking a state burial for Marcos.

 

“When you fight for a cause you are ready to die, you do not think of monetary rewards for your cause. It’s immoral if you wage a political struggle and claim money when you are injured,” he said.

 

He also rebuffed Aquino’s claim that most Filipinos do not want a state burial for Marcos, saying a Social Weather Stations (SWS) survey had even ranked the late dictator among the country’s top 10 heroes.

 

Retired Lingayen-Dagupan Archbishop Oscar Cruz also scored Aquino’s decision, which he called “unbecoming of a president.”

 

Cruz said Aquino “failed to act presidential” when he announced his decision. “Before that announcement, he was rather vague… He was neither here or there. All of a sudden, when he was interviewed by the foreign correspondents, his true conviction came out,” Cruz said.

 

He also said he was wondering why Aquino had to order Binay to recommend ways to solve the Marcos burial issue when he had been against any form of state honors for the ousted leader all along.

 

President’s prerogative

 

Malacañang defended President Aquino’s decision, saying he had never reached an agreement with the Marcoses on the issue.

 

“And the recommendation of Vice President Binay was precisely a recommendation. And after the President made a statement in FOCAP (Foreign Correspondents Association of the Philippines), the Vice President issued a statement saying that the decision is a prerogative of the President. It should be respected and supported. So ‘no’ means ‘no’ – that’s the word of the President. He keeps his word and it’s just one word: ‘no’,” presidential spokesman Edwin Lacierda said.

 

“There was never any miscommunication; there was never any misunderstanding extended to the Marcos family. The recommendation of Vice President Binay remained a recommendation until acted upon by the President. And so the President acted upon it decided that in the best interest of the Filipino people, it would not be proper for the President to accord state burial honors to the former president,” Lacierda said.

 

Marcos’s senator son and namesake accused Aquino on Wednesday of making him and his family believe that the President was seriously considering state honors for the late strongman.

 

Lacierda said the martial law factor, which figured prominently in Binay’s appraisal of the issue, “really weighed heavily upon him (Aquino).”

 

“We didn’t elicit or we didn’t give out any hint of the President’s decision primarily because he was still weighing on the issue,” Lacierda said.

 

Lacierda also said a reconciliation between Aquino and the Marcoses can take various forms.

 

“I really don’t know what kind of reconciliation you’re describing. Certainly, if you’re speaking of legislative matters, there would be some matters which they – both the President and Senator Marcos – can agree on… We would have to see… We’ll have to cross the bridge when we get there,” he said.

 

Lacierda said the President apologized to Binay because he made his decision public without telling the vice president first.

 

Speaker Feliciano Belmonte Jr., for his part, called on critics to respect Aquino’s decision.

 

“I thought that he wanted to study the matter further but I guess he already made up his mind. Certainly, it behooves us to respect that decision,” the Speaker said.

 

A-Teacher party-list Rep. Mariano Piamonte said the President should have been more decisive on the issue. “Many are criticizing him now as to why he wanted Binay to study and have a survey and the decision was that and now he (Aquino) said the matter would be studied further,” Piamonte told a news forum in Quezon City.

 

“It is good that he has finally put his foot down on this issue after taking so long deciding on the matter. It would indeed be a travesty of justice if Marcos is buried with honors while thousands of his victims are still reeling from the damage he wrought on their lives,” Bayan Muna Rep. Teodoro Casiño said.

 

Sorsogon Rep. Salvador Escudero, who authored the resolution to allow Marcos to be buried at the Libingan ng Mga Bayani, said he was not bothered by Aquino’s decision. “What’s important is that the majority has not changed its decision,” Escudero said, referring to the over 200 lawmakers who signed the resolution.” With Aurea Calica, Paolo Romero, Perseus Echeminada, Evelyn Macairan

 

Done