When the Court fails the people

When the Court fails the people

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The Supreme Court has spoken — there is nothing in the law that prohibits the burial of Ferdinand Marcos at the Libingan ng mga Bayani.

I can speak about why the decision is wrong, offensive, and legally- flawed, and write an entire memorandum in the end. But allow me not to do that.

Instead, allow me to remind each and every Filipino, especially the young, that the Supreme Court’s decision is not the end of our continuous fight against the oppression and suffering that the Marcos regime brought to this nation.

The Supreme Court has the sacred duty of making legal what is right, what is just, what is true. The Supreme Court has the sacred duty of harmonizing the black letter of the law with its spirit, wisdom, and historical context. The Supreme Court has the sacred duty to promote justice, and not be blind to historical wrongs.

In Berlin, even parks have signs re-telling the dark history of their country.

It pains me to see social media posts of friends who say “Let it go.” or “Move on na”.

These phrases may apply to that dress you could not afford or that gorgeous man you could not have. It should never be used for Marcos and the evil that he stood for.

The fight is not over. The greatest revolutions started with anger but in order to see victory, we have to rise above our anger, and continue our fight against Marcos using the skills that we have.

For the young, speak up. Use social media to spread historical truths. Talk to your friends.

On Monday, I will do my share as a teacher in a law school because as I read through the decision of the Supreme Court, I felt the ever-increasing need to teach law in a way that creates advocates, rather than weak and spineless technicians of the law who are ignorant of history, and blind to social wrongs.

I feel particularly burdened to teach students to have the courage not to surrender, and not to simply say: Eh, ganyan ang batas. Or nagdesisyon na ang Korte Suprema. Move on na.

We have to teach law with history. Law with context and reason. Law with justice. If we cannot do that, we must not teach.

We have to help shape an army of advocates who, especially when the Supreme Court fails the people, can bravely say: how else can we correct historical wrongs?

Some of us will go back to the streets, fists raised in anger and indignation. Some of us will fight for policy changes. Some of us will go back to our classrooms and teach — so that we and the generations that follow, will never forget. Pilipinas. Mahal ko ang Pilipinas.

Atty. Golda S. Benjamin
dumagueteLawyer.com

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