DOJ chief: Sara Duterte’s remark to throw Marcos Sr.'s body in sea violates Revised Penal Code

MANILA, Philippines — Vice President Sara Duterte’s remark about exhuming and throwing the body of late dictator Ferdinand Marcos Sr. into the West Philippine Sea is a violation of the Revised Penal Code, according to Justice Secretary Jesus Crispin Remulla.

In an interview with DZRH on Saturday, October 19, Remulla expressed surprise at the vice president's remark.

“Desecration of the dead 'yan. May violation sa Revised Penal Code yun. Hindi rin nakakatawa yun eh,” the DOJ chief said.

(That's desecration of the dead. There's a violation of the Revised Penal Code. That's also not funny)

“It does not speak of a sane and clear-thinking person. Iba na yun. Non-compos mentis (of unsound mind) na yung pinangagalingan,” he added. 

(It does not speak of a sane and clear-thinking person. That's different. Non-compos mentis (of unsound mind) of where it was coming from)

At a press conference on October 18, Duterte revealed that she once warned Sen. Imee Marcos that if political attacks against her persisted, she would exhume the remains of his father, the late dictator, and throw them into the sea.

"One time, I told Senator Imee, if you don't stop, I'll dig up your father and throw him into the West Philippine Sea," she said in mixed Filipino and English.

"One of these days, I'll go there, take your father's body, and throw it into the West Philippine Sea. I don't think [Imee] responded," Duterte said, adding that she sent the message to a group chat where Imee and "others" read it. 

In 2016, Sara's father, former President Rodrigo Duterte, quietly proceeded with the burial of Marcos Sr. at the Libingan ng mga Bayani. 

Although the government framed this as an effort to heal political divisions, many viewed it as a gesture of gratitude to Imee Marcos, then-governor of Ilocos Norte, for her financial support of Duterte's presidential campaign.

Meanwhile, the Justice secretary did not specify the specific crime defined in the Revised Penal Code which was violated.

However, Article 353 of the Revised Penal Code, which defines the crime of libel, can also refer to disrespect of one who is dead. 

A libel is public and malicious imputation of a crime, or of a vice or defect,