The Manila Times was also able to gather the inputs of at least eight justices of the SC who shared their opinions on the issue. Concurring were Presbitero J. Velasco, Jr., Teresita J. Leonardo-de Castro, Arturo D. Brion, Lucas P. Bersamin, Mariano C. del Castillo, Jose P. Perez, Jose C. Mendoza, and Estela M. Perlas-Bernabe.
There were 5 dissenters to the majority decision: Chief Justice Maria Lourdes Sereno, Senior Justice Antonio Carpio and Associate Justices Marvic Leonen, Francis Jardeleza, and Alfredo Caguioa.
There is also no specific law barring the interment.
Edre Olalia of the National Union of People's Lawyers, one of the plaintiffs in the case, said the decision was a "big letdown" and vowed to file a motion for reconsideration with the court.
"We know that it will be a heavy responsibility for the SC that they have been asked to make the decision", said Mags Maglana, spokesperson of Konsensya Dabaw.
Duterte, who was elected in a landslide this year, has close ties to the Marcos family and has pushed for the burial. "Notwithstanding the call of human rights advocates, the Court must uphold what is legal and just and that is not to deny Marcos his rightful place at the LNMB", the high court stressed.
Marcos will be the fourth former president to be buried at the LNMB, after Garcia, Elpidio Quirino and Diosdado Macapagal.
"Regardless of the promised national unity that the proposed burial will bring, I can not, in good conscience, support such as expedient and shortsighted view of Philippine history", Sereno said.
He was toppled by the so-called People Power rallies in 1986 that forced him into exile in Hawaii, where he died in 1989.
His 20-year presidency was marked by widespread corruption and human rights abuses to silence opponents.
Marcos fled the Philippines after a revolution in 1986 ended his decades as dictator.
The US military, which holds all official World War II records related to the Philippines during the last war, has backed the commission's findings, including conclusions over Marcos' bogus medals. "While he (Marcos) was not all good, he was not pure evil either. Certainly, just a human who erred like us", the ruling said.
Sought for comment, Edmund S. Tayao, political science professor at the University of Santo Tomas, said: "From the start the public has been divided again with this issue which supposedly had been settled with former President (Fidel V.) Ramos' agreement with the Marcoses".
It said it has made clear its position before the court that burying Marcos "would be patently unlawful as it contravenes the human rights obligation enshrined both in the Philippine Constitution as well as in global law".
She cited the legislative and judicial recognition of Marcos as a dictator, plunderer and human rights violator.
While he acknowledged that the Constitution was founded on the "ashes of the Marcos administration", "it should not be interpreted as to prevent reconciliation and moving forward in the name of national unity".
Imelda and Ferdinand's daughter Imee Marcos has been governor of Ilocos Norte since 2010.
"I have accomplished my promise to my father that he be laid to rest at LNBM. The stigma left by the martial law regime will never be forgotten by the Filipino people and the burial of President Marcos [at] the LNMB will not rewrite history".
President Rodrigo Duterte had announced plans for the move shortly after his election in May. "Our family will forever be thankful for his kind gesture", the former senator said.
"Libingan ng mga Bayani is the cemetery for soldiers and presidents and there is no law prohibiting him to be buried there".
Senate President Aquilino Pimentel 3rd said he would try to persuade the President to change his heart and stop the burial.