QUESTION: During the campaign period for the 2016 Presidential Election, then candidate Rodrigo

R. Duterte (Duterte) publicly announced that he would allow the burial of former President Ferdinand
E. Marcos (Marcos) at the Libingan Ng Mga Bayani (LNMB). The respondents Secretary of National
Defense and AFP Rear Admiral then issued a memorandum and directive in compliance with the verbal
order of President Duterte to implement his election campaign promise to have the remains of Marcos
interred at the LNMB. Is the act valid?

ANSWER: Under the Administrative Code, the President has the power to reserve for public use and
for specific public purposes any of the lands of the public domain and that the reserved land shall remain
subject to the specific public purpose indicated until otherwise provided by law or proclamation.149 At
present, there is no law or executive issuance specifically excluding the land in which the LNMB is
located from the use it was originally intended by the past Presidents. The allotment of a cemetery plot
at the LNMB for Marcos as a former President and Commander-in-Chief,150 a legislator,151 a Secretary
of National Defense, a military personnel, a veteran, and a Medal of Valor awardee, whether
recognizing his contributions or simply his status as such, satisfies the public use requirement. The
disbursement of public funds to cover the expenses incidental to the burial is granted to compensate
him for valuable public services rendered. (Ocampo, et al. v. Eriquez, et al. G.R. No. 225973,
November 08, 2016)