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9/8/22, 2:41 AM E-Library - Information At Your Fingertips: Printer Friendly

President Magsaysay in issuing Proclamation No. 86, still stands unaffected. That being
said, the interment of Marcos, therefore, does not constitute a violation of the physical,
historical, and cultural integrity of the LNMB as a national military shrine.

At this juncture, reference should be made to Arlington National Cemetery (Arlington),


which is identical to the LNMB in terms of its prominence in the U.S. It is not amiss to
point that our armed forces have been patterned after the U.S. and that its military
code produced a salutary effect in the Philippines' military justice system.[139] Hence,
relevant military rules, regulations, and practices of the U.S. have persuasive, if not the
same, effect in this jurisdiction.

As one of the U.S. Army national military cemeteries,[140] the Arlington is under the
jurisdiction of the Department of the Army.[141] The Secretary of the U.S. Army has the
responsibility to develop, operate, manage, administer, oversee, and fund the Army
national military cemeteries in a manner and to standards that fully honor the service
and sacrifices of the deceased members of the armed forces buried or inurned therein,
and shall prescribe such regulations and policies as may be necessary to administer the
cemeteries.[142] In addition, the Secretary of the U.S. Army is empowered to appoint
an advisory committee, which shall make periodic reports and recommendations as well
as advise the Secretary with respect to the administration of the cemetery, the erection
of memorials at the cemetery, and master planning for the cemetery.[143]

Similar to the Philippines, the U.S. national cemeteries are established as national
shrines in tribute to the gallant dead who have served in the U.S. Armed Forces.[144]
The areas are protected, managed and administered as suitable and dignified burial
grounds and as significant cultural resources.[145] As such, the authorization of
activities that take place therein is limited to those that are consistent with applicable
legislation and that are compatible with maintaining their solemn commemorative and
historic character.[146]

The LNMB is considered as a national shrine for military memorials. The PVAO, which is
empowered to administer, develop, and maintain military shrines, is under the
supervision and control of the DND. The DND, in turn, is under the Office of the
President.

The presidential power of control over the Executive Branch of Government is a self-
executing provision of the Constitution and does not require statutory implementation,
nor may its exercise be limited, much less withdrawn, by the legislature.[147] This is
why President Duterte is not bound by the alleged 1992 Agreement[148] between
former President Ramos and the Marcos family to have the remains of Marcos interred
in Batac, Ilocos Norte. As the incumbent President, he is free to amend, revoke or
rescind political agreements entered into by his predecessors, and to determine policies
which he considers, based on informed judgment and presumed wisdom, will be most
effective in carrying out his mandate.

Moreover, 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
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