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

under almost insurmountable odds. Their hardship and sufferings, as well as their
defeats and victories, are enshrined in this memorial.[134]

Contrary to the dissent, P.D. No. 105[135] does not apply to the LNMB. Despite the fact
that P.D. No. 208 predated P.D. No. 105,[136] the LNMB was not expressly included in
the national shrines enumerated in the latter.[137] The proposition that the LNMB is
implicitly covered in the catchall phrase "and others which may be proclaimed in the
future as National Shrines" is erroneous because:

(1) As stated, Marcos issued P.D. No. 208 prior to P.D. No. 105.

(2) Following the canon of statutory construction known as ejusdem generis,[138] the
LNMB is not a site "of the birth, exile, imprisonment, detention or death of great and
eminent leaders of the nation." What P.D. No. 105 contemplates are the following
national shrines: Fort Santiago ("Dambana ng Kalayaan"), all battlefield areas in
Corregidor and Bataan, the site of First Mass in the Philippines, Aguinaldo Shrine or
Freedom Shrine, Fort San Antonio Abad National Shrine, Tirad Pass National Shrine,
Ricarte Shrine, Aglipay Shrine, Liberty Shrine, "Red Beach" or the landing point of
General Douglas MacArthur and the liberating forces, Dapitan City, General Leandro
Locsin Fullon National Shrine, and Mabini Shrine. Excluded are the military memorials
and battle monuments declared as national shrines under the PVAO, such as: Mt.
Samat National Shrine, Kiangan War Memorial Shrine, Capas National Shrine, Ricarte
National Shrine, Balantang Memorial Cemetery National Shrine, Balete Pass National
Shrine; USAFIP, NL Military Shrine and Park, and the LNMB.

(3) Since its establishment, the LNMB has been a military shrine under the jurisdiction
of the PVAO. While P.D. No. 1 dated September 24, 1972 transferred the
administration, maintenance and development of national shrines to the NHI under the
DEC, it never actually materialized. Pending the organization of the DEC, its functions
relative to national shrines were tentatively integrated into the PVAO in July 1973.
Eventually, on January 26, 1977, Marcos issued P.D. No. 1076. The PVAO, through the
MSS, was tasked to administer, maintain, and develop military memorials and battle
monuments proclaimed as national shrines. The reasons being that "the administration,
maintenance and development of national shrines consisting of military memorials or
battle monuments can be more effectively accomplished if they are removed from the
[DEC] and transferred to the [DND] by reason of the latter's greater capabilities and
resources" and that "the functions of the [DND] are more closely related and relevant
to the charter or significance of said national shrines."

The foregoing interpretation is neither narrow and myopic nor downright error. Instead,
it is consistent with the letter and intent of P.D. No. 105.

Assuming that P.D. No. 105 is applicable, the descriptive words "sacred and hallowed"
refer to the LNMB as a place and not to each and every mortal remains interred
therein. Hence, the burial of Marcos at the LNMB does not diminish said cemetery as a
revered and respected ground. Neither does it negate the presumed individual or
collective "heroism" of the men and women buried or will be buried therein. The
"nations esteem and reverence for her war dead," as originally contemplated by
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62526 22/275