Ocampo vs. Enriquez, GR 225973, Nov. 8, 2016-24

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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,[152] a military personnel,[153] a veteran,[154] and a
Medal of Valor awardee,[155] 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.[156] Likewise, President Duterte's determination to have Marcos'
remains interred at the LNMB was inspired by his desire for national healing and
reconciliation. Presumption of regularity in the performance of official duty prevails over
petitioners' highly disputed factual allegation that, in the guise of exercising a
presidential prerogative, the Chief Executive is actually motivated by utang na loob
(debt of gratitude) and bayad utang (payback) to the Marcoses. As the purpose is not
self-evident, petitioners have the burden of proof to establish the factual basis of their
claim. They failed. Even so, this Court cannot take cognizance of factual issues since
We are not a trier of facts.

C. AFP Regulations on the LNMB

A review of the regulations issued by the AFP Chief of Staff as to who may and may not
be interred at the LNMB underscores the nature and purpose of the LNMB as an active
military cemetery/grave site.

On May 13, 1947, the Chief of Staff of the Philippine Army, by the direction of the
President and by order of the Secretary of National Defense, issued General Orders No.
111, which constituted and activated, as of said date, the Graves Registration Platoon
as a unit of the Philippine Army.

On February 2, 1960, the AFP Chief of Staff, by order of the Secretary of National
Defense, issued AFP Regulations G 161-371 (Administrative and Special Staff Services,
Grave Registration Service), which provided that the following may be interred in the
LNMB: (a) World War II dead of the AFP and recognized guerillas; (b) Current dead of
the AFP; (c) Retired military personnel of the AFP; (d) Remains of former members of
the AFP who died while in the active service and in the Retired List of the AFP now
interred at different cemeteries and other places throughout the Philippines or the
Secretary of National Defense; and (e) Others upon approval of the Congress of the
Philippines, the President of the Philippines or the Secretary of National Defense. The
regulation also stated that the AFP Quartermaster General will be responsible for,
among other matters, the efficient operation of the Graves Registration Service; the
interment, disinterment and reinterment of the dead mentioned above; and
preservation of military cemeteries, national cemeteries, and memorials.

On July 31, 1973, the AFP Chief of Staff, by order of the Secretary of National Defense,
issued AFP Regulations G 161-372 (Administration and Operation of AFP Graves
Registration Installations), which superseded AFP Regulations G 161-371. It provided
that the following may be interred in the LNMB: (a) Deceased Veterans of the Philippine
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62526 24/275

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