Ocampo vs Enriquez GR 225973, November 8, 2016

ISSUE:  [1] Would respondents gravely abuse their discretion in allowing Marcos' burial in the LNMB?
[2] Would Marcos' burial be violative of the 1987 Constitution, jurisprudence and the law? 

FACTS:  President Duterte allowed the burial of President Marcos's remains in the Libingan ng Mga Bayani (LNMB). He ordered herein respondent's superior to prepare the burial. 

DECISION:  Dismissed 

​RATIO DECIDENDI:  It is not. The Supreme Court found for the respondents. It is the President's discretion to allow who should be buried in the LNMB. In fact, even Congress may and can enact a law allowing anyone to be buried therein. Since the LNMB is under the authority of the AFP and the Commander-in-Chief of the AFP is the President, it is within the President's discretion to allow or disallow the burial of anyone in the LNMB. The Pantheon Law does not cover the LNMB. It is merely a national shrine converted into a memorial shrine. Hence, anyone buried therein would not be treated as a hero and would not be labeled as one who is worth emulating or who is an inspiration to the youth.