Dissent for the following reasons:

Section 1 of RA 289, establishing the LNB, states that Section 1. To perpetuate the memory of all the
Presidents of the Philippines, national heroes and patriots for the inspiration and emulation of this
generation and of generations still unborn, there shall be constructed a National Pantheon which shall
be the burial place of their mortal remains.
From the above-quoted provision of the law, we can glean that the spirit of the law speaks of the
perpetuation of the memory of the Presidents of our countries who are worthy of being considered as
inspirations and those that can serve as examples to the generations yet unborn. It does not merely
speaks all past presidents of the country without qualification.
The SC Decision granting the burial of Marcos at the LNB was based on a regulation of the AFP
delineating who are allowed to be buried at the LNB and who are prohibited from being buried there.
Said regulation of the AFP should not have been used as a basis for the Decision since it was merely
an administrative regulation. It cannot go beyond the law, in this case, RA 289, or beyond the intent or
spirit of the law.
Assuming that such AFP regulation is a valid basis, the ponente of the Decision should not have taken
the enumerations there as they appear.
The said regulation enumerated those who are authorized to be buried at the LNB and the enumeration
includes former presidents. However, it also enumerates those who are not allowed to be buried there.
Among those belonging to the latter enumeration are personnel who were dishonorably
discharged/separated/reverted/discharged from the service (generally referring to personnel of the AFP
which were included in the enumeration as qualified to be buried at the LNB).
In this case, if such regulation specified that those who were dishonorably removed from service are
prohibited from being interred at the LNB, the same shall also apply to those other entities mentioned
under the enumeration.
Hence, a removed president, as Marcos was, is not one of those qualified to be interred at the LNB.