Title
PRESIDENTIAL DECREE NO. 105
Date
Jan 24, 1973
Presidential Decree No. 105 declares specific locations in the Philippines as National Shrines, protecting them from desecration and preserving their historical significance, with violators facing imprisonment or fines.
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Law Summary

I. Declaration of National Shrines

  • Legal Principle: The Philippine government has designated specific locations as National Shrines due to their historical significance related to prominent leaders of the nation.
  • Key Definitions:
    • National Shrines: Sites of birth, exile, imprisonment, or death of eminent national figures.
  • Important Locations Identified:
    • Birthplace of Dr. Jose Rizal in Calamba, Laguna.
    • Exile site of Dr. Jose Rizal in Talisay, Dapitan City.
    • Imprisonment site of Dr. Jose Rizal at Fort Santiago, Manila.
    • Birthplace of Apolinario Mabini in Talaga, Tanauan, Batangas.
    • Deathplace of Apolinario Mabini in Pandacan, Manila.
    • Birthplace and site of Philippine Independence proclamation at Aguinaldo Mansion, Kawit, Cavite.
    • Site of the promulgation of the "Code of Kalantiyaw" in Batan, Aklan.

II. Policy on National Shrines

  • Policy Principle: The government aims to preserve National Shrines as sacred and hallowed places, emphasizing their importance in national heritage.
  • Prohibitions:
    • Disturbing the peace and serenity of the National Shrines through acts such as:
      • Digging or excavating.
      • Defacing the premises.
      • Causing unnecessary noise.
      • Committing unbecoming acts.

III. Legal Authority

  • Authority: The decree is issued by Ferdinand E. Marcos, President of the Philippines, based on:
    • His powers as Commander-in-Chief of the Armed Forces.
    • Proclamation No. 1081 and General Order No. 1 issued in September 1972.

IV. Penalties for Violation

  • Consequences: Individuals who violate the provisions of this decree face the following penalties:
    • Imprisonment for a minimum of ten (10) years.
    • A fine of at least ten thousand pesos (₱10,000).
    • The court may impose both fine and imprisonment at its discretion.

V. Effectivity

  • Implementation: The decree is effective immediately upon its issuance.

Key Takeaways

  • Presidential Decree No. 105 designates certain historical sites as National Shrines, highlighting their significance to Filipino heritage.
  • It prohibits any actions that could desecrate these shrines, enforcing strict penalties for violations.
  • The decree reinforces the government's commitment to preserving the legacy of national heroes and significant historical events.

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