23. LACSON-MAGALLANES CO., INC.

,
v.
JOSE PAÑO
G.R. No. L-27811 November 17, 1967

FACTS:

Jose Magallanes was a permittee and actual occupant of a 1,103-hectare pasture

land situated in Tamlangon, Municipality of Bansalan, Province of Davao in 1932. In
1953, he ceded his rights and interests to a portion of the said public land to the
plaintiff. In 1954, the portion Magallanes ceded to the plaintiff was officially released
from the forest zone as pasture land and was declared as agricultural land.
In 1955, Paño and the nineteen others, applied for the purchase of ninety (90)
hectares of the area. In turn, the plaintiff filed its own sales application covering the
entire released area. In 1956, the Director of Lands, following an investigation of the
conflict, rendered a decision giving due course to the application of plaintiff corporation
and it was affirmed by the Secretary of Agriculture and Natural Resources in 1957.
The case was then elevated to the President of the Philippines and in 1958,
Executive Secretary Juan Pajo,by the authority of the President, decided the
controversy and declared that "it would be for the public interest that appellants, who
are mostly landless farmers who depend on the land for their existence, be allocated
that portion on which they have made improvements ".

ISSUE:

Whether or not the Executive Secretary, acting by authority of the President,

may reverse the decision made by the Director of Lands that had been affirmed by the
Secretary of Agriculture and Natural Resources.

RULING:

YES. Article VII of the Constitution, begins with the principle that the executive
power shall be vested in a President of the Philippines. Moreover, the President has the
duty to execute the law and have the control of all executive departments. Hence,
based on the Constitution, the President may delegate his powers to his Executive
Secretary. The said act of the Executive Secretary is presumptively the act of the
President and the said decision is given full credit unless disapproved by the President.
 24. CITY OF ILIGAN
v.
DIRECTOR OF LANDS
G.R. No. L-30852 February 26, 1988

 FACTS:

In 1952, the President issued Proclamation No. 335 withdrawing certain parcels
of public land in Iligan City from sale or settlement and reserving such for the use of
National Power Corporation (NPC). NPC then constructed a fertilizer plant known as
Maria Cristina Fertilizer Plant under the same proclamation. In 1960, NPC sold the
fertilizer plant to Marcelo Tire and Rubber Corporation with all the machineries,
equipment, buildings, quarters, structures, etc. including the right of occupancy and use
of the land. Moreover, the NPC covenanted to collaborate with the Department of
Agriculture and Natural Resources (DANR) in facilitating the outright sale and/or right to
lease for at least 25 years, renewable for another 25 year, the lands where the plant is
located. Proclamation No. 20 and Proclamation 198 were issued. The first, excluding
from the operation of Proclamation No. 335, certain areas occupied by the Plant and
the Employees Housing Compound declaring the same open to disposition under the
provisions of Public Land Act. The second, changing the technical description of said
excluded areas (six lots). In 1964, the Marcelo Steel Corporation and/or the Maria
Cristina Fertilizer Plant filed a Miscellaneous Sales Application in the Bureau of Lands.
Marcelo Tire and Maria Cristina Plant are sister corporations and the purchaser was
Marcelo Tire (another sister corporation) while the Marcelo Steel operated and
managed the plant.

In the notice of sale of public lands issued in Manila, the Director of lands
advised the public that the Bureau of Lands of Iligan City will sell the lands of Marcelo
Steel in an auction. The President then issued Proclamation 469 excluding from the
reservation made in favor to NPC certain lands in Iligan (Lot 1, 1-a, 3, and 4) and
donating the said lands in favor of Iligan City. The Mayor of Iligan City then wrote to
the Director of Lands informing him that the City is the owner of the said lands and
foreshores in auction. No action was taken on the said request hence the City filed a
complaint for injunction in the Court of First Instance (CFI) against the Director of
Lands and was temporarily issued. While the case was pending, President Marcos
issued Proclamation 94, excluding from the donation in Proclamation 469 certain lands
(Lot 1-a, 2-a, and 3) and declaring the same for open disposition. CFI then dismissed
the complaint of the City and dissolved the injunction, hence this appeal.

ISSUE:

Whether or not the President of the Philippines has the authority to grant a
portion of public domain to the City of Iligan.

RULING:

YES. Under Section 60 of Public Land Act provides that portions of land can be
disposed of by grant, donation or transfer made to a province, municipality, branch, or
subdivision of government for purposes conducive to public interest. Even though the
Secretary of Agriculture and National Resources through Director of Lands, the
President has the capacity to control or direct the acts of the Director/Secretary. Under
Article VII, Sec. 17, the President shall control all executive departments, bureaus, and
offices. Therefore, the President has the same authority to dispose of the portions of
public domain. From this, the questioned Proclamation 469 is valid and binding and the
Proclamation 94 is null and void. The decision of CFI is Reversed.

25. GASCON
v.

ARROYO

G.R. No. 78389 October 16, 1989

FACTS:

The Lopez family is the owner of two (2) television stations, namely: Channels 2
and 4 which they have operated through the ABS-CBN Broadcasting Corporation.

On September 21, 1972, when martial law was declared, TV Channel 4 was
closed by the military and its facilities were taken over by the Kanlaon Broadcasting
System (KBS) which operated it as a commercial TV station. Then, the said TV station
and its facilities were taken over by the National Media Production Center (NMPC),
which operated it as the Maharlika Broadcasting System TV 4 (MBS-4) in 1978.

After EDSA revolution (February 1986), the Presidential Commission on Good

Government (PCGG) sequestered the aforementioned TV Stations, thus the Office of
Media Affairs took over the operation of TV Channel 4.

On April 17, 1986, the Lopez family requested President Aquino to order the
return to them TV Stations 2 and 4. On October 18, 1986, PCGG approved the return of
TV Station Channel 2 to the family.

Lopez family then requested for the return of TV Station Channel 4 and upon the
request, respondent Executive Secretary, by authority of the President, entered into
with the ABS-CBN Broadcasting Corporation, represented by its President, Eugenio
Lopez, Jr., an "Agreement to Arbitrate". Arbitration Committee was then created.

ISSUE1:

Whether or not the Executive Secretary had the power and authority to enter
into the “Agreement to Arbitrate” with ABS-CBN Broadcasting Corporation.

RULING:

YES. The President exercised both legislative and executive powers of the
government wherein the administrative functions of the President is performed by and
through the executive departments. The Executive Secretary entered into the
“Agreement to Arbitrate” acted in behalf of the President of the Philippines. Hence, the
agreement is valid and binding.

1
The court dismissed the case because the petitioners did not have a legal standing.