MUNICIPALITY OF SAN JUAN, METRO MANILA v.

COURT OF APPEALS,
GR No. 125183 (September 29, 1997), Melo J.

Facts:

In February 1978, President Marcos issued Proclamation No. 1716 reserving for
Municipal Government Center Site Purposes certain parcels of land of the public domain located
in the Municipality of San Juan, Metro Manila. The land covered by the proclamation was
occupied by squatters who were then relocated to give way to the construction of a PNP
Headquarters, a Fire Station, an MTC, and other government buildings. On October 6, 1987,
after Congress was convened (July 26, 1987), President Aquino issued Proclamation No. 164
amending Proclamation No. 1716, excluding from its operation the parcels of land not being
utilized for government purposes but occupied for residential purposes and declaring those lands
open to disposition under the provisions of the Public Land Act.

Respondent Corazon de Jesus Homeowners Association Inc., filed with the RTC of Pasig
a petition for prohibition and prayer for restraining order against the municipality from removing
or demolishing the houses of association members who were claiming that the lots they occupied
have been awarded to them by Proclamation No. 164. RTC DISMISSED the petition on the
ground that property in question is being utilized by the municipality and hence the condition in
Proclamation No. 164 is absent. Subsequent appeal to CA was also DISMISSED.

But despite decision, private respondent hired a surveyor to make plans regarding the
subdivision and submitted it to DENR for application of grant under Proclamation No. 164.
Thus petitioner filed a petition for prohibition with prayer for issuance of a temporary restraining
order against respondents. RTC SUSTAINED petitioner but CA REVERSED the decision.
Hence, this petition for review on certiorari.

Issue/s:

Whether or not respondents Corazon de Jesus Homeowners Association and DENR has a
claim of the land they believe is awarded to them on the basis of President Aquino’s
Proclamation No. 164, which amended President Marcos’ Proclamation No. 1716?

Ruling:

Proclamation No. 1716 issued by late President Marcos is within the due exercise of the
legislative power vested upon him. Being a valid act of legislation, said proclamation may only
be amended by an equally valid act of legislation.

Proclamation No. 164 is not valid. President Aquino took the reigns of power under a
revolutionary government which promulgated the Provisional/Freedom Constitution. This
Constitution gave the President exercise of legislative power but only until a legislature is elected
and convened under a new constitution. When the 1987 Constitution was ratified and Congress
was convened on July 26, 1987, President Aquino lost this legislative power. Proclamation No.
164 was issued on October 6, 1987 when legislative power was already solely on Congress.
Hence there is a clear usurpation of legislative power by the executive branch. This Court
cannot allow such disregard so we take this exception from the usual practice of not entertaining
constitutional questions unless they are specifically raised, insisted upon, and adequately argued.

We therefore hold that the issuance of Proclamation No. 164 was an invalid exercise of
legislative power. Said proclamation is hereby declared NULL and VOID. Appealed decision to
CA is SET ASIDE. DENR is ENJOINED from enforcing Proclamation No. 164.