TUASON VS CALOOCAN, G.R. No. 70484 January 29, 1988
Facts:
Petitioner-spouses, the Tuasons, purchased a piece of land from Carmel Farms, Inc. (Carmel) in 1965. In virtue of this sale, Carmel's Torrens title was cancelled and the Tuasons were issued a new title. In 1973, the Tuasons were given notice that they no longer own the property and it has been declared open for disposition and sale to the members of the Malacanang Homeowners Assoc. This is in accordance with PD 293 declaring that all sale contracts between the government and original purchasers (including Carmel) are cancelled and sale contracts between the latter and transferees and any other transfers are declared invalid, null and void ab initio. The spouses filed this petition assailing the constitutionality of the decree and that such decree is in violation of the Land Registration Act.
Issue: Whether or not PD 293 is valid
Held:
No. PD 293 reveals that President Marcos exercised a judicial function when he made determination of facts and applied the law to those facts. It was shown that the acts were done with grave abuse of discretion amounting to lack or in excess of jurisdiction - exercising judicial power not vested to him by the Constitution. The petitioners were also deprived of their rights to due process in the exercise of the power of eminent domain. Thus, the acts were not only unconstitutional becuase of th also in violation of the right to due process to which the petitioners are entitled in virtue of the Constitution
Petitioner-spouses, the Tuasons, purchased a piece of land from Carmel Farms, Inc. (Carmel) in 1965. In virtue of this sale, Carmel's Torrens title was cancelled and the Tuasons were issued a new title. In 1973, the Tuasons were given notice that they no longer own the property and it has been declared open for disposition and sale to the members of the Malacanang Homeowners Assoc. This is in accordance with PD 293 declaring that all sale contracts between the government and original purchasers (including Carmel) are cancelled and sale contracts between the latter and transferees and any other transfers are declared invalid, null and void ab initio. The spouses filed this petition assailing the constitutionality of the decree and that such decree is in violation of the Land Registration Act.
Issue: Whether or not PD 293 is valid
Held:
No. PD 293 reveals that President Marcos exercised a judicial function when he made determination of facts and applied the law to those facts. It was shown that the acts were done with grave abuse of discretion amounting to lack or in excess of jurisdiction - exercising judicial power not vested to him by the Constitution. The petitioners were also deprived of their rights to due process in the exercise of the power of eminent domain. Thus, the acts were not only unconstitutional becuase of th also in violation of the right to due process to which the petitioners are entitled in virtue of the Constitution
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