Pabico vs. Juico

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Pabico vs. Juico
G.R. No. 79744
July 14, 1989

Emancipation of Tenants: Department of Agrarian Reform

Facts:

The petitioner alleges that the then Secretary of Department of Agrarian Reform, in violation of due process and the requirement for just compensation, placed his landholding under the coverage of Operation Land Transfer. Certificates of Land Transfer were subsequently issued to the private respondents, who then refused payment of lease rentals to him.

On 3 September 1986, the petitioner protested the erroneous inclusion of his small landholding under Operation Land transfer and asked for the recall and cancellation of the Certificates of Land Transfer in the name of the private respondents.

He claims that on 24 December 1986, his petition was denied without hearing.

On 17 February 1987, he filed a motion for reconsideration, which had not been acted upon when E.O. Nos. 228 and 229 were issued. These orders rendered his motion moot and academic because they directly effected the transfer of his land to the private respondents.

Issue:

Whether or not E.O. Nos. 228 and 229 were invalidly issued by the President of the Philippines

Ruling:

The power of President Aquino to promulgate E.O. Nos. 228 and 229, was authorized under Section 6 of the Transitory Provisions of the 1987 Constitution.

The incumbent president shall continue to exercise legislative powers until the first Congress is convened.

Acknowledgement: Prince Fulgado