21 SCRA 895 Political Law Delegation of Control Power to the Executive Secretary

Jose Magallanes was permitted to use and occupy a land used for pasture in Davao. The
said
land
was
a
forest
zone
which
was
later
declared
as
an agricultural zone. Magallanes then ceded his rights to Lacson-Magallanes Co., Inc.
(LMC) of which he is a co-owner.
Jose Pao was a farmer who asserted his claim over the same piece of land. The Director
of Lands denied Paos request. The Secretary of Agriculture likewise denied his petition
hence it was elevated to the Office of the President.
Executive Secretary Juan Pajo ruled in favor of Pao. LMC averred that the earlier decision
of the Secretary of Agriculture is already conclusive hence beyond appeal. He also averred
that the decision of the Executive Secretary is an undue delegation of power. The
Constitution, LMC asserts, does not contain any provision whereby the presidential power
of control may be delegated to the Executive Secretary. It is argued that it is the
constitutional duty of the President to act personally upon the matter.
ISSUE: Whether or not the power of control may be delegated to the Executive Secretary.
HELD: Yes. It is true that as a rule, the President must exercise his constitutional powers in
person. However, the president may delegate certain powers to the Executive Secretary at
his discretion. The president may delegate powers which are not required by the
Constitution for him to perform personally. The reason for this allowance is the fact that
the resident is not expected to perform in person all the multifarious executive and
administrative functions. The office of the Executive Secretary is an auxiliary unit which
assists the President. The rule which has thus gained recognition is that under our
constitutional setup the Executive Secretary who acts for and in behalf and by authority of
the President has an undisputed jurisdiction to affirm, modify, or even reverse any order
that the Secretary of Agriculture and Natural Resources, including the Director of Lands,
may issue.
The act of the Executive Secretary, acting as the alter ego of the President, shall remain
valid until reversed, disapproved, or reprobated by the President. In this case, no
reprobation was made hence the decision granting the land to Pao cannot be reversed.

Browse Our Pages

ABOUT UBER DIGESTS

TERMS OF USE

PRIVACY POLICY

DISCLAIMER

THE LAWYERS OATH

FILIPINOLOSOPHY

PARTNERS

SITEMAP

Featured Articles

Best Jobs To Have While Taking Up Law

How To Digest Cases

Miranda Rights in the Philippines

SWA is a Scam!

The Toughest Bar Exams in the World

Is Love Legally Demandable?

Should the 2015 Bar Exams Be Moved?