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Lacson-Magallanes Co., Inc. vs. Paño
Lacson-Magallanes Co., Inc. vs. Paño
Lacson-Magallanes Co., Inc. vs. Paño
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3 Yap v. Republic, L-20372, May 14, 1966; Chan v. Republic, L-22352, June 30, 1966.
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himself.—It is correct to say that constitutional powers there are which the
President must exercise in person. Not as correct, however, is it to say that
the Chief Executive may not delegate to his Executive Secretary Acts which
the Constitution does not command that he perform in person, for the
President 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 set-up 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. Where the Executive Secretary acts “by authority of the
President,” his decision is that of the President. Such decision is to be given
full faith and credit by our courts. The assumed authority of the Executive
Secretary is to be accepted. For, only the President may rightfully say that
the Executive Secretary is not authorized to do so. Therefore, unless the
action taken is “disapproved or reprobated by the Chief Executive,” that
remains the act of the Chief Executive, and cannot be successfully assailed.
SANCHEZ, J.:
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1 Special Civil Case No. 2792, Court of First Instance of Davao, Branch II.
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Lacson-Magallanes Co., Inc. vs. Paño
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ident. This Court has recognized this practice in several cases. In
one, the decision of the Lands Director as approved by the Secretary6
was considered superseded by that of the President’s appeal. In
other cases, failure to pursue or resort to this last remedy of appeal
was considered a fatal defect, warranting dismissal
7
of the case, for
non-exhaustion of all administrative remedies.
Parenthetically, it may be stated that the right to appeal to the
President reposes upon8 the President’s power of control over the
executive departments. And control simply means “the power of an
officer to alter or modify or nullify or set aside what a subordinate
officer had done in the performance of his duties 9
and to substitute
the judgment of the former for that of the latter.”
This unquestionably negates the assertion that the President
cannot undo an act of his department secretary.
2. Plaintiff next submits that the decision of the Executive
Secretary herein is an undue delegation of power. The Constitution,
petitioner 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.
It is correct to say that constitutional
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powers there are which the
President must exercise in person. Not
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11 Executive Order 94, October 4, 1947, provides in Sec. 27 : that “[t]he Executive
Secretary xxx shall exercise such powers, functions, and duties as may be assigned to
him by the President from time to time x x x.”
12 Extensive Enterprises vs. Sarbro & Co., supra. See: Pajo vs. Ago, L-15414,
June 30, 1960, and citations at footnote 8 herein. See also: Martin, Revised
Administrative Code, 1962 ed., Vol. III, pp. 868-869.
13 Villena vs. Secretary of Interior, supra, at p. 463. Cf. Ykalina vs. Oricio, 93
Phil. 1076, 1080.
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sailed. No such disapproval or reprobation is even intimated in the
record of this case.
For the reasons given, the judgment under review is hereby
affirmed. Costs against plaintiff. So ordered.
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14 Pozon vs. Executive Secretary (CA.), 55 O.G. No. 18’ pp. 3302, 3305.
1 Article VII, Section 10(1) of the Constitution.
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Secretary of Interior, is not inappropriate. Their reverberating clang,
to paraphrase Justice Cardozo, should drown all weaker sounds.
Thus: “After serious reflection, we have decided to sustain the
contention of the government in this case on the broad proposition,
albeit not suggested, that under the presidential type of government
which we have adopted and considering the departmental
organization established and continued in force by paragraph 1,
section 12, Article VII, of our Constitution, all executive and
administrative organizations are adjuncts of the Executive
Department, the heads of the various executive departments are
assistants and agents of the Chief Executive, and except in cases
where the Chief Executive is required by the Constitution or the law
to act in person or the exigencies of the situation demand that he act
personally, the multifarious executive and administrative functions
of the Chief Executive are performed by and through the executive
departments, and the acts of the secretaries of such departments,
performed and promulgated in the regular course of business, are,
unless disapproved or reprobated by the Chief Executive,
presumptively the acts of the Chief Executive. (Runkle vs. United
States [1887], 122 U.S., 543; 30 Law. ed., 1167; 7 Sup. St. Rep.
1141; see also U.S. vs. Eliason [1839] 16 Pet., 291; 10 Law. ed.,
968; Jones vs. U.S. [1890], 137 U.S. 202; 34 Law. ed., 691; 11 Sup.
Ct. Rep. 80; Wolsey vs. Chapman [1880], 101 U.S. 775; 25 Law. ed.
915; Wilcox vs. Jackson [1836], 13 Pet. 498; 10 Law. ed. 264.)”
The opinion of Justice Laurel continues: “Fear is expressed by
more than one member of this court that the acceptance of the
principle of qualified political agency in this and similar cases would
result in the assumption of responsibility by the President of the
Philippines for acts of any member of his cabinet, however illegal,
irregular or improper may be these acts. The implications, it is said,
are serious. Fear, however, is no valid argument against the system
once adopted, established and operated. Fam-
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