Case Digest: Lacson-Magallanes Co., Inc. vs.

Jose Pao, et. al.

G.R. No. L-27811 ::
Sanchez, J.

27 November 1967

FACTS:
In 1932, Jose Magallanes was a permittee and actual occupant of a 1,103-hectare pasture land situated in Davao. On
1953, Magallanes ceded his rights and interests to a portion of the above public land to the plaintiff. On 1954, the
same was officially released from the forest zone as pasture land and declared agricultural land. On 1955, Jose Pao
and nineteen other claimants applied for the purchase of 90 hectares of the released area. Plaintiff in turn filed its
own sales application covering the entire released area. The Director of Lands, following an investigation of the
conflict, rendered a decision on 1956 giving due course to the application of plaintiff corporation. When the case was
elevated to the President of the Philippines, Executive Secretary Juan Pajo, by authority of the president, declared
that it would be for public interest that appellants, who are mostly landless farmers, be allocated that portion on
which the petitioner have made improvements.
ISSUES:
May the Executive Secretary, acting by authority of the President, reverse a decision of the Director of Lands that had
been affirmed by the Executive Secretary of Agriculture and Natural Resources?
HELD:
YES. The Presidents duty to execute the law and control of all executive departments are of constitutional origin.
Naturally, he controls and directs their acts. Implicit then is his authority to go over, confirm, modify or reverse the
action taken by his department secretaries. It may also be stated that the right to appeal to the President reposes
upon the Presidents power of control over the executive departments. He may delegate to his Executive Secretary
acts which the Constitution does not command that he perform in person. As the Executive Secretary acts by
authority of the President, his decision is that of the Presidents. Such decision is to be given full faith and credit by
our courts, unless disapproved or reprobated by the Chief Executive.