Saturday, February 18, 2012

Reclassication of lands is executive function - G.R. No. 161796

G.R. No. 161796

"x x x.

Petitioners’ contention may be accorded some measure of plausibility, except for the fact that it ignores a basic legal principle: that the power to classify or reclassify lands is essentially an executive prerogative,[43] albeit local government units, thru zoning ordinances, may, subject to certain conditions, very well effect reclassification of land use within their respective territorial jurisdiction.[44] Reclassification decrees issued by the executive department, through its appropriate agencies, carry the same force and effect as any statute. As it were, PD 27 and Proclamation 1637 are both presidential issuances, each forming, by virtue of Sec. 3(2), Article XVII of the 1973 Constitution, a part of the law of the land. Sec. 3(2), Art. XVII of the 1973 Constitution provides that:

[A]ll proclamations, orders, decrees, instructions, and acts promulgated, issued or done by the incumbent President shall be part of the law of the land, and shall remain valid, legal, binding and effective even after the lifting of Martial Law or the ratification of this Constitution unless modified, revoked, or superseded by subsequent proclamations, orders, decrees, instructions or unless expressly or impliedly modified or repealed by the regular Batasang Pambansa. (Emphasis supplied.)

x x x."


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