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LACSON- MAGALLANES Co., Inc.

vs PAO Facts: In 1932, Jose Mgallanes was a permittee and actual occupant in Tamlangon, Bansalan, Davao. On January 1953, he ceded his rights and interests to a portion (392. 7569 hectares) of the public land to Lacson- Magallanes, Inc. On April 1954, the portion was officially released from the forest zone as pasture land and declared agriculturalland. On Jan 1955, Jose Pano and other 19 claimants applied for the purchase of 90 hectares of the released area. On March 1955, Lacson- Magallanes Co. filed its own sales pplication covering the entire released area. This was protested by Jose Pano and his 19 companion upon the avermentthet they are actual occupants of thye part thereof covered by their own sales application. On July 1956, the Dir of Lands rendered a decision. It gave due course to the application of plaintiff corporation and then dismissed the calim of Pano and his companions. A move to reconsider failed. On July 1957, the Sec of Agriculture and Natural Resources held that the appeal was without merit and dismissed the same. The case was elevated to the Pres of the Philippines. On June 1958, Exec Sec Juan Pajo reversed the decision of Dir of Lands. Issue: May the Executive Secretary, acting by authority of the President reverse a decision of the Director of Lands that had been affirmed by the Secretary of Agriculture and Natural Resources. Held: Yes. The Presidents duty to execute the law is of constitutional origin. So, too, is his control of all executive departments. Thus, it is, that dept heads are men of his confidence. His is the power to appoint them; his too, is the privilege to dismiss them at pleasure. Naturally, he controls and directs their acts. Implicit then is his authority to go over, confirm, confirm, modify or reverse the action taken by his dept secretaries. In this context, it may not be said that the President cannot rule on the correctness of a decision of a department secretry.

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