Lacson-Magallanes Co., Inc. v. Pano

Lacson-Magallanes Co., Inc. v. Pano

G.R. No. L-27811 November 17, 1967

Sanchez, J.

Facts:

                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 LMC of which he is a co-owner. Paňo was a farmer who asserted his claim over the same piece of land. The Director of Lands denied Paňo’s request. The Secretary of Agriculture likewise denied his petition hence it was elevated to the Office of the President. Exec Sec Pajo ruled in favor of Paňo. LMC averred that the earlier decision of the Secretary 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 and whether it can be further delegated by the Executive Secretary

Held:

                The President's duty to execute the law is of constitutional origin. So, too, is his control of all executive departments. Thus it is, that department 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, modify or reverse the action taken by his department secretaries. In this context, it may not be said that the President cannot rule on the correctness of a decision of a department secretary. Parenthetically, it may be stated that the right to appeal to the President reposes upon 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 and to substitute the judgment of the former for that of the latter."

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. Reason is not wanting for this view. 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 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.