Case Digest (G.R. No. L-21064)
Facts:
J.M. Tuason & Co., Inc. v. The Land Tenure Administration, The Solicitor General and The Auditor General, G.R. No. L-21064, February 18, 1970, the Supreme Court En Banc, Fernando, J., writing for the Court.Petitioner J.M. Tuason & Co., Inc. owned the Tatalon Estate (about 109 hectares) in Quezon City, covered by particular Torrens titles. On August 3, 1959, Republic Act No. 2616 (as later amended by R.A. No. 3453) took effect without executive approval; Section 1 expressly authorized the expropriation of the Tatalon Estate, Section 2 directed the Solicitor General or other authority to institute expropriation proceedings upon appropriation of funds, and Section 3 provided for sale at cost to present bona fide occupants. On November 15, 1960 the Executive Secretary directed the Land Tenure Administration to institute expropriation proceedings; on November 17, 1960 petitioner filed in the Court of First Instance (Quezon City) a special civil action for prohibition with preliminary injunction challenging the statute’s validity and seeking to enjoin respondents from instituting expropriation proceedings.
The trial court (Court of First Instance, Quezon City) granted a preliminary injunction on November 18, 1960 upon a P20,000 bond and, after trial, on January 10, 1963 rendered judgment holding R.A. No. 2616 (as amended) unconstitutional and granting the writ of prohibition permanently. Respondents (Land Tenure Administration, Solicitor General, Auditor General) appealed to the Supreme Court. The Supreme Court En Banc reviewed the issues de novo and announced judgment on February 18, 1970 reversing the lower court; Justice Fernando wrote the principal opinion. Sep...(Subscriber-Only)
Issues:
- Is the special civil action for prohibition against respondents barred because it is in effect a suit against the State requiring the State’s consent, or because the Executive Secretary was not impleaded?
- Does Congress have constitutional authority under Article XIII, Section 4 to authorize, upon payment of just compensation, the expropriation of lands to be subdivided into small lots and conveyed at cost to individuals, including authorizing expropriation of a particular parcel such as the Tatalon Estate?
- If Congress has such authority, must judicial review nonetheless inquire whether the taking is for public use and whether just compensation and due process requirements have been observed?
- Does Republic Act No. 2616 (as amended) violate the equ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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