Case Digest (G.R. No. 246088) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Nagkakaisang Maralita ng Sitio Masigasig, Inc. v. Military Shrine Services (710 Phil. 317, June 5, 2013), the petitioners are informal settler organizations occupying portions of Fort Bonifacio (formerly Fort William McKinley) in Barangays Lower Bicutan, Upper Bicutan, Signal Village and Western Bicutan, Metro Manila. On July 12, 1957, President Carlos P. Garcia issued Proclamation No. 423 reserving these lands for military purposes. On May 28, 1967, President Ferdinand E. Marcos issued Proclamation No. 208, carving out the Libingan ng mga Bayani as a national shrine under the Philippine Veterans Affairs Office. On January 7, 1986, President Marcos further amended Proclamation No. 423 through Proclamation No. 2476, excluding Bicutan barangays from reservation for disposition under R.A. 274 and R.A. 730. A handwritten postscript by President Marcos purported to include Western Bicutan, but this addendum was omitted upon publication in the Official Gazette on February 3, 1986. Case Digest (G.R. No. 246088) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Reservation and Reclassification of Fort Bonifacio
- On 12 July 1957, Proclamation No. 423 by President Garcia reserved parcels in Pasig, Taguig, Parañaque, Rizal and Pasay City as Fort William McKinley (later Fort Andres Bonifacio).
- On 28 May 1967, Proclamation No. 208 amended Proclamation No. 423, excluding a tract now known as Libingan ng mga Bayani under the Philippine Veterans Affairs Office (MSS–PVAO).
- Further Amendments and Publication Issues
- On 7 January 1986, Proclamation No. 2476 (by President Marcos) excluded Lower Bicutan, Upper Bicutan, and Signal Village from Fort Bonifacio for disposition under R.A. Nos. 274 and 730, with a handwritten addendum “this includes Western Bicutan” not published in the Official Gazette on 3 February 1986.
- On 16 October 1987, Proclamation No. 172 (by President Aquino) reiterated Proclamation No. 2476 as published but excluded only Lots 1 and 2 of Western Bicutan; implemented same day by Memorandum Order No. 119.
- Administrative Proceedings and Court Decisions
- Brig. Gen. Bautista’s General Order No. 1323 created Task Force Bantay to prevent further illegal occupation of Fort Bonifacio.
- On 27 August 1999, NMSMI filed COSLAP Case No. 99-434 for reclassification of Lot 3, Western Bicutan; on 1 September 2000, WBLOAI intervened for Lot 7.
- On 1 September 2006, COSLAP resolved in favor of petitioners, holding the handwritten addendum integral to Proclamation No. 2476; Associate Commissioner Aguilar-General dissented (publication indispensable; no authority to supply omitted text).
- MSS–PVAO’s motion for reconsideration was denied on 24 January 2007.
- On 29 April 2009, the Court of Appeals granted MSS–PVAO’s petition, reversed COSLAP’s resolutions, and dismissed NMSMI’s and WBLOAI’s petitions.
- Both NMSMI and WBLOAI filed separate Rule 45 petitions to the Supreme Court.
Issues:
- Issues Raised by NMSMI
- Whether the CA erred in ruling Proclamation No. 2476 did not include Western Bicutan because the handwritten addendum was not published.
- Whether the CA erred in holding Proclamation No. 172 likewise excluded petitioner’s area.
- Whether the CA erred in not recognizing COSLAP’s broad powers to recommend innovative measures for land settlement.
- Issue Raised by WBLOAI
- Whether the CA erred in holding the subject property was not alienable and disposable under Proclamation No. 2476 because President Marcos’s handwritten addendum was omitted from the publication.
- Principal Issue
- Whether the handwritten addendum to Proclamation No. 2476 has the force and effect of law despite its non-publication.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)