Municipality of San Juan v.

Court of Appeals
G.R. No. 125183
September 29, 1997
MELO, J.:
DESCRIPTION OF THE CASE:
This case is about the legality of then President Aquino's proclamation.
STATEMENT OF FACTS:
February 17, 1978, then President Ferdinand Marcos issued
Proclamation No. 1716 reserving for the Municipal Government Center Cite,
purposes certain parcels of land for the Municipality of San Juan, Metro
Manila
The said land was occupied by informal settlers, thus leading the
Municipality of San Juan to buy land in Taytay to resettle them. After they
were resettled San Juan began constructing its government center by
constructing the INP building which serves a venue for different government
offices.
On October 6, 1987, after congress has already convened, then
President Aquino issued proclamation No. 164, amending proclamation No.
1716. Proclamation No. 165 orders that the parcels of land not used for
government center sites be excluded in its operation.
The Corazon de Jesus Homeowners Association, inc. were residents on
the plot of land which was allotted for the Municipality of San Juan. They
were being removed by the Municipality of San Juan due to projects that
were to be done.
Despite the fact that the court decided that they were to remove
themselves from the said location, the homeowners association hired a
private surveyor to make consolidation-subdivision plans in the land in
question, and also submitting the same to the Department of Environment
and Natural Resources (DENR) in connection with their application for a grant
under Proclamation No. 164.
STATEMENT OF THE CASE:
The Corazon de Jesus Homeowners Association, inc. (CJHAI) filed a
petition before the Regional Trial Court (RTC) of the Capital Judicial Region for
prohibition with urgent prayer for restraining order against Municipal Mayor
and Engineer of San Jan and the Curator of Pinaglabanan Shrine. The RTC

dismissed the petition since the land was used for government purposes,
hence the conditions Proclamation No. 164 is absent.
CJHAI filed an appeal before the Court of Appeals (CA) which was then
dismissed, it became final and executory.
The Municipality of San Juan then filed a petition before the Regional
Trial Court to prevent the DENR to award parcels of land to the CJHAI, which
the RTC sustained.
The CA then reversed its decision, hence the petiton.
ISSUE:
Whether or not Proclamation No. 164 is constitutional.
RULING:
Petition is GRANTED, decision of the CA is SET ASIDE.
The petitioners' contention of RES JUDICATA is of merit due to the fact
that the prior decision of the CA was already final and executory. The basic
elements of res judicata was undeniably accomplished where in the
requirements are the ff:
(a) the former judgement must be final
(b) the court which rendered it had jurisdiction over he subject matter and the
parties;
(c) it must be a judgement on merits; and
(d) there must be between the first and second actions identity of parties,
subject matter, and cause of action
In addition to this which is of more importance is that Proclamation No. 164 was issued by
then President Aquino where the congress was already reinstated. There is an obvious
breach of separation of powers between the executive and legislative, hence it is
unconstitutional. It is also a fact that during the period which Marcos implemented
Proclamation No. 1716 he had the capacity to legislate which renders his proclamation a
valid act of legislation.

DISPOSITIVE PORTION:
WHEREFORE, the appealed decision of the Court of Appeals is here y SET
ASIDE. Public respondent Department of Environmental and Natural
Resources is hereby permanently ENJOINED form enforcing Proclamation No.
164.
SO ORDERED.