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Myla Ruth N.

Sara

Tuason v. Register of Deeds

FACTS:

Petitioners bought in 1965 from Carmel Farms Inc. a piece of land in Caloocan City
by virtue of which they were issued a title in their names and they took possession
of their property. In 1973, President Marcos, exercising martial law powers, issued
PD 293 cancelling the certificates of titles of Carmel Farms and declaring the lands
covered to be open for disposition and sale to members of the Malacañang
Association Inc.

ISSUE: W/N the President has the power to cancel certificates of titles

HELD:

The Decree reveals that Mr. Marcos exercised an obviously judicial function. Since
he was never vested with judicial power -- such power, as everyone knows, being
vested in the SC and such inferior courts as may be established by law -- the judicial
acts done by him were under the circumstances alien to his office as chief
executive.

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