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SUPREME COURT REPORTS ANNOTATED VOLUME 031

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Case Title:
J. M. TUASON Co,, INC.,
petitioner-appellee, vs, THE
LAND TENURE
ADMINISTRATION,THE
SOLICITOR GENERAL and THE
AUDITOR GENERAL,
respondents-appellants.
Citation: 31 SCRA 413
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1. wide, in the remotest corners
of the world, because she is
engaged in a huge international
competition of outselling all
others in every available market
of the globe. She would brook no
interference, and sometimes
would respect no international
law to achieve her purposes. She
justifies her acts by invoking the
first law of nature—self-
preservation. The Philippine
Islands today has still an
extensive area of nearly 30
million hectares of public lands of
which but 1/5 have felt the touch
of human hands. The rest are
still lying idle in tropical fertility
which if worked and cultivated
can supply most any of the raw
material needed by any industrial
nation and capable of supplying
the needs of a
2. , that was a day of triumph,
not only for the defenders of the
law, but also for our people and
our posterity. But even then, let
us be frank with ourselves now
and be courageous enough to
admit that there is still much to
be desired with our present law.
To cite just one instance, there
are provisos in Act No. 2874
allowing citizens of countries the
laws of which grant citizens of
the Philippine Islands the same
rights to acquire and lease
public lands, also the right of
leasing or buying public lands in
the Philippines. A clever nation
for example, whose every nook
of her territory, whose every inch
of her public land is already
occupied or has already been
given away to her people might
extend
3. McCulloch v. Maryland [254
Wheat 316 (1819).] that it is
“i d d d f
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VOL. 31, FEBRUARY 4
18, 1970
J. M. Tuason & Co., Inc. v
Land Tenure
Administration
No. L-21064. February 1
1970.
J. M. TUASON & Co,, IN
petitioner-appellee, vs, TH
LAND TENU
ADMINISTRATION,THE
SOLICITOR GENERAL a
THE AUDITOR GENERA
respondents-appellants.
Political l
Constitutional law; Judic
review; That state is s
without its consent as a defe
in action for’ nullity of statute
The power of judicial review
granted, if not expressly,
least by clear implication fr
the relevant provisions of
Constitution. This power m
be exercised when the pa
adversely affected by eithe
legislative or executive act, o
municipal ordinance for- t
matter, files the appropri
suit to test its validity. T
argument then that
government is the adverse pa
and that therefore must cons
to its being sued certainly is
from persuasive.
Same; Same; Same; Pa
in interest in action for nullity
statute passed by Congress
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