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CMU vs. Exec Secretary: Land Proclamation Case

Central Mindanao University (CMU) filed a petition seeking to invalidate Presidential Proclamation 310, which reclaimed 670 hectares of CMU's registered lands for indigenous peoples. The court ruled Presidential Proclamation 310 was unconstitutional, as the lands had been vested to CMU since 1958 when they were reserved as the university's site, and reclaiming them in 2003 violated the Indigenous Peoples' Rights Act. The character of the lands made them inalienable for CMU's long-term functions in agricultural education and research. Therefore, Presidential Proclamation 310 was declared null and void.

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96 views7 pages

CMU vs. Exec Secretary: Land Proclamation Case

Central Mindanao University (CMU) filed a petition seeking to invalidate Presidential Proclamation 310, which reclaimed 670 hectares of CMU's registered lands for indigenous peoples. The court ruled Presidential Proclamation 310 was unconstitutional, as the lands had been vested to CMU since 1958 when they were reserved as the university's site, and reclaiming them in 2003 violated the Indigenous Peoples' Rights Act. The character of the lands made them inalienable for CMU's long-term functions in agricultural education and research. Therefore, Presidential Proclamation 310 was declared null and void.

Uploaded by

Jan Michael Lapuz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd

G. R. NO.

1 84869
Central Mindanao University
v.
Executive Secretary, et al.
The Facts
Petitioner Central Mindanao University (CMU) is a
chartered educational institution owned and run by the
State.
In 1958, the President issued Presidential Proclamation
476, reserving 3,401 hectares of lands of the public
domain in Musuan, Bukidnon, as school site for CMU.
Forty-five years later or on January 7, 2003 President
Gloria Macapagal-Arroyo issued Presidential
Proclamation 310 that takes 670 hectares from CMUs
registered lands for distribution to indigenous people
and cultural communities in Barangay
Musuan,Maramag, Bukidnon.
CMU filed a petition for prohibition against
respondents Executive Secretary, et al., seeking to
stop the implementation of Presidential
Proclamation 310 and have it declared
unconstitutional.
The RTC ruled that Presidential Proclamation 310
was constitutional, being a valid State act. The RTC
said that the ultimate owner of the lands is the State
and that CMU merely held the same in its behalf.

The Issue



Whether or not Presidential Proclamation 310 is
valid and constitutional.
The Ruling of the Court
In making the decision for the case at bar, the Court cited
the case of CMU v. Department of Agrarian Reform
Adjudication Board (DARAB).
The DARAB, a national government agency charged with
taking both privately-owned and government-owned
agricultural lands for distribution to farmers-
beneficiaries, ordered the segregation for this purpose of
400 hectares of CMU lands. The Court nullified the
DARAB action considering the inalienable character of
such lands, being part of the long term functions of an
autonomous agricultural educational institution.

When Congress enacted the Indigenous Peoples Rights
Act (IPRA) or Republic Act 8371
[9]
in 1997, it provided in
Section 56 that property rights within the ancestral
domains already existing and/or vested upon its
effectivity shall be recognized and respected. In this
case, ownership over the subject lands had been vested in
CMU as early as 1958. Consequently, transferring the
lands in 2003 to the indigenous peoples around the area
is not in accord with the IPRA.
Presidential Proclamation 310 is declared null and void
for being contrary to law and public policy.
Summary

The education of the youth and agrarian reform are
admittedly among the highest priorities in the
government socio-economic programs. In this case,
neither need give way to the other.
Thus, the lands by their character have become
INALIENABLE from the moment President Garcia
dedicated them for CMUs use in scientific ad
technological research in the field of agriculture. They
have ceased to be alienable public lands through a
valid act of reclassification.

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