Salvador H. Laurel, petitioner, vs. Ramon Garcia, as head of the Asset
Privatization Trust, Raul Manglapus, as Secretary of Foreign Affairs, and Catalino
Macaraig, as Executive Secretary, respondents.
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Facts: The subject property in this case is one of the 4 properties in Japan
acquired by the Philippine government under the Reparations Agreement entered
into with Japan, the Roppongi property. The said property was acquired from the
Japanese government through Reparations Contract No. 300. It consists of the
land and building for the Chancery of the Philippine Embassy. As intended, it
became the site of the Philippine Embassy until the latter was transferred to
Nampeidai when the Roppongi building needed major repairs. President Aquino
created a committee to study the disposition/utilization of Philippine
government properties in Tokyo and Kobe, Japan. The President issued EO 296 entitling
non-Filipino citizens or entities to avail of separations' capital goods and
services in the event of sale, lease or disposition.
Ruling: It is not for the President to convey valuable real property of the
government on his or her own sole will. Any such conveyance must be authorized
and approved by a law enacted by the Congress. It requires executive and
legislative concurrence. It is indeed true that the Roppongi property is
valuable not so much because of the inflated prices fetched by real property in
Tokyo but more so because of its symbolic value to all Filipinos, veterans and
civilians alike. Whether or not the Roppongi and related properties will
eventually be sold is a policy determination where both the President and
Congress must concur. Considering the properties' importance and value, the
laws on conversion and disposition of property of public dominion must be
faithfully followed.
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