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Central Mindanao University vs. Executive Secretary

CENTRAL MINDANAO UNIVERSITY, Represented by Officer-In-Charge Dr. Rodrigo L. Malunhao, Petitioner, versus THE HONORABLE EXECUTIVE SECRETARY, THE HONORABLE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, THE CHAIRPERSON AND COMMISSIONERS OF THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES, and THE LEAD CONVENOR OF THE NATIONAL ANTI-POVERTY COMMISSION, Respondents

G.R. No. 184869 | 2010-09-21

Republic of the Philippines

SUPREME COURT
Manila
 
EN BANC
 
DECISION

ABAD, J.:

This case concerns the constitutionality of a presidential proclamation that takes property from a state university, over its objections, for distribution to indigenous peoples and cultural communities.

The Facts and the Case

Petitioner Central Mindanao University (CMU) is a chartered educational institution owned and run by the State.[1] 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. Eventually, CMU obtained title in its name over 3,080 hectares of...