TUASON V. RD OF CALOOCAN (REMEDIAL)

The Decree reveals that Mr. Marcos exercised an obviously judicial function. He made a determination of facts and applied the law to those facts, declaring what the legal rights of the parties were in the premises. These acts essentially constitute a judicial function or an exercise of jurisdiction which is the power and authority to hear or try and decide or determine a cause.

These acts may thus be properly struck down by the writ of certiorari because done by an officer in the performance of what in essence is a judicial function, if it be shown that the acts were done without or in excess of jurisdiction, or with grave abuse of discretion. Since Mr Marcos was never vested with judicial power, such power as everyone knows being vested in the Supreme Court and such inferior courts as may be established by law, the judicial acts done by him were in the circumstances indisputably perpetrated without jurisdiction. The acts were completely alien to his office as Chief Executive and utterly beyond the permissible scope of the legislative power that he had assumed as head of the Martial Law regime.

PD 293 wherefore is declared to be unconstitutional and void ab initio in all its parts.