Supreme Court ruled that a return of property decision is constitutive, not declaratory, and does not block ex tunc land use rights.

The Supreme Court allowed the extraordinary review, clarifying that a decision to return property is constitutive and effective only from its issuance date. The court distinguished this from the declaratory nature of decisions converting management rights to perpetual use, which have retroactive effect. Consequently, the return proceedings did not constitute a preliminary issue under the Administrative Procedure Code, as the land use right existed retroactively from 1990.