Case Digest (G.R. No. L-23178)
Facts:
- Petitioners: Eulogio Datu, Eleuterio Garcia, Macario Torres, Gabriel Lugtu, Felipe Sibug, Reymundo Turla, Melanio Tongol, Herman Nuqui, Ambrocio De Jesus, and Rodolfo Palad.
- Respondent: Ladislao Pasicolan, Presiding Judge of the Second Sala of the Court of First Instance of Pampanga, along with the Municipal Council and Municipal Treasurer of Minalin, Pampanga.
- Date of petition: July 14, 1964.
- Purpose: To nullify orders dated March 17, 1964, and April 16, 1964, which dissolved a preliminary injunction issued on December 12, 1963, in Civil Case No. 2426.
- Background: Petitioners, fishermen in Minalin, had annual licenses to fish using "biacus" nets until December 31, 1963, with renewal rights for 1964.
- Resolution No. 99: Enacted by the Municipal Council, it restricted fishing licenses to the highest bidder after a public auction.
- Auction notice: Issued on November 25, 1963, scheduled for December 16, 1963.
- Petitioners contested the resolution as ultra vires and sought a preliminary injunction, which was initially granted but later dissolved by the court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the petition for certiorari and prohibition without costs, stating that the case had become moot and academic due to t...(Unlock)
Ratio:
- The main prayer of the petitioners was for the renewal of their fishing license...continue reading
Case Digest (G.R. No. L-23178)
Facts:
The case involves a petition for certiorari and prohibition filed by Eulogio Datu, Eleuterio Garcia, Macario Torres, Gabriel Lugtu, Felipe Sibug, Reymundo Turla, Melanio Tongol, Herman Nuqui, Ambrocio De Jesus, and Rodolfo Palad (hereinafter referred to as "petitioners") against Ladislao Pasicolan, in his capacity as Presiding Judge of the Second Sala of the Court of First Instance of Pampanga, along with the Municipal Council and the Municipal Treasurer of Minalin, Pampanga (hereinafter referred to as "respondents"). The petition was filed on July 14, 1964, seeking to nullify the orders of the respondent judge dated March 17, 1964, and April 16, 1964. These orders dissolved a writ of preliminary injunction that had been issued on December 12, 1963, in Civil Case No. 2426, and approved a bond of P5,000.00 filed by the respondents for the dissolution of the injunction. The petitioners, who were fishermen in Minalin, Pampanga, had been granted an annual license to fish using nets known as "biacus" in specific municipal waters until December 31, 1963, with the right to renew their licenses for 1964. However, the Municipal Council of Minalin enacted Resolution No. 99, which withdrew access to public...