Case Digest (G.R. No. L-21673)
Facts:
On April 14, 1961, Francisco Macatangay, Petitioner and Appellant, applied for temporary agricultural use of 1,200 square meters in Sta. Clara, Batangas and on April 17, 1961 received a one‑year permit; he thereafter constructed dikes and fillings on the eastern bank of the Sta. Clara river. On September 5, 1961 Mariano Dilay, Respondent and Appellee, filed a complaint with The Secretary of Public Works and Communications alleging violation of Republic Act 2056 by encroachment into the public navigable river; the Secretary, after notice and hearing, found the river navigable and ordered removal on November 29, 1961. Francisco Macatangay petitioned for prohibition with preliminary injunction in the Court of First Instance of Batangas; the court issued then dissolved the injunction and denied relief on March 21, 1963, and the matter was appealed to this Court.Issues:
- Is the Sta. Clara river navigable in fact for purposes of Republic Act 2056?
- Are the findings of fact of The S
Case Digest (G.R. No. L-21673)
Facts:
- Background of the dispute
- Francisco Macatangay applied with the Bureau of Lands on April 14, 1961 for temporary agricultural use of a 1,200-square-meter land in Sta. Clara, Batangas.
- The Bureau of Lands issued a permit fee on April 17, 1961 good for one year expiring on April 16, 1962 upon payment of P5.00.
- Francisco Macatangay constructed dikes and fillings on the eastern bank of the Sta. Clara river (also called the Pantalan river) as improvements to his adjoining fishpond.
- Administrative complaint and disposition
- A complaint for alleged violation of Republic Act 2056 was filed on September 5, 1961 with the Secretary of Public Works and Communications by Mariano Dilay, barrio lieutenant, on behalf of the barrio people, charging that the dikes and fillings encroached into the riverbed and prejudiced the public.
- After notice and hearing, the Secretary of Public Works and Communications found on November 29, 1961 that the river was navigable, used by the public for passage and fishing, and that Francisco Macatangay’s dikes and fillings encroached into the public navigable river in violation of Republic Act 2056, and ordered removal of the constructions and restoration of the encroached areas.
- Francisco Macatangay filed a motion for reconsideration which the Secretary denied.
- Judicial proceedings in the Court of First Instance and appeal
- Francisco Macatangay filed a petition for prohibition with preliminary injunction in the C...(Subscriber-Only)
Issues:
- Legal issues presented for resolution
- Whether the Sta. Clara river was navigable as a matter of fact or law for purposes of Republic Act 2056.
- Whether the determination of navigability by the Secretary of Public Works and Communications is a question of fact or of law.
- Whether the findings of fact of the Secretary of Public Works and Communica...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)