Title
Macatangay vs. Secretary of Public Works and Communications
Case
G.R. No. L-21673
Decision Date
May 16, 1966
Unauthorized constructions by a landowner on a navigable river must be removed, as ruled by the Supreme Court affirming the Secretary of Public Works and Communications' binding findings on navigability.
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Case Digest (G.R. No. L-21673)

Facts:

  • Francisco Macatangay is the petitioner and appellant against the Secretary of Public Works and Communications and Mariano Dilay, the respondents and appellees.
  • On April 14, 1961, Macatangay applied for a temporary agricultural use permit for a 1,200-square-meter parcel of land in Sta. Clara, Batangas.
  • He received the permit on April 17, 1961, valid for one year, expiring on April 16, 1962, after paying a fee of P5.00.
  • Macatangay made improvements to the land, constructing dikes and fillings along the eastern bank of the Sta. Clara River (Pantalan River).
  • On September 5, 1961, Mariano Dilay filed a complaint against Macatangay, claiming his constructions encroached upon the riverbed, violating Republic Act 2056.
  • A hearing was conducted by the Secretary of Public Works and Communications, who determined the river was navigable and that Macatangay's constructions were illegal.
  • The Secretary ordered the removal of the dikes and restoration of the riverbed.
  • After a motion for reconsideration was denied, Macatangay filed a petition for prohibition with a preliminary injunction on February 6, 1962.
  • The Court of First Instance of Batangas granted a preliminary injunction on February 15, 1962, but later denied the petition and dissolved the injunction on March 21, 1963.
  • Macatangay appealed directly to the Supreme Court.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court affirmed that the Sta. Clara River is navigable.
  • The Court ruled that the findings of the Secretary of Public Works and Communications are binding upon the courts in the absence of fraud, collusion, or grave abuse of discretion.
  • ...(Unlock)

Ratio:

  • The Supreme Court emphasized that the determination of navigability is a factual question within the Secretary's purview.
  • The Court referenced the case of Lovina vs. Moreno, establishing that the Secretary's findings under Republic A...continue reading

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