Case Digest (G.R. No. 249238) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On June 18, 1935, the Provincial Fiscal of Cavite filed an information against Augusto A. Santos for violation of Section 28 of Fish and Game Administrative Order No. 2, as penalized by Section 29 thereof. The information alleged that on or about April 29, 1935, within 1,500 yards north of Cavalry Point, Corregidor Island (Province of Cavite, P.I.), Santos, as registered owner of the motor launches *Malabon II* and *Malabon III*, willfully and unlawfully employed his fishermen to fish, loiter, and anchor within three kilometers of Corregidor’s shoreline—territory under United States naval and military jurisdiction—without obtaining the written permission required from the Secretary of Agriculture and Commerce. Upon arraignment before the Court of First Instance of Cavite, defense counsel invoked an earlier ruling that the applicable penalty under Section 83 of Act No. 4003 fell within the original jurisdiction of the justice of the peace. The trial court agreed and, noting that Case Digest (G.R. No. 249238) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Procedural Background
- On June 18, 1935, the Provincial Fiscal of Cavite filed an information against Augusto A. Santos for violating Section 28 of Fish and Game Administrative Order No. 2, penalized by Section 29 thereof.
- At arraignment in the Court of First Instance (CFI) of Cavite, defense counsel moved to remand the case to the Justice of the Peace (JP) Court of Cavite, citing a prior ruling that the penalty falls under Section 83 of Act No. 4003 within the original jurisdiction of the JP.
- The CFI held that, since the alleged infraction occurred within the waters of Corregidor Island, the proper forum was the JP Court of Corregidor, not Cavite, and dismissed the case with costs, cancelling the bond and permitting refiling in the JP of Corregidor.
- Substantive Allegations
- Santos, as registered owner of motor launches Malabon II and Malabon III, allegedly ordered his fishermen to fish, loiter, and anchor within three kilometers of Corregidor Island’s shore—territory under U.S. naval and military jurisdiction—without written permission from the Secretary of Agriculture and Commerce.
- The charge was founded on the “conditional clause” of Section 28, which purported to prohibit unlicensed boats from fishing within the specified zone unless they obtained written permission from the Secretary upon recommendation of U.S. authorities.
- Legal Framework
- Section 28 of Administrative Order No. 2 (Fish and Game) forbade licensed boats from fishing within three kilometers of shorelines under U.S. military control and, by proviso, allowed unlicensed boats to do so only with written permission from the Secretary of Agriculture and Commerce.
- Section 4 of Act No. 4003 empowered the Secretary of Agriculture and Natural Resources to issue “instructions, orders, rules and regulations consistent with this Act” to carry its provisions into effect.
Issues:
- Jurisdiction
- Whether the CFI of Cavite had original jurisdiction over the offense or whether jurisdiction lay exclusively with the JP Court of Corregidor.
- Validity of Delegated Authority
- Whether the Secretary of Agriculture and Commerce, under Section 4 of Act No. 4003, validly promulgated the conditional clause in Section 28 of Administrative Order No. 2 or exceeded his regulatory powers by legislating a new prohibition.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)