Case Digest (G.R. No. 89554)
Facts:
Juanito A. Rosario v. The Hon. Court of Appeals, and Alejandro Cruz, G.R. No. 89554, July 10, 1992, Supreme Court First Division, Grino-Aquino, J., writing for the Court.Petitioner Juanito A. Rosario was a sublessee occupying a portion of Lot 3, Block 3 (later subdivided into Lots 3‑A, 3‑B and 3‑C) of the former Teresa Estate II in Sampaloc, Manila. Private respondent Alejandro Cruz was the original lessee of the area who built a house thereon in 1958 and subsequently sublet the part now identified as Lot 3‑A to Rosario for a nominal rent. The City of Manila, through its City Tenants Security Commission under its "Land for the Landless Program," subdivided Lot 3 and accepted applications for purchase; on June 24, 1977 the Commission awarded Lot 3‑A to Rosario and Lot 3‑C to Cruz.
Cruz protested the award to Rosario, arguing that Rosario as a mere sublessee could not be a “bona fide occupant” entitled to priority; following investigation the Commission issued Resolution No. 018‑78 (Dec. 8, 1978) revoking the award to Rosario and granting Lot 3‑A to Cruz. In 1982 Rosario filed an action in the Court of First Instance (later Regional Trial Court), Manila, Branch 27, to annul Resolution No. 018‑78.
By order dated August 22, 1988 the Regional Trial Court dismissed Rosario’s complaint on grounds that he failed to exhaust administrative remedies (he should have appealed to the Office of the President) and that the Commission’s resolution had become final for lack of timely appeal. Rosario’s motions for extension and for reconsideration were denied as untimely; his notice of appeal was dismissed as tardy on December 13, 1988. He then filed a petition for certiorari and mandamus in the Court of Appeals (CA‑G.R. No. 16755‑SP), which on July 25, 1989 denied relief on...(Subscriber-Only)
Issues:
- Whether the petition should be dismissed for failure to exhaust administrative remedies and for procedural tardiness.
- Whether petitioner, as a sublessee and actual occupant of Lot 3‑A, has a preferential right to purchase the lot over the original lessee, Alejandro Cruz, and what remedies attach if ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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