Case Digest (G.R. No. L-11107) Core Legal Reasoning Model
Facts:
This case involves the appeal by petitioners Luis Sarabia and Jose Leido against respondents Secretary of Agriculture and Natural Resources and Francisco B. Lardizabal. The case originated from the Court of First Instance of Manila wherein Lardizabal moved to dismiss the petition for certiorari that sought to annul the order issued by the Secretary of Agriculture and Natural Resources. On August 27, 1951, Sarabia filed an application for a fishpond (Fp. A No. 7304) on a 100-hectare parcel of land in Barangay Nagiba, Naujan, Oriental Mindoro. Shortly after, on the same day, Leido submitted his application (Fp. A No. 7305) for the same area. Approximately a year later, on July 16, 1952, Lardizabal filed his fishpond application (Fp. A No. 8777) for the same location. At that time, this land was classified as part of a communal forest and was not eligible for fishpond purposes. The forest was officially disestablished on February 27, 1953, and thereafter, the Director of Fisheries
Case Digest (G.R. No. L-11107) Expanded Legal Reasoning Model
Facts:
On August 27, 1951, Luis Sarabia and, around the same time, Jose Leido filed separate fishpond applications for a 100-hectare parcel of land in Bo. Nagiba, Naujan, Oriental Mindoro, which at that time was part of a communal forest and unavailable for fishpond purposes. About a year later, on July 16, 1952, Francisco B. Lardizabal filed his application for the same area. The forest was disestablished on February 27, 1953, and certified for fishpond use on March 16, 1953. On March 29, 1954, the Director of Fisheries allocated 50 hectares each to Sarabia and Leido while rejecting Lardizabal’s application, as the area he requested overlapped with that already approved for the other two applicants. Lardizabal’s request for reconsideration was denied on July 2, 1954.Later, on August 21 and September 10, 1954, ordinary fishpond permits were issued to Sarabia and Leido respectively, both bearing the approval of the Secretary of Agriculture and Natural Resources. Lardizabal, unsatisfied with the earlier decision, complained and eventually, after his appeal was processed by the Secretary, the Director of Fisheries’ order was modified on August 22, 1955—reducing the areas for Sarabia and Leido to 33⅓ hectares each and allotting the remaining 33⅓ hectares to Lardizabal. Motions for reconsideration by Sarabia and Leido were denied in subsequent orders.
Subsequently, Sarabia and Leido filed a petition for certiorari in the Court of First Instance of Manila, seeking annulment of the Secretary’s order on the ground that it was issued without or in excess of jurisdiction. While their petition was pending, Lardizabal moved to dismiss the appeal alleging that the appeal was not perfected on time under Rule 41, Section 17 of the Rules of Court, as the appeal bond was filed beyond the requisite 15-day period. The trial court's earlier order (August 3, 1956) had applied this 15-day period, even though a later record gave a 30-day period. The trial court’s initial adherence to the 15-day period was upheld.
Issues:
- Whether the appeal filed by Sarabia and Leido in the certiorari proceedings was perfected within the reglementary 15-day period, as mandated under Section 17 of Rule 41 of the Rules of Court.
- Whether the subsequent action by the Secretary of Agriculture and Natural Resources in modifying the Director of Fisheries’ order could validly proceed despite the alleged lapse in the appeal’s timeliness.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)