Case Digest (G.R. No. L-25140)
Facts:
Clemencia B. Vda. de Villongco, et al. v. Hon. Florencio Moreno, in his capacity as Secretary, Department of Public Works and Communications and Benigno Musni, G.R. No. L-17240, January 31, 1962, Supreme Court En Banc, Labrador, J., writing for the Court.On August 15, 1958, Senator Rogelio de la Rosa filed a complaint with the Secretary of Public Works and Communications against several fishpond owners in Macabebe, Pampanga, including Clemencia B. Vda. de Villongco. The complaint alleged that petitioner had appropriated a portion of the coastal waters known as “Pantion” and converted parts of the coast into fishponds in violation of Republic Act No. 2056. The Secretary ordered an investigation and, after hearing, directed respondents to remove fishpond works encroaching upon Manila Bay—specifically a portion of about 24,860 square meters—restoring the area within thirty days, otherwise having the Office remove them at respondents’ expense and without prejudice to prosecution under Section 3 of RA 2056.
Petitioner moved for reconsideration; the Undersecretary denied the motion in a resolution dated August 5, 1959. On August 20, 1959, petitioner filed a suit in the Court of First Instance (CFI) of Rizal seeking relief against enforcement of the Secretary’s order and contending inter alia that RA 2056 was unconstitutional as it vested undue power in the Secretary and that procedural defects occurred in the administrative handling. The CFI issued an ex parte writ of preliminary injunction enjoining enforcement of the Secretary’s order; trial proceeded on stipulated facts and exhibits.
The CFI (presided by Judge Andres Reyes) found that the contested dike portion fell within the exemption contained in Section 2 of RA 2056—because the works were constructed in good faith before any communal fishing-ground proclamation, did not obstruct free passage of any navigable river or stream, and did not cause inundation of agricultural land—and thus held the Secretary erred in ordering demolition; the injunction was effectively made permanent. The Secretary appealed the CFI decision to the Supreme Court, assigning errors including misinterpretation of Section 2’s exemption, improper issuance of an ex parte injunction, and the lower court’s grant of certiorari/prohibition.
At trial the parties stipulated and produced a survey (Annex E) showing that the petitioner’s dike included a red-shaded portion of Manila Bay of 2 hectares, 48 ares and 60 centares (24,860 sq. meters). The surveyor reported that the shaded portion had an average depth of about one foot at mean low low water, that navigation along the dike during low tide was limited to v...(Subscriber-Only)
Issues:
- Did petitioners’ failure to appeal the Secretary’s decision to the President constitute a failure to exhaust administrative remedies barring judicial relief?
- Did the Court of First Instance err in holding that the petitioners’ fishpond constructions fall within the Section 2 exemption of Republic Act No. 2056 (i.e., does the exemption extend to constructions that include coastal waters or public waterways)?
- Did the Court of First Instance err in issuing and later making permanent an ex parte writ of preliminary injunct...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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