G.R. No. L-2367 - Aureus vs. Secretary of Agriculture and Commerce

Petitioner: Feliciano Aureus
Respondents: Secretary of Agriculture and Commerce, Director of Lands, District Land Officer of Naga, Camarines Sur
Judgment Date: November 11, 1949
Court: Court of First Instance of Camarines Sur

The case is an appeal regarding a judgment that invalidated a decision made by the Secretary of Agriculture and Commerce concerning the occupancy of a parcel of public land.
The petitioner sought a revocable permit to occupy the land, which was opposed by Jovetillo Abiog, the previous occupant.

Revocable Permit: A temporary authorization to occupy public land, subject to specific conditions and potential renewal.
Discretion of Officials: The Secretary of Agriculture and Commerce has discretionary powers in granting or denying permit applications based on occupancy status and public interest.

Initial Permit: Jovetillo Abiog had a revocable permit to occupy the land, valid from November 1, 1940, to October 31, 1941.
- The permit required renewal, which Abiog failed to execute.
Interruption of Occupancy: Abiog's occupancy was interrupted due to the destruction of his house during World War II, and he did not renew his permit.
Aureus’ Actions: Aureus began construction on the land after Abiog's evacuation and later applied for a permit, which was opposed by Abiog.

Trial Court Decision:
- The trial court ruled that Abiog abandoned the land when his house burned in 1942 and that his failure to renew the permit negated his claim.
- It granted Aureus' petition for prohibition but denied the mandamus to compel permit approval.

The Secretary of Agriculture and Commerce held that:
- Aureus had no legal right to occupy the land due to Abiog's prior continuous occupation.
- Aureus’ subsequent application could not override Abiog's established rights.

Grave Abuse of Discretion:
- The court determined that there was no grave abuse of discretion by the Secretary in favoring Abiog’s longstanding occupancy.
- The decision to declare the land as occupied was based on the Secretary's interpretation of public land regulations.

Lands Administrative Order No. 8-3:
- Defines "vacant land" and outlines conditions for issuing permits.
- Emphasizes that permits may only be granted when the land is vacant and the use does not prejudice public interest.

The judgment of the trial court was reversed, affirming the Secretary's decision to allow Abiog to retain occupancy rights upon payment of back rentals.
The ruling highlights the importance of continuity in land occupancy and the discretion exercised by authorities in public land matters.
Aureus’ ent