Case Summary (G.R. No. L-11107)
Background and Facts of the Case
On August 27, 1951, Luis Sarabia submitted a fishpond application (Fp. A No. 7304) for approximately 100 hectares of land in Bo. Nagiba. Shortly after, on the same day, Jose Leido filed a similar application (Fp. A No. 7305) for the same area. A year later, on July 16, 1952, Francisco B. Lardizabal also filed a fishpond application (Fp. A No. 8777) for the identical parcel. At that time, the land in question was still a part of a communal forest and not available for fishpond purposes. It was only on February 27, 1953, that the said forest was disestablished, and subsequently, the area was certified by the Director of Fisheries as available for fishpond development on March 16, 1953.
Administrative Orders and Appeals
On March 29, 1954, the Director of Fisheries allocated the 100-hectare area between Sarabia and Leido, each receiving 50 hectares, while Lardizabal's application was rejected due to the prior claims by Sarabia and Leido. Lardizabal submitted a request for reconsideration of this rejection, which was denied on July 2, 1954. Sarabia and Leido received their fishpond permits, with Sarabia granted his permit on August 21, 1954, and Leido on September 10, 1954, both duly approved by the Secretary of Agriculture and Natural Resources.
In the meantime, on July 29, 1954, Lardizabal addressed a complaint to the Presidential Complaints and Action Committee (PCAC) regarding his application's rejection. This complaint was referred to the Secretary of Agriculture and Natural Resources, who interpreted it as an appeal from the Director's order, and thus issued a new order on August 22, 1955, modifying the previous allocation. This order reduced Sarabia's and Leido's permits to 33 1/3 hectares each and allocated the remaining 33 1/3 hectares to Lardizabal.
Court Proceedings and Jurisdictional Issues
Sarabia and Leido sought to challenge the Secretary's modification order through a petition for certiorari in the Court of First Instance of Manila, contending that the Secretary had overstepped his jurisdiction by modifying an order that had already become final. They argued that under Fisheries Administrative Order No. 22, the Director's original order—which rejected Lardizabal's application—should have become final after 30 days if not appealed to the Secretary.
However, Lardizabal filed a motion to dismiss the appeal, asserting that Sarabia and Leido failed to file their appeal within the prescribed timeframe. The trial court's examination of the notice of appeal and its timing revealed conflicting considerations regarding whether the appeal was perfected in compliance with the 15-day requirement set forth in Rule 41, Section 17 of the Rules of Court, as their notice was pr
...continue readingCase Syllabus (G.R. No. L-11107)
Case Overview
- This case is an appeal from an order issued by the Court of First Instance of Manila, which upheld a motion by Francisco B. Lardizabal to dismiss a petition for certiorari filed by petitioners Luis Sarabia and Jose Leido.
- The petitioners sought to annul an order from the Secretary of Agriculture and Natural Resources concerning the allocation of fishpond permits for a disputed parcel of land.
Background of the Case
- On August 27, 1951, Luis Sarabia filed a fishpond application (Fp. A No. 7304) for 100 hectares of land in Bo. Nagiba, Naujan, Oriental Mindoro.
- Around the same time, Jose Leido submitted his own application (Fp. A No. 7305) for the same land.
- A year later, on July 16, 1952, Francisco B. Lardizabal filed a fishpond application (Fp. A No. 8777) for the same parcel.
- The land in question was part of a communal forest and was unavailable for fishpond purposes at the time of these applications.
Timeline of Events
- The communal forest status was lifted on February 27, 1953, and the area was certified as available for fishpond purposes on March 16, 1953.
- On March 29, 1954, the Director of Fisheries allocated 50 hectares each to Sarabia and Leido, rejecting Lardizabal's application on the grounds that it overlapped with the earlier applications.
- Lardizabal's request for reconsideration was denied on July 2, 1954.