Scribd Logo
Upload

Welcome to Scribd!

  • 242 views

    Sañado Vs Court of Appeals Digest

    Uploaded by

    angelsu04
    This case involves a dispute over a 50-hectare fishpond area between Sañado and Nepomuceno. Sañado was originally issued an ordinary fishpond permit for the area by the Philippine Fisheries Commission. Sañado later entered into a development contract with Nepomuceno for the fishpond. The permit was then converted into a 25-year fishpond loan agreement in Sañado's favor. Nepomuceno contested this. Sañado sued Nepomuceno for recovery of possession. The Office of the President dismissed Sañado's appeal of the fishpond lease cancellation. The court had to determine the legal effect of the Office of the President's decision on

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Sañado Vs Court of Appeals Digest

    Uploaded by

    angelsu04
    242 views1 page
    This case involves a dispute over a 50-hectare fishpond area between Sañado and Nepomuceno. Sañado was originally issued an ordinary fishpond permit for the area by the Philippine Fisheries Commission. Sañado later entered into a development contract with Nepomuceno for the fishpond. The permit was then converted into a 25-year fishpond loan agreement in Sañado's favor. Nepomuceno contested this. Sañado sued Nepomuceno for recovery of possession. The Office of the President dismissed Sañado's appeal of the fishpond lease cancellation. The court had to determine the legal effect of the Office of the President's decision on

    Original Description:

    Evidence

    Original Title

    Sañado vs Court of Appeals Digest

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involves a dispute over a 50-hectare fishpond area between Sañado and Nepomuceno. Sañado was originally issued an ordinary fishpond permit for the area by the Philippine Fisheries Commission. Sañado later entered into a development contract with Nepomuceno for the fishpond. The permit was then converted into a 25-year fishpond loan agreement in Sañado's favor. Nepomuceno contested this. Sañado sued Nepomuceno for recovery of possession. The Office of the President dismissed Sañado's appeal of the fishpond lease cancellation. The court had to determine the legal effect of the Office of the President's decision on

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    242 views1 page

    Sañado Vs Court of Appeals Digest

    Uploaded by

    angelsu04
    This case involves a dispute over a 50-hectare fishpond area between Sañado and Nepomuceno. Sañado was originally issued an ordinary fishpond permit for the area by the Philippine Fisheries Commission. Sañado later entered into a development contract with Nepomuceno for the fishpond. The permit was then converted into a 25-year fishpond loan agreement in Sañado's favor. Nepomuceno contested this. Sañado sued Nepomuceno for recovery of possession. The Office of the President dismissed Sañado's appeal of the fishpond lease cancellation. The court had to determine the legal effect of the Office of the President's decision on

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Saado vs Court of Appeals

    356 SCRA 546


    FACTS:
    The defunct Philippine Fisheries Commission issued an Ordinary Fishpond
    Permit in favor of Saado covering 50 hectares situated in Brgy. Monching, Siay,
    Zamboanga del Sur. Later, Saado entered into a contract of fishpond development
    and financing with private respondent Nepomuceno. On September 28, 1979, the
    Director of Fisheries and Aquatic Resources recommended the conversion of the
    Ordinary Fishponde Permit into a 25-year fishpond loan agreement which was later
    on approved in favor of petitioner. To oppose the said loan, Nepomuceno informed
    the Bureau of Fisheries about his financing/development contract with the
    petitioner..
    On July, 17, 1981, Saado filed a complaint against Nepomuceno with the RTC
    for recovery of possession and damages, alleging that Nepomuceno failed to deliver
    Sanados share of the net harvest among other things. While this case was pending,
    the then Minister of Agriculture and Food canceled the Fishpond Lease Agreement,
    forfeiting the improvements thereon in favor of government. Later, said order was
    reconsidered to the extent that Nepomuceno was given priority to apply for the area
    and that his improvements thereon were not considered forfeited in favor of the
    government.
    Saado elevated the matter to the Office of the President but appeal was
    dimissed on July 19, 1989. Meanwhile, the trial court rendered a decision over
    Sanados complaint for recovery of possession in his favor.
    ISSUE: Whether or not the decision of the Office of the President has any legal
    effect on the civil case for recovery of possession.
    RULING:
    The action of an administrative agency in granting or denying, or in
    suspending or revoking, a license, permit, franchise, or certificate of public
    convenience and necessity is administrative or quasi-judicial. The act is not purely
    administrative but quasi-judicial or adjudicatory since it is dependent upon the
    ascertainment of facts by the administrative agency, upon which a decision is to be
    made and rights and liabilities determined. As such, the July 31, 1989 decision
    of the Office of the President is explicitly an official act of and an exercise
    of quasi-judicial power by the Executive Department headed by the
    highest officer of the land. It thus squarely falls under matters relative to
    the executive department which courts are mandatorily tasked to take
    judicial notice of under Section 1, Rule 129 of the Rules of Court. Judicial
    notice must be taken of the organization of the Executive Department, its
    principal officers, elected or appointed, such as the President, his powers
    and duties.

    You might also like