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Juan De G. Rodriguez, Et Al Vs. Hon. Enrique A. Fernandez, Et Al 101 Phil 612

JUAN DE G. RODRIGUEZ, as Secretary of Agriculture and Natural Resources and HERACLEO R. MONTALBAN, as Acting Director of Fisheries, petitioners, vs. HON. ENRIQUE A. FERNANDEZ, Judge of the Court of First Instance of Davao and FELIPE DELUAO, respondents.

G.R. No. L-10823 | 1957-05-28

D E C I S I O N


BENGZON, J.:

Petition for mandamus to compel Hon. Enrique A. Fernandez, Judge of Davao, to give due course to the appeal presented by herein petitioners in Special Civil Case No. 63 of his court of First Instance.

The respondents say the appeal was filed out of time.

That civil case commenced with an action by Felipe Deluao to modify the award of the Secretary of Agriculture and Natural Resources in an administrative contest between him and Supremo Deluao regarding fishponds under the control of the Bureau of Forestry, in the Municipality of Padada, Davao. The said Secretary approved Felipe's fishpond application for...