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Heir of Santiago Pastoral etal vs Sec. Of PW&C etal

HEIRS OF SANTIAGO PASTORAL and AGUSTIN BATO, petitioner-appellants, vs. THE SECRETARY OF PUBLIC WORKS and COMMUNICATIONS, THE CITY ENGINEER OF DAGUPAN CITY and LEONARDO ESPANOL, respondents-appellees.

G.R. No. L-44485 | 1988-06-27

D E C I S I O N


GUTIERREZ, JR., J.:

This case was certified to us by the Court of Appeals pursuant to Sections 17 and 21 of the Judiciary Act, as amended in relation to Section 3, Rule 50 of the Rules of Court on the ground that the issues raised are pure questions of law. The main issue centers on the authority of the Secretary of Public Works and Communications under Republic Act 2056 to declare the construction of dikes encroaching into public navigable waters as a public nuisance and to order their removal.

Sometime in October 1958, residents of Bacayao Norte, Caranglaan, and Mayombo Districts of Dagupan City led by Leonardo...