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Nera vs. Titong, Jr., et al.

VENANCIO NERA, petitioner-appellant, vs. BENIGNO TITONG, JR., DIRECTOR OF FISHERIES and SECRETARY OF AGRICULTURE & NATURAL RESOURCES, respondents-appellees.

G.R. No. L-25559 | 1974-03-21

D E C I S I O N

FERNANDO, J:

What petitioner, now appellant, Venancio Nera sought in this certiorari, prohibition and mandamus proceeding was the judicial nullification of a fishpond permit granted by respondent Secretary of Agriculture and Natural Resources in accordance with the recommendation of respondent Director of Fisheries. It is easily understandable why he did not prevail in the lower court. It is one of the principles reaffirmed time and time again by this Court that the discretion as to such matters vested in the appropriate department head must be respected in the absence of a clear showing of legal infirmity indicative of...