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Tomas Monteverde Vs. Sebastian T. Generoso 052 Phil 123

TOMAS MONTEVERDE, plaintiff-appellant, vs. SEBASTIAN T. GENEROSO, Provincial Governor of Davao, ET AL., defendants-appellees.

G.R. No. 28491 | 1928-09-29

D E C I S I O N


MALCOLM, J.:

This is a case the determination of which could easily be made difficult by the injection of numerous controversial questions of fact and law, but which as we view it can readily be decided on a basic legal point arising from the undisputed facts and on a concession without decision of all disputed facts in favor of the Government. On this basis, the ultimate and decisive question is this: Is a provincial governor, a district engineer, or a district health officer authorized to destroy private property consisting of dams and fishponds summarily and without any judicial proceedings whatever under the pretense...