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Banaag vs. Encarnacion

SANTIAGO BANAAG, petitioner-appellee, vs. VICENTE SINGSON ENCARNACION, in his capacity as Secretary of Agriculture and Commerce, and THE MUNICIPALITIES OF TAAL AND LEMERY, respondents-appellants.

G.R. No. L-493 | 1949-04-19

D E C I S I O N

PERFECTO, J p:
Santiago Banaag prayed for a declaratory judgment under the provisions of Rule 66, upholding validity of a contract of lease executed in his favor on June 3, 1943, which reads as follows:
"June 3, 1943

"LEASE FOR THE EXCLUSIVE PRIVILEGE OF ERECTING FISH CORRAL IN PANSIPIT RIVER, TAAL AND LEMERY, BATANGAS.
"Pursuant to sections 1 and 4 of Executive Order No. 127, Mr. Santiago Banaag, of Taal, Batangas, is hereby granted the exclusive privilege of erecting one fish corral, locally known as "Baklad," in Pansipit River, outlet of Taal Lake, Municipalities of Taal and Lemery, Province of Batangas.

"This lease...