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CASE NAME: Besaga v Sps. Acosta Oct 17, 2006, DENR Secretary reversed its Aug 6 decision,
GR Number/ Case Date: GR 194061/ Apr 20, 2015 stating that Sps. Acosta failed to file Notice of Appeal and has
Ponente: Justice Brion been late in paying the Appeal Fee.
Petitioners: EMELIE L. BESAGA The President reversed DENR Secretary’s decision and giving
Respondents: SPOUSES FELIPE ACOSTA and LUZVIMINDA ACOSTA in favor of the Sps. Acosta.
and DIGNA MATALANG COCHING CA affirmed the decision of court of Appeals.
Rule of Law:
Issue and Holding:
Sec1(a) of DAO No. 87 requiring the filing of Notice of Appeal
and the payment of Appeal Fee within the reglementary period. 1. WON the error in filing an Appeal Memorandum instead
Doctrine:
of Notice of Appeal to the DENR Secretary instead of
the RED, and late payment of Appeal Fee be grounds for
the dismissal of the whole case.
It cannot be grounds for dismissal. It is well-
Facts: settled that the procedures are mere tools aimed
at facilitating the attainment of justice.
Feb 11, 2003, Besaga applied for Special Land Use Permit for
Technicalities should never be used to defeat the
Lands 4512, 4513, and 4514, all belonging to her father,
substantive rights of the other party. This is
Arturo Besaga Jr. under Tax Declaration No. 048.
especially true with quasi-judicial and
Feb 13, 2003 Sps. Acosta also applied for SLUP for Lands 4512
administrative body. Strict application of the
and 4514. Claiming Land 4512 through waiver of rights by
procedure may violate the right to due process as
Rogelio Marañon and Land 4514 through joint waiver of
rights by Arturo Besaga Jr. and DIgna Matalang Coching, all
it would result to denial of their right to appeal.
of which are registered survey claimants.
The respondents appealed within the prescribed
Dec 1, 2003, Regional Executive Director (RED) of DENR
15-day period and the procedural lapse showed
intent to raise the appeal to a higher body. It is
decided in favor of Besaga.
also good to point out that the respondents paid,
July 26, 2004, Release of the decision
although late, in full the Appeal Fee.
Aug 16, 2004, Sps. Acosta filed an Appeal Memorandum to
the DENR Secretary. Ruling: This court affirm the decision of CA affirming the decision of
Sep 10, 2004, Appeal Fee was paid by the Sps. Acosta. the President.
RED issues orders to be final and executory for Sps. Acosta’s
Note:
failure to file a Notice of Apppeal.
Aug 6, 2006, DENR Secretary reversed RED decision, giving in
favor of the Sps. Acosta.
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