adpoe_case digest_calo v. fuertes

JANE HAZEL M. GUIRIBA2010-0091

G.R. No. L-16537     June 29, 1962FRANCISCO C. CALO, Petitioner-Appellant, vs. DELFIN C. FUERTES, DIRECTOR OF LANDS and SECRETARY

OF AGRICULTURE AND NATURAL RESOURCES, respondents-appellees.

FACTS:This is an administrative land case wherein the appellant lost in his claim and contest on getting a

homestead patent for a certain piece of land; instead awarding such to Delfin C. Fuertes. Francisco C. Calo now filed an appeal within 30 days. However, the appeal was not perfected because the appeal bond was not given until the 31st day. As a result, the appeal was denied. Calo then proceeded to submitting an appeal to the President of the Philippines as a last resort in an administrative case. However, after 7 days he withdrew it before the President could even act on it and instead went to the Court of First Instance of Agusan to file a petition for writs of certiorari. The Court denied the petition. Thus, he submitted a petition to the Supreme Court.

ISSUE: 1. Whether the Secretary of Agriculture and Natural Resources is correct in denying Francisco Calo’s

appeal and;2. Whether the Court of First Instance is correct in denying abovementioned petition.

RATIO:Yes. The Secretary of DANR and the Court of First Instance (CFI) is correct in denying Francisco Calo’s

appeal.In the appeal with the Secretary of DANR, the petitioner failed to perfect his appeal by giving the appeal

bond within 30 days. As to the appeal with the CFI, he failed to exhaust all remedies available in an administrative case. In his

situation, he failed to exhaust the last remedy that is an appeal to the President of the Philippines.