G.R. No. L-21894 February 28, 1967
LOPE DESIATA, petitioner-appellee, vs. THE EXECUTIVE SECRETARY, SECRETARY OF AGRICULTURE AND NATURAL RESOURCES, DIRECTOR OF LANDS and CALIXTO DUQUE, respondents-appellants.

FACTS

On October 28, 1928, Calixto Duque filed a sales application (SA No. 11116-E-2193) for approximately 77 hectares of land in Butuan, Agusan, which was approved on October 8, 1931. In 1942, Lope Desiata was allowed to stay on a portion of the land by Duque’s overseer. In 1947, after vacating one portion, Desiata occupied another 14-hectare area and filed a homestead application for it on May 21, 1947. Duque filed a formal protest against this encroachment on May 15, 1947. A survey in September 1947 revealed Duque’s applied land actually measured 90.9447 hectares, with the 14-hectare excess being the portion occupied by Desiata. The District Land Officer’s decision favored Duque’s sales application and dismissed Desiata’s homestead application. On appeal, the Director of Lands initially, on July 28, 1949, ordered the exclusion of the disputed area due to Duque’s failure to timely protest, but later, on November 28, 1953, after reinvestigation, rendered a decision giving due course to Duque’s application and dismissing Desiata’s. Desiata appealed to the Secretary of Agriculture, who, on November 15, 1954, ordered the amendment of Duque’s application to exclude the area occupied by Desiata, based on findings that much of the land was still forested and only about 10 hectares were cultivated. Duque’s counsel received a copy of this decision on November 26, 1954. On May 22, 1959, Duque filed a letter-petition to the President. The Executive Secretary, acting for the President, rendered a decision on July 19, 1960, revoking the Secretary of Agriculture’s decision and reinstating the Director of Lands’ 1953 decision. Desiata filed a special civil action for certiorari and prohibition in the Court of First Instance of Agusan, which ruled in his favor, holding the Executive Secretary committed grave abuse of discretion. The respondents appealed.

ISSUE

Whether the decision of the Secretary of Agriculture dated November 15, 1954 had become final and beyond review by the Executive Secretary; and whether said decision was valid and not defective for lack of due process.

RULING

The Supreme Court affirmed the judgment of the lower court. The decision of the Secretary of Agriculture dated November 15, 1954, became final on December 26, 1954, thirty days after Duque’s counsel received a copy on November 26, 1954, pursuant to Section 12 of Administrative Order No. 6 of the Bureau of Lands. Receipt by counsel is receipt by the party. Therefore, the Executive Secretary had no power to review this final decision when Duque filed his petition in 1959. The President could not retroactively alter the administrative order to review a final decision. On the issue of validity, the Court found no denial of due process. Section 30 of Act No. 2874 , as amended, required a sales patent applicant to show actual occupancy and cultivation of at least one-fourth of the land. Duque failed to prove compliance. The ocular inspection’s purpose was to ascertain compliance with all legal requisites, including cultivation, as provided by Land Circular No. 16. The allegation of lack of notice was a self-serving statement insufficient to rebut the presumption of regularity of official action. The Secretary of Agriculture’s decision to exclude the excess area not under cultivation was in accord with law, as the rationale of the award is beneficial use.