Tuesday, July 23, 2019

FORTICH v. CORONA, 312 SCRA 751 (Digested Case)

Re: Reclassification of lands thru an ordinance (Sec. 20)
       Finality of decisions

FACTS: The strikers protested the March 29, 1996 Decision of the Office of the President (OP), which approved the conversion of a 144-hectare land from agricultural to agro-industrial/institutional area. This led the Office of the President to issue the so-called "Win-Win" Resolution, substantially modifying its earlier Decision after it had already become final and executory. The said Resolution modified the approval of the land conversion to agro-industrial area only to the extent of 44 hectares, and ordered the remaining 100 hectares to be distributed to qualified farmer-beneficiaries.

ISSUE: WON the decision of the president has become final and executory, thus barring the validity of the assailed resolution.

HELD: No. When the Office of the President issued the Order declaring the Decision of March 29, 1996 final and executory, as no one has seasonably filed a motion for reconsideration thereto, the said Office had lost its jurisdiction to re-open the case, more so modify its Decision. Having lost its jurisdiction, the Office of the President has no more authority to entertain the second motion for reconsideration filed by respondent DAR Secretary, which second motion became the basis of the assailed "Win-Win" Resolution. Thus, the act of the of the President in re-opening the case and substantially modifying its March 29, 1996 Decision which had already become final and executory, was in gross disregard of the rules and basic legal precept that accord finality to administrative determinations.

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