7/25/2019 Guttierez vs Santos

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Guttierez vs Santos

Facts:

On August 15, 1958, Benigno Musni

and others fled a complaint with the

Secretary o u!lic "or#s and

$ommunications against %icardo M&

'uttiere( alleging that the latter had

illegally constructed dams, di#es and

other o!structions across na)iga!le

waters, waterways, ri)ers and

communal fshing grounds located in

Barrio San *ste!an, Maca!e!e,

ampanga&

On +ecem!er 1, 1958 'uttiere( fleda motion to dismiss the complaint

upon the ground that the proceedings

to !e held !eore -ulian $& $argullo,

the in)estigator appointed !y the

Secretary o u!lic "or#s and

$ommunications, would !e )oid

!ecause %A ./50 was unconstitutional

as it conerred udicial powers to the

Secretary o u!lic "or#s and

$ommunications& 2his motion was

dismissed&

On +ecem!er 15, 1958, 'uttiere( fled

with the $34 o ampanga a petition or

prohi!ition against Sec& Moreno, +ept&

4n)estigator $aragullo, Sen& +e la

%osa, Benigno Musni and his

complainants, to pre)ent the carryingout o the in)estigation&

$ontention o petitioner

1& Act .5/0 is unconstitutional

!ecause it granted udicial

powers to the Sec& o u!lic

"or#s and $omm&.& 2hat the nature and character

o the streams and waterways

su!ect o the complaint lodgeswith the +"$ was already res

udicata ha)ing !een the

su!ect o an agreement

!etween 6o!el 3amily 7 ormer

owners o petitioners

fshponds, and the Municipality

o Maca!e!e&

Said case was doc#eted as $i)il $ase

o& 15./ and was assigned !y lottery

to Branch 4 o said court, presided !y-udge Arsenio Santos&