JANE HAZEL M.

GUIRIBA
2010-0091

G.R. No. L-16537 June 29, 1962

FRANCISCO 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.