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On March 9, 1964, Feliciano promulgated an order declaring Ordinary 1. Yes. The timber license issued to the petitioner is void ab initio.
Timber License NO. 20-64 issued to petitioner by the Director of Forestry
Petitioner’s timber license was signed and released without the
authority of the by then Acting Director Estanislao Bernal of Forestry.
At the time it was released, the Acting Director of Forestry had no modify, reverse or set aside acts of subordinate officials. Accordingly,
more authority to grant a license. The authority delegated to him was respondent as Secretary of Agriculture and Natural Resources has the
contained in General Memorandum Order No. 46 which was revoked authority to revoke, on valid grounds the timber license issued by the
by General Order No. 60 which removes the authority of the Director of Director of Forestry.
Forestry to grant license.
5. Yes. Petitioner’s timber license can still be revoked even if it is valid.
2. No. Petitioner has not exhausted all his administrative remedies.
Paragraph 27 of the rules and regulations included in the
Petitioner did not appeal the order of the respondent Secretary ordinary timber license states that the terms and conditions of the
of Agriculture and Natural Resources to the President of the Philippines license are subject to change at the discretion of the Director of
who issued Executive Proclamation No. 238 withdrawing the area from Forestry. A timber license is not a contract within the purview of the
private exploitation, and establishing it as the Olongapo Watershed due process of law but a privilege which can be withdrawn whenever
Forest Reserve. Considering the President has the power to review on dictated by the public interest or welfare.
appeal the orders or acts of the respondents, the failure of the
petitioner to take that appeal is failure on his part to exhaust his
administrative remedies. Petition DENIED.
3. Yes. Petitioner’s action is a suit against the State.