EN BANC

G.R. No. 21943           September 15, 1924

ASKAY, plaintiff-appellant,
vs.
FERNANDO A. COSALAN, defendant-appellee.
Malcom, J. – Ponente

Facts:
 Askay sold his Pet Kel Mineral Claim on November 23,1914 to defendant. After 9 years,
1923, Askay file a petition to CFI of Benguet to declaring the sale of Pet Kel Mineral
Claim null and void , to secure possession of the claim and demanding damages caused
by defendant in the amount of P 10,500.
 Judge of CFI render judgement in favor of the defendant.
 On April 16,1923, appears from the Official Gazette, the Secretary of Justice authorized
and instructed Judge George R. Harvey, which was a judge in CFI of Ninth Judicial
District. to hold hearings in City of Baguio, Mountain Province beginning May 2,1923.
 Petitioner refuted the order of the Secretary of justice on the ground that RA 3107, which
authorize CFI to be detailed by Secretary of Justice to temporary duty was effective after
15 days of publication of the statue in the Official Gazette or not until August 3,1923
 Petitioner relies on the Administrative code that “in the absence of special provision, the
law would take effect at the beginning of the 15 th day after completion of publication in
the Official Gazette.

Issue:
Whether or not Judge Harvey has the jurisdiction to hold the case.

Ruling:

Now turning to Act No. 3107, its final section provides that "This Act shall take effect on its
approval." The Act was approved on March 17, 1923. Obviously, therefore, there being a special
provision in Act No. 3107, it applies to the exclusion of the general provision contained in the
Administrative Code.

Recalling, therefore, that Act No. 3107 went into effect on March, 17, 1923, and that it was
subsequent thereto, on April 16, 1923, that Judge Harvey was authorized to hold court at Baguio,
beginning with May 2, 1923, appellant's argument along this line is found to be without
persuasive merit. We pass to the material issue which is one of fact.