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DIRECTOR OF LANDS v. FRANCISCO SANTAMARIA

This case has been cited 2 times or more.

2005-08-29
TINGA, J.
Palpably, the Court of Appeals exceeded its jurisdiction when it granted respondents' petition for certiorari and set aside the orders dated 24 November 2000 and 24 January 2001 of the RTC of Pili in Spec. Proc No. P-1182, and also when it made a determination as to the validity of the foreclosure proceedings in clear violation of Act No. 3135. The contention, therefore, that the Court should not entertain the instant petition until a motion for reconsideration has been filed may not hold water where the proceeding in which the error occurred is a patent nullity. Thus, we hold that a motion for reconsideration may be dispensed with in the instant case.[63]
2005-07-29
TINGA, J.
Palpably, the Court of Appeals exceeded its jurisdiction when it granted respondents' petition for certiorari and set aside the orders dated 24 November 2000 and 24 January 2001 of the RTC of Pili in Spec. Proc No. P-1182, and also when it made a determination as to the validity of the foreclosure proceedings in clear violation of Act No. 3135. The contention, therefore, that the Court should not entertain the instant petition until a motion for reconsideration has been filed may not hold water where the proceeding in which the error occurred is a patent nullity. Thus, we hold that a motion for reconsideration may be dispensed with in the instant case.[63]