This case has been cited 3 times or more.
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2009-04-07 |
CHICO-NAZARIO, J. |
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| On 10 March 1998, Soledad Manantan filed with the Municipal Trial Court in Cities (MTCC), Baguio City, Branch 1, a Complaint for ejectment and damages against respondent Aniceto Somera and a certain Presentacion Tavera (Tavera),[4] docketed as Civil Case No. 10467. | |||||
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2009-04-07 |
CHICO-NAZARIO, J. |
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| Petitioner raises a second issue before us: whether petitioner Estate of the late Soledad Manantan can recover the portion of the subject property by an action for ejectment.[29] It bears to stress that Manantan's Complaint is dismissed herein for its defects, i.e., its failure to allege vital facts in an action for unlawful detainer over which the MTCC has jurisdiction. Since Civil Case No. 10467 is already dismissible upon this ground, it is no longer necessary to discuss whether petitioner availed itself of the proper remedy to recover the disputed portion of land from respondent. Resolving the second issue shall be a mere surplusage and obiter dictum. If petitioner seeks an answer to said issue as reference for its future action, suffice it to say that we do not render advisory opinions. The determination of the remedy to avail itself of must be done by petitioner with the guidance of its counsel, they being fully cognizant of the facts giving rise to the controversy and the evidence on hand. | |||||
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2005-11-22 |
CORONA, J. |
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| While the Republic or the government is usually not estopped by the mistake or error on the part of its officials or agents,[25] the Republic cannot now take refuge in the rule as it does not afford a blanket or absolute immunity. Our pronouncement in Republic v. Court of Appeals[26] is instructive: the Solicitor General may not be excused from its shortcomings by invoking the doctrine as if it were some magic incantation that could benignly, if arbitrarily, condone and erase its errors. | |||||