This case has been cited 3 times or more.
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2014-12-10 |
PERALTA, J. |
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| Before the Court is a petition for review under Rule 45 of the Rules of Court seeking to reverse and set aside the Resolutions dated January 20, 2005[1] and October 12, 2005[2] of the Sandiganbayan in Criminal Case No. 27969 dismissing the same for lack of probable cause for the crime of plunder without prejudice to the filing of appropriate charges against respondents. | |||||
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2000-07-20 |
PANGANIBAN, J. |
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| "Sec. 13. The Court shall cause a notice of the petition, filed under the preceding section, to be published, at the expense of the petitioner, twice in successive issues of the Official Gazette, and to be posted on the main entrance of the provincial building and of the municipal building of the municipality or city in which the land is situated, at least thirty days prior to the date of hearing. The court shall likewise cause a copy of the notice to be sent, by registered mail or otherwise, at the expense of the petitioner, to every person named therein whose address is known, at least thirty days prior to the date of the hearing. Said notice shall state, among other things, the number of the lost or destroyed certificate of title if known, the name of the registered owner, the name of the occupants or persons in possession of the property, the owner of the adjoining properties, the location, area and boundaries of the property, and the date on which all persons having any interest therein must appear and file their claim or objection to the petition. The petitioner shall, at the hearing, submit proof of publication, posting and service of the notice as directed by the court." These requirements are mandatory and compliance with them is jurisdictional. In Republic v. Court of Appeals,[12] the Court held:"Reconstitution of a certificate of title, in the context of Republic Act No. 26, denotes the restoration in the original form and condition of a lost or destroyed instrument attesting [to] the title of a person to a piece of land. The purpose of the reconstitution is to have, after observing the procedures prescribed by law, the title reproduced in exactly the same way it has been when the loss or destruction occurred. Among the conditions explicitly required by the law is publication of the petition twice in successive issues of the Official Gazette, and its posting at the main entrance of the provincial building and of the municipal building of the municipality or city in which the land is situated, at least thirty days prior to the date of hearing. This directive is mandatory; indeed, its compliance has been held to be jurisdictional. x x x" Thus, before the trial court can acquire jurisdiction to hear and decide a reconstitution case, compliance with the following requisites is imperative: | |||||
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2000-06-08 |
GONZAGA-REYES, J. |
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| The requirements of these provisions of law must be complied with before the court can act on the petition and grant to the petitioner the reconstitution of title prayed for.[54] The requirement of notice by publication is thus a jurisdictional requirement and noncompliance therewith is fatal to the petition for reconstitution of title.[55] However, notwithstanding compliance with that requirement, actual notice to the occupants of the property is still mandatory. Thus:"Notice of hearing of the petition for reconstitution of title must be served on the actual possessors of the property. Notice thereof by publication is insufficient. Jurisprudence is to the effect settled that in petitions for reconstitution of titles, actual owners and possessors of the land involved must be duly served with actual and personal notice of the petition."[56] | |||||