This case has been cited 2 times or more.
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2009-10-16 |
NACHURA, J. |
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| Judicial notice must be taken by this Court of its Decision in Maricalum Mining Corporation v. Hon. Arturo D. Brion and NAMAWU,[34] in which we upheld the right of herein private respondent, NAMAWU, to its labor claims. Upon the same principle of judicial notice, we acknowledge our Decision in Republic of the Philippines, through its trustee, the Asset Privatization Trust v. "G" Holdings, Inc.,[35] in which GHI was recognized as the rightful purchaser of the shares of stocks of MMC, and thus, entitled to the delivery of the company notes accompanying the said purchase. These company notes, consisting of three (3) Promissory Notes, were part of the documents executed in 1992 in the privatization sale of MMC by the Asset Privatization Trust (APT) to GHI. Each of these notes uniformly contains stipulations "establishing and constituting in favor of GHI" mortgages over MMC's real and personal properties. The stipulations were subsequently formalized in a separate document denominated Deed of Real Estate and Chattel Mortgage on September 5, 1996. Thereafter, the Deed was registered on February 4, 2000.[36] | |||||
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2006-09-27 |
PANGANIBAN, CJ |
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| First, the time-honored rule that the government cannot be estopped by the mistakes or errors of its agent is not without exceptions. In Republic of the Philippines v. G Holdings,[20] this Court held thus:"While the Republic or the government is usually not estopped by the mistake or error on the part of its officials or agents, 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 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." The rule on non-estoppel of the government is not designed to perpetrate an injustice. In general, the rules on appeal are created and enforced to ensure the orderly administration of justice. The judicial machinery would run aground if late petitions, like the present one, are allowed on the flimsy excuse that the attending lawyer was grossly lacking in vigilance. | |||||