This case has been cited 3 times or more.
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2010-04-15 |
NACHURA, J. |
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| An OCT issued on the strength of a homestead patent partakes of the nature of a certificate issued in a judicial proceeding and becomes indefeasible and incontrovertible upon the expiration of one year from the date of the promulgation of the Director of Lands' order for the issuance of the patent.[15] After the lapse of such period, the sole remedy of a landowner, whose property has been wrongfully or erroneously registered in another's name is to file an action for reconveyance so long as the property has not passed to an innocent purchaser for value.[16] In order that an action for reconveyance based on fraud may prosper, it is essential for the party seeking reconveyance to prove, by clear and convincing evidence, his title to the property and the fact of fraud.[17] | |||||
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2009-12-18 |
DEL CASTILLO, J. |
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| The rule on exhaustion of administrative remedies provides that a party must exhaust all administrative remedies to give the administrative agency an opportunity to decide the matter and to prevent unnecessary and premature resort to the courts.[18] This, however, is not an ironclad rule as it admits of exceptions,[19] viz: 1. when there is a violation of due process; | |||||
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2009-09-04 |
BRION, J. |
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| On the other hand, prior exhaustion of administrative remedies may be dispensed with and judicial action may be validly resorted to immediately: (a) when there is a violation of due process; (b) when the issue involved is purely a legal question; (c) when the administrative action is patently illegal amounting to lack or excess of jurisdiction; (d) when there is estoppel on the part of the administrative agency concerned; (e) when there is irreparable injury; (f) when the respondent is a department secretary whose acts as an alter ego of the President bear the implied and assumed approval of the latter; (g) when to require exhaustion of administrative remedies would be unreasonable; (h) when it would amount to a nullification of a claim; (i) when the subject matter is a private land in land case proceedings; (j) when the rule does not provide a plain, speedy and adequate remedy; or (k) when there are circumstances indicating the urgency of judicial intervention.[12] | |||||