This case has been cited 6 times or more.
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2013-07-24 |
PERLAS-BERNABE, J. |
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| Consequently, the thirty-day period that precedes the scheduled hearing should be reckoned from the time of the actual circulation or release of the last issue of the Official Gazette, and not on the date of its issue as reflected on its front cover. To interpret it otherwise, as the CA had erroneously done in this case, would render nugatory the purposes of publication in reconstitution proceedings, which are to safeguard against spurious and unfounded land ownership claims, to apprise all interested parties of the existence of such action, and to give them enough time to intervene.[34] Otherwise, unscrupulous parties would merely invoke compliance with the requirement of two-time publication in the Official Gazette, without regard to the date of its actual release, as a convenient excuse for their failure to observe the mandatory prerequisite of publication. | |||||
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2006-12-19 |
CARPIO, J. |
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| Jurisdiction over the subject matter is conferred by the Constitution or by law. In all cases where the authority to proceed is conferred by a statute and the manner of obtaining jurisdiction is mandatory, the same must be complied with, or the proceedings will be void.[14] | |||||
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2006-03-24 |
AUSTRIA-MARTINEZ, J. |
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| Substantial compliance with the jurisdictional requirements laid down in Sections 12 and 13 of R.A. No. 26 is not enough; the trial court's acquisition of jurisdiction over the reconstitution case is hinged on a strict compliance with the requirements of the law.[22] It must be stressed that the purposes of the stringent and mandatory character of the legal requirements of publication, posting and mailing are to safeguard against spurious and unfounded land ownership claims, to apprise all interested parties of the existence of such action, and to give them enough time to intervene in the proceeding.[23] | |||||