This case has been cited 2 times or more.
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2009-12-01 |
NACHURA, J. |
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| This is further confirmed by Section 26 of Comelec Resolution No. 3636,[44] which states: SECTION 26. Effect of Filing Certificate of Candidacy by Elective Officials. -- Any elective official, whether national or local[,] who has filed a certificate of candidacy for the same or any other office shall not be considered resigned from his office. | |||||
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2007-10-19 |
QUISUMBING, J. |
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| The Orders issued on January 5, 2004 and February 23, 2004 were also proper under Section 7[18] of Act 3135,[19] as amended. The law expressly authorizes the purchaser to petition for a writ of possession by filing an ex parte motion.[20] That being so, there is no need for the Land Bank to notify the parties of the proceedings. The trial court correctly held that the motion for issuance of a writ of possession is an exception to the general three-day notice rule for motions. Nevertheless, the ex parte nature of the proceeding does not deny due process to the petitioners because, to repeat, the issuance of the writ of possession does not bar a separate case for annulment of mortgage and foreclosure sale. | |||||