This case has been cited 2 times or more.
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2010-02-26 |
DEL CASTILLO, J. |
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| There is also reason to doubt the good faith of petitioner in raising the alleged lack of jurisdiction. If, in all honesty and earnestness, petitioner believed that Director Manalo was acting without jurisdiction, it could have filed a petition for certiorari under Rule 65 within the proper period prescribed, which is 60 days from notice of the order.[21] Its failure to do so, without any explanation for such failure, belies its good faith. In such circumstances, it becomes apparent that petitioner is merely using the alleged lack of jurisdiction in a belated attempt to reverse or modify an order or judgment that had already become final and executory. This cannot be done. In Estoesta, Sr. v. Court of Appeals,[22] cited by petitioner itself (albeit out of context), we ruled that when a decision has already become final and executory, an appellate court loses jurisdiction to entertain an appeal much less to alter, modify or reverse the final and executory judgment. Thus: Well-settled is the rule that perfection of an appeal in the manner and within the reglementary period allowed by law is not only mandatory but also jurisdictional. Thus, if no appeal is perfected on time, the decision becomes final and executory by operation of law after the lapse of the reglementary period of appeal. Being final and executory the decision in question can no longer be altered, modified, or reversed by the trial court nor by the appellate court. Accordingly, the prevailing party is entitled as a matter of right to a writ of execution the issuance of which is a ministerial duty compelled by mandamus.[23] | |||||
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2008-12-18 |
TINGA, J. |
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| The Barques hinge their claim on a purported subdivision plan, FLS-3168-D, made in favor of Setosta. However, based on the records, it appears that there is a conflict as to its actual existence in the files of the government. Revelatory is the exchange of correspondence between the LMB and the LRA. The LMB did not have any copy of FLS-3168-D in the EDP listing,[50] nor did the LMB have a record of the plan.[51] However, a microfilm copy of FLS-3168-D was on file in the Technical Records and Statistical Section of the Department of Environment and Natural Resources Capital Region (DENR-NCR).[52] The copy with the Technical Records and Statistical Section, which bore the stamp of the LMB, was denied by the LMB as having emanated from its office.[53] | |||||