This case has been cited 2 times or more.
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2016-01-20 |
JARDELEZA, J. |
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| On February 26, 2002, Mendoza, his daughter Corazon Mendoza (Corazon) and Orlando Gomez (Orlando) filed a Petition for Coverage[42] of the land under RA No. 6657. They claimed that they had been in physical and material possession of the land as tenants since 1956, and made the land productive.[43] They prayed (1) that an order be issued placing the land under Comprehensive Agrarian Reform Program (CARP); and (2) that the DAR, the Provincial Agrarian Reform Officer (PARO) and the Municipal Agrarian Reform Officer (MARO) of Tarlac City be ordered to proceed with the acquisition and distribution of the land in their favor.[44] The petition was granted by the Regional Director (RD) in an Order dated October 2, 2002,[45] the dispositive portion of which reads: | |||||
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2006-12-06 |
CALLEJO, SR., J. |
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| On February 8, 2005, the RTC issued a Resolution[22] dated January 8, 2005 denying the petition for relief from judgment. The RTC ruled that the petition was belatedly filed since more than seven months had lapsed from the filing of the petition. Contrary to defendants' claim, the reckoning point of the reglementary period is the date of receipt of the Order October 9, 2002. Moreover, the Dulays failed to show the existence of fraud, accident, mistake and excusable negligence, or that they had a good and substantial defense; at the very least, a medical certificate should have been attached to the petition.[23] The RTC also found that Guiang had been tilling the land since 1956. It pointed out that under Section 6 of R.A. No. 6657, the homestead grantee has the right to retain the property, and that lot is exempt from the CARL.[24] | |||||