This case has been cited 4 times or more.
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2004-06-08 |
CALLEJO, SR., J. |
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| This is a petition for review of the Decision[1] of the Court of Appeals in CA-G.R. SP No. 30727 dismissing petitioner Justina Advincula-Velasquez' petition for certiorari and prohibition; and for the nullification of the alias writ of execution issued by the Metropolitan Trial Court of Parañaque, Branch 78,[2] in Civil Case No. 7223 for unlawful detainer. | |||||
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2004-06-08 |
CALLEJO, SR., J. |
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| "14. Exercise of original jurisdiction. The Intermediate Appellate Court (now Court of Appeals) may entertain petitions for mandamus, prohibition, certiorari, habeas corpus, quo warranto, and issue auxiliary writs or processes, whether or not in aid of its appellate jurisdiction."[20] On May 20, 1993, the Court of Appeals rendered its Decision[21] in CA-G.R. SP No. 30727. It dismissed the petition on the ground that in filing her petition with the CA, the petitioner violated the principle of hierarchy of courts. The CA ruled, however, that the dismissal of the petition was without prejudice to the filing of a similar petition in the proper RTC, opining, thus:Besides, it is best that the matter be litigated in the Regional Trial Court before which evidence may be adduced by the parties as to the alleged change in their condition and of the environment in the parcel of land in question from agricultural to residential.[22] The petitioner, thereafter, filed her petition for review with this Court, docketed as G.R. No. 111387, for the reversal of the decision of the CA and for the issuance of a temporary restraining order, which this Court granted in its Resolution[23] dated September 6, 1993. | |||||
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2004-06-08 |
CALLEJO, SR., J. |
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| … [T]he propensity of litigants and lawyers to disregard the hierarchy of courts must be put to a halt, not only because of the imposition upon the precious time of this Court, but also because of the inevitable and resultant delay, intended or otherwise, in the adjudication of the case which often has to be remanded or referred to the lower court, the proper forum under the rules of procedure, or as better equipped to resolve the issues since this Court is not a trier of facts…[35] We agree that the compliance with the hierarchy of courts may be relaxed for special and important reasons, clearly and specifically set out in the petition. However, no such reasons were set forth in the petition in CA-G.R. SP No. 30727 to justify the petitioner's filing thereof in the Court of Appeals instead of the RTC. That the latter court had decided her appeal in Civil Case No. 16553 and affirmed the decision of the MTC in Civil Case No. 7223 which, in turn, ordered the eviction of the petitioner from the property, is not a justification to bypass the RTC and file the petition for certiorari in the Court of Appeals. | |||||
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2004-06-08 |
CALLEJO, SR., J. |
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| Based on the foregoing premises, we reiterate the view that with respect to conversions of agricultural lands covered by R.A. No. 6657 to non-agricultural uses, the authority of DAR to approve such conversions may be exercised from the date of the law's effectivity on June 15, 1988. This conclusion is based on a liberal interpretation of R.A. No. 6657 in the light of DAR's mandate and the extensive coverage of the agrarian reform program.[45] Following the DOJ opinion, the DAR issued Administrative Order No. 6, Series of 1994, stating that lands already classified as non-agricultural before the enactment of Rep. Act No. 6657 no longer needed any conversion clearance: Prefatory Statement | |||||