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SPS. ROMEO LIPANA AND MILAGROS LIPANA v. DEVELOPMENT BANK OF RIZAL

This case has been cited 1 times or more.

2005-04-12
CALLEJO, SR., J.
In their comment on the petition, the respondents aver that the trial court is mandated to respect the December 27, 1996 Order of the DAR Secretary which had become final and executory. They point out that the Court dismissed the petition for certiorari filed by the petitioner in its Resolution dated March 17, 1997, and that the said resolution become final and executory on April 23, 1997. The respondents posit that the December 27, 1996 Order of the DAR is a special and exceptional circumstance warranting the suspension of the execution of the decision of the trial court in the higher interest of justice. The respondents assert that, through its assailed orders, the trial court merely harmonized its decision and the December 27, 1996 Order of the DAR Secretary. The respondents cited the rulings of this Court in Lipana v. Development Bank of the Philippines[39] and Far East Realty Investment, Inc. v. CAR[40] in support of their arguments.