This case has been cited 2 times or more.
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2006-03-31 |
CHICO-NAZARIO, J. |
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| In contrast, respondent offers for consideration several documents to bolster its position that subject land is residential, namely: 1) copies of the Declaration of Real Property (tax declaration) filed by respondent as early as 1968 indicating therein that the subject property is residential;[18] 2) a Certification dated 3 July 1979 by the Bureau of Soils stating that the land is suitable for urban use and for housing projects;[19] 3) a copy of the Preliminary Approval and Locational Clearance granted by the Human Settlements Regulatory Commission dated 12 January 1982 indicating therein that the land is primarily coco land and residential and suitable for the proposed residential subdivision;[20] 4) a Certification from the Office of the Zoning Administrator of Davao City dated 10 December 1981 to the effect that the property per Zonification Ordinance of Davao City is within a Residential Zone Class "B";[21] 5) a Zoning Certification issued by the Housing and Land Use Regulatory Board (HLURB) dated 4 March 1991 certifying that the land is within the Residential/Commercial Zones under zoning ordinance of Davao City adopted through a Sangguniang Bayan Resolution and ratified by the HLURB, through Board Resolution No. 39-4, s. of 1980, dated 31 July 1980;[22] 6) a Certification from the Office of the City Planning and Development Coordinator, Office of the Zoning Administrator, dated 26 March 1991 to the effect that the subject land was classified as Major Commercial Zone (C-2) and High Density Residential Zone (R-2) in the City Ordinance No. 363, s. of 1982, or better known as Expanded Zoning Ordinance of Davao City;[23] 7) a Certification from the Office of the City Planning and Development Coordinator of Davao City dated 16 February 1996 that per Official Zoning Map of the City of Davao adopted under Resolution No. 711, Ordinance No. 281, Series of 1972, the subject property is within two zones classification namely: Commercial Zone and Residential Zone Class B;[24] and 8) the Report of the DAR Provincial Task Force on Illegal Conversion dated 2 June 2000, ruling out any act of illegal conversion as the subject land is classified as commercial and residential zones. | |||||
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2000-05-12 |
BELLOSILLO, J. |
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| In Santiago petitioner therein assailed the failure of respondent to include the phrase "causing of undue injury to any party, including the Government" in the amended informations filed against her. Refuting the claim, the Court cited the minute resolution in Uy v. Sandiganbayan[18] and clarified that the "act of giving any private party any unwarranted benefit, advantage or preference" is not an indispensable element of the offense of "causing any undue injury to any party," although there maybe instances where both elements concur. Thus, in Pareño v. Sandiganbayan[19] the information charged the public officers with "willfully and unlawfully causing undue injury to the Government and giving unwarranted benefits to Tanduay Distillery, Inc." by failing to verify and act on the validity and/or veracity of the claim for tax credit filed by the corporation before the BIR. | |||||