This case has been cited 1 times or more.
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2007-03-27 |
TINGA, J. |
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| In its Petition for Review[5] dated January 9, 2006, the DAR seeks the reversal of the appellate court's Amended Decision, arguing that the latter precipitately relied on the Zoning Certifications issued by the City Planning and Development Office and erroneously assumed that a local government unit such as Cagayan de Oro City has unconditional authority to classify and reclassify lands within its territorial jurisdiction. The DAR points out that the Assistant City Development Coordinator herself clarified, in a letter dated December 2, 2005, that the zoning classification of the subject property remains to be agricultural considering that the 1979 Zoning Code of Cagayan de Oro City is still in force. Further, the Zoning Certifications do not qualify as newly discovered evidence because the supposed basis for these certifications, City Ordinance No. 7959, was already in effect in 2001, years before the Court of Appeals rendered its original Decision in 2005. | |||||