This case has been cited 5 times or more.
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2014-09-09 |
BERSAMIN, J. |
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| Atty. Dealca was apparently referring to the minute resolutions the Court could have promulgated in frequently dismissing his unmeritorious petitions. His arrogant posturing would not advance his cause now. He thereby demonstrated his plain ignorance of the rules of procedure applicable to the Court. The minute resolutions have been issued for the prompt dispatch of the actions by the Court.[24] Whenever the Court then dismisses a petition for review for its lack of merit through a minute resolution, it is understood that the challenged decision or order, together with all its findings of fact and law, is deemed sustained or upheld,[25] and the minute resolution then constitutes the actual adjudication on the merits of the case. The dismissal of the petition, or its denial of due course indicates the Court's agreement with and its adoption of the findings and conclusions of the court a quo.[26] | |||||
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2012-08-10 |
PEREZ, J. |
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| Thus, where the same question relating to the same event is brought by parties similarly situated as in a previous case already litigated and decided by a competent court, the rule of stare decisis is a bar to any attempt to relitigate the same issue.[14] | |||||
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2007-12-14 |
TINGA, J, |
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| The issuance of the original and owner's duplicate certificates are basic for the valid existence of the title. Issuance of additional copies are permissive and their non-existence does not affect the status of title. A certificate of title is deemed as regularly issued with the issuance of the original copy and owner's duplicate.[41] So was Professor Francisco Ventura: Immediately upon the issuance and entry of the decree of registration, the Commissioner of Land Registration sends a certified copy thereof, under seal of the said office, to the Register of Deeds of the province where the land lies, and the register of Deeds transcribes the decree in a book, called the Registration Book," in which a leaf, or leaves, in consecutive order should be devoted exclusively to each title. The entry made by the Register of Deeds in said book constitutes the original certificate of title and is signed by him and sealed with the seal of his office.[42] The same view came from Professor Narciso Peña, also a former Assistant Commissioner of the Land Registration Commission and Acting Register of Deeds of Manila, as he wrote, thus: Thus, Section 42 of Act No. 496 provides that the certificate first registered in pursuance of the decree of registration in regard to any parcel of land shall be entitled in the registration book "Original Certificate of Title, entered pursuant to decree of the Court of Land Registration, dated at (stating time and place of entry of decree and the number of the case). This certificate shall take effect upon the date of the transcription of the decree. Subsequent certificates relating to the same land shall be in like form, but shall be entitled. "Transfer from number (the number of the next previous certificate relating to the same land)," and also the words "Originally registered (date, volume, and page of registration).[43] The dissent has likewise suggested that the variance between these two dates is ultimately inconsequential. It cannot be so for otherwise, the recent decision of the Court in Alfonso v. Office of the President[44] would simply be wrong. In Alfonso, the Court precisely penalized Alfonso, the former register of deeds of Caloocan because she acquiesced to the change of the date of registration of OCT No. 994, as reflected in several subsequent titles purportedly derived from that mother title, from 3 May 1917 to 19 April 1917. If indeed the difference in dates were "inconsequential," then it should not have really mattered that Mrs. Alfonso, as found by the Court, had invariably issued certificates of title, reflecting either the 19 April or 3 May date, a circumstance which, the Court concluded, was irregular. But if the Court were to accede to the dissent and agree that it did not really matter whether the date of registration of OCT No. 994 was 3 May or 19 April, then poor Mrs. Alfonso should be spared of the penalty of dismissal from the service which the Court had already affirmed. | |||||
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2007-06-29 |
NACHURA, J. |
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| In previous cases, the Court has held, "When a court has laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle and apply it to all future cases in which the facts are substantially the same. Stare decisis et non quieta movere. Stand by the decision and disturb not what is settled. It simply means that a conclusion reached in one case should be applied to those that follow if the facts are substantially the same, even though the parties may be different. It comes from the basic principle of justice that like cases ought to be decided alike. Thus, where the same question relating to the same event is brought by parties similarly situated as in a previous case already litigated and decided by a competent court, the rule of stare decisis is a bar to any attempt to relitigate the same issue."[53] | |||||