This case has been cited 1 times or more.
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2008-11-28 |
NACHURA, J. |
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| We take this opportunity to remind the PARAD and the CA that "courts of justice have no power to decide a question not in issue." A judgment that goes beyond the issues, and purports to adjudicate something on which the parties were not heard, is extra-judicial, irregular and invalid. This norm applies not only to courts of justice, but also to quasi-judicial bodies such as the PARAD. Accordingly, premature and irregular were the PARAD ruling on the retention rights of the respondents, and the CA decision on the non-agricultural character of the land subject of this controversy -- these issues not having passed the scrutiny of the DAR Secretary -- are premature and irregular.[37] | |||||