This case has been cited 2 times or more.
2009-06-30 |
VELASCO JR., J. |
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We can concede that the unverified petition for relief from judgment of the OSG was filed out of time. Such a petition must be filed within: (a) sixty (60) days from knowledge of judgment, order, or other proceedings to be set aside; and (b) six (6) months from entry of such judgment, order, or other proceedings.[25] In the case at bar, the OSG admits receiving the May 24, 1999 Decision on June 22, 1999. Thus, when it did not file a notice of appeal of said decision within the 15-day reglementary period for filing an appeal, the OSG was left with the remaining remedy of relief from judgment subject to the conditions provided under Secs. 1 and 3 of Rule 38 of the Rules of Court. But, as thing turned out, the OSG, for the Republic, belatedly filed its petition only on November 24, 1999, or more than five months from receipt or knowledge of the May 24, 1999 RTC Decision. | |||||
2008-02-26 |
CHICO-NAZARIO, J. |
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Central to this controversy is the possession of the above three adjoining parcels of land (subject properties) which are all situated in Barangay San Isidro, Cabangan, Zambales, with an area of 1,200 square meters each. The subject properties are being claimed by petitioner to be part of the property described under Tax Declaration No. 16-0032 in the name of his deceased father, Celestino Arbizo. Respondents, on the other hand, assert ownership over the same based on separate titles in their names, particularly: (a) Transfer Certificate of Title (TCT) No. T-50723 in the names of the spouses John and Luz Marie Wassmer;[5] (b) TCT No. 50722 in the name of Pacita Marcelo;[6] and (c) TCT No. T-50725 in the names of the spouses Antonio and Rosario Santillan.[7] |