This case has been cited 2 times or more.
|
2015-03-11 |
DEL CASTILLO, J. |
||||
| Petitioner further argues, at this stage of the proceedings, that the Calamba RTC's December 9, 2005 Decision granting respondents' application for registration is null and void for lack of the required certification from the Secretary of the Department of Environment and Natural Resources (DENR) that the land applied for is alienable and disposable land of the public domain. It claims that the mere testimony of a special investigator of the Community Environment and Natural Resources Office (CENRO) cannot form the basis for the Calamba RTC's finding that the land applied for is alienable and disposable, pursuant to the ruling in Republic v. Hanover Worldwide Trading Corporation;[39] respondents should have submitted a copy of the original classification approved by the DENR Secretary and certified as a true copy by the legal custodian of the official records. Petitioner justifies the raising of the issue at this late stage, arguing that the State may not be estopped by the mistakes of its officers and agents; and that when the inference made by the CA is based on a misapprehension of facts, or when its findings of fact are manifestly mistaken, absurd or impossible, as in this case, its erroneous decision may be reviewed by this Court.[40] | |||||
|
2013-10-23 |
MENDOZA, J. |
||||
| Strangely, the Court cannot find any evidence to show the subject land's alienable and disposable character, except for a CENRO certification submitted by Aboitiz. Clearly, his attempt to comply with the first requisite of Section 14(1) of P.D. No. 1529 fell short due to his own omission. In Republic v. Hanover Worldwide Trading Corporation,[18] the Court declared that the CENRO is not the official repository or legal custodian of the issuances of the DENR Secretary declaring the alienability and disposability of public lands. Thus, the CENRO Certification should be accompanied by an official publication of the DENR Secretary's issuance declaring the land alienable and disposable. For this reason, the application for registration of Aboitiz should be denied. | |||||