This case has been cited 1 times or more.
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2009-04-29 |
TINGA, J. |
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| With respect to Section 14(1), petitioners reiterate that the analysis of the Court in Naguit is the correct interpretation of the provision. The seemingly contradictory pronouncement in Herbieto, it is submitted, should be considered obiter dictum, since the land registration proceedings therein was void ab initio due to lack of publication of the notice of initial hearing. Petitioners further point out that in Republic v. Bibonia,[14] promulgated in June of 2007, the Court applied Naguit and adopted the same observation that the preferred interpretation by the OSG of Section 14(1) was patently absurd. For its part, the OSG remains insistent that for Section 14(1) to apply, the land should have been classified as alienable and disposable as of 12 June 1945. Apart from Herbieto, the OSG also cites the subsequent rulings in Buenaventura v. Republic,[15] Fieldman Agricultural Trading v. Republic[16] and Republic v. Imperial Credit Corporation,[17] as well as the earlier case of Director of Lands v. Court of Appeals.[18] | |||||