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THIRD DIVISION
PERALTA, J, Chairperson,
LEONEN,
- versus - GESMUNDO,*
REYES, J., JR., * and
HERNANDO, JJ.
DECISION
PERALTA, J.:
On wellness leave.
Rollo, pp. 33-47. Penned by Associate Justice Edgardo L. Delos Santos, and concurred in by
Associate Justice Edward B. Contreras and Associate Justice Gabriel T. RobenioL
2
Id. at 50-54.
Id at 55-65. Penned by Presiding Judge Ulric R. Canete.
/
Decision -2- G.R. No. 224389
id. at 55.
/
id. at 13.
id.
Decision -3- G.R. No. 224389
Jesusa Longakit alleges that she was one of the agents who sold the subject
property to Merllen T. Lee. 7
Id.
Id. at 14.
9
Id. at 15.
10
Id. at 38.
Decision -4- G.R. No. 224389
SO ORDERED. 11
Petitioner raises the following issues: (a) whether the pro hac vice
ruling in Republic of the Phils. v. Vega, et al. 13 can be applied in favor of
petitioner, contrary to the n1ling in Rep. of the Phils. v. TA.N. Properties,
14
Inc.; and (b) whether there is cogent reason to revisit the Court's ruling in
Rep. of the Phils. v. TA.N. Properties, Inc. 15
II
12
13
14
Id. at 46.
Id. at 45.
654 Phil. 511 (2011)
578 PhiL 441 (2008):
c1
15
Id.; ro!lo, p. 16.
16
519 Phil. 644 (2006)
17 Id at 671. ·
18
704 Phil. 260(2013)
19
Id. at 277. .
20
Supra note 14.
Decision - :i - G.R. No. 224389
21
22
2]
id. at 452-453.
Republic of the Phils. v. Vega, et al., supra note 13, at 527.
G.R. No. 189723, July 11, 2018.
If
Decision -6- G.R. No. 224389
cases, notably in the 2011 pro hac vice case of Republic v. Vega, where
the general rule was nevertheless summarized and reaffirmed in this wise:
x x x [A]n applicant has the burden of proving that the public land
has been classified as alienable and disposable. To do this, the applicant
must show a positive act from the government declassifying the land from
the public domain and converting it into an alienable and disposable land.
"[T]he exclusive prerogative to classify public lands under existing laws is
vested in the Executive Department." In Victoria v. Republic:
24
Republic of the Philippines v. Ma/i/cm-Jai·ier. G.R. No. 214367, April 4, 2018. citing Republic of
the Philippines v. Spouses Go, G.R. No. 197297. Augu<:t 2, 2017. /1'f'
zs Id. t/ 1
Decision -7- G.R. No. 224389
xx xx
The CENRO certification is issued only to verify the DENR
Secretary issuance through a survey. 26 (Citations omitted)
26
Republic of the Philippines v. Mal(ian-Javier, supra note 24, citing Republic of the Philippines v.
S[1011se.1; Go, supra note 24.
2
Republic of the Phil.1·. v. Vega. et al.. supra note 13, at 527. ,,£;
28
Supra note 14. {,I I
"
SO ORDERED.
WE CONCUR:
~..-
U1 ..
RAMON PAULL.HERNANDO
Associate Justice
ATTESTATION
I attest that the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer of the opinion of the
Court's Division.
CERTIFICATION
Qc_
ANTONIO T. CA
Senior Associate Justice
(Per Section 12, Republic Act
No. 296, The Judiciary Act of
1948, as amended)
v.~
D i v i s i~l n C I e r k o f C o u rt
Third Division
NOV 1 4 2018