Tuesday, April 21, 2009

TANG SING PAN V. REPUBLIC OF THE PHILIPPINES (CIVIL)


In Director of Lands v. Benitez, the Court categorically stated that publication is essential to establish jurisdiction in land registration and cadastral cases, without which the court cannot acquire jurisdiction thereon or obtain any authority to proceed therewith.

it is incumbent upon the petitioners to establish by positive proof that the publication requirement has been complied with, that with the fact that they are the ones who stood to be benefited by adjudication of the subject lot. Regrettably, they failed to present proof of publication of the Notice of Initial Hearing.

There being no indication at all from the records of the case that notice of the Order for Initial Hearing was published in the Official Gazette and in a newspaper of general circulation, without which the trial court did not acquire jurisdiction over the case, the decision rendered by the CFI confirming petitioners' title over the subject lot is void ab initio for having been rendered without jurisdiction.

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