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1 Originally entitled as Hon. Felipe P. de Vera, in his capacity as Presiding Judge of the Court of First Instance of Pangasinan, Branch XII, Petitioner, versus The Hon. Court of Appeals, Carmen Tibudan, Eugenia Tibudan, Lolita Tibudan-Solis and Francisco Tibudan, Respondents. However, in its resolution dated July 31, 1978, the Court ordered that the Director of Lands be deemed impleaded as party petitioner and duly represented by the Solicitor General who filed the petition at bar; Rollo, p. 179.

2 Special Fifth Division; Penned by Justice Luis B. Reyes with Justices Mariano Serrano and Nestor B. Alampay, concurring and Justices Pacifico P. de Castro and Hugo E. Gutierrez, dissenting.

3 Resolution of the Court dated October 14, 1996, par. No. 1; Rollo, p. 179.

4 Underscoring supplied for emphasis.

5 Court of Appeals Decision, pp. 49-56.

6 Resolution dated November 2, 1977, Rollo, p. 1.

7 Resolution dated October 14, 1996, Rollo, p. 181. The correct date of the order of denial to present evidence is October 29, 1974. The order of September 16, 1974 was the order allowing the withdrawal of the application of Lourdes Marmolejo. See also Rollo p. 28.

8 Rollo, p. 28.

9 Rollo, p. 58., underscoring supplied for emphasis.

10 97 Phil. 766.

11 104 Phil 965.

12 The petition in the Court of Appeals was entitled CARMEN TIBUDAN, EUGENIA TIBUDAN, LOLITA TIBUDAN-SOLIS and FRANCISCO TIBUDAN, Petitioners, versus HON. FELIPE P. DE VERA, in his capacity as Presiding Judge of the Court of First Instance of Pangasinan, Branch XII, and DIRECTOR OF LANDS, Respondents., Rollo, p. 48.

13 Rule 65, Section 5. Defendant and costs in certain cases. - When the petition filed relates to the acts or omissions of a court or judge, the person or persons interested in sustaining the proceedings in court; and it shall be the duty of such person or persons to appear and defend, both in his or their own behalf and in behalf of the court or judge affected by the proceeding, and costs awarded in such proceedings in favor of the petitioner shall be against the person or persons in interest only, and not against the court or the judge.

14 Cabaero vs. Cantos, 271 SCRA 391; citing Section 8 Rule 15 of the Revised Rules of Court.

15 Ibid. pp. 60-66.

16 Republic vs. Hernandez, 253 SCRA 509.

17 Marcopper Mining Corporation v. Garcia. 143 SCRA 178, citing Franciscos Civil Procedure, Vol. 1. 2 ed., 1973.

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