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Barangay Matictic vs. J.M. Elbinias

BARANGAY MATICTIC, Municipality of Norzagaray, Province of Bulacan, petitioner, vs. HONORABLE J. M. ELBINIAS as District Judge, CFI of Bulacan, Branch V and SPOUSES JOSE SERAPIO and GREGORIA PACIDA, et al., respondents.

G.R. No. L-48769 | 1987-02-27

D E C I S I O N


ALAMPAY, J.:

Subject of the petition is the Order dated May 12,1978 of the then Court of First Instance of Bulacan, Branch V, dismissing without prejudice, Civil Case No. SM-234, entitled "Municipality of Norzagaray vs. Jose Serapio, et al.". Civil Case No. SM-234 is an expropriation proceeding filed by the Municipality of Norzagaray which the public respondent Judge dismissed on the ground that at the time the original complaint was filed, the plaintiff municipality had not yet obtained the requisite authority from the Department Head or Office of the President, as required in Section 2245 of the Revised Administrative...