04/02/2020
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Reconsideration. The Court also notes the appellate court's observation that
petitioner began to question the jurisdiction of the COSLAP only when he realized
that his period to appeal the COSLAP's decision had already lapsed.[10] It has been
repeatedly held by this Court that the active participation of a respondent in the case
pending against him before a court or a quasi-judicial body is tantamount to a
recognition of that court's or body's recognition and a willingness to abide by the
resolution of the case and will bar said party from later on impugning the court's or
body's jurisdiction.[11]
Moreover, Executive Order No. 561 creating the COSLAP, the law then prevailing
when private respondents filed their complaint for cancellation of FLGLA No. 542,
provides in Section 3, paragraph 2(a) thereof that said Commission may assume
jurisdiction over land disputes involving occupants of the land in question and
pasture lease agreement holders:
Sec. 3. Powers and Functions. -- The Commission shall have the following
powers and functions:
xxx
2. Refer and follow-up for immediate action by the agency having
appropriate jurisdiction any land problem or dispute referred to the
Commission: Provided, That the Commission, may, in the following cases,
assume jurisdiction and resolve land problems or disputes which are
critical and explosive in nature considering, for instance, the large
number of the parties involved, the presence or emergence of social
tension or unrest, or other similar critical situations requiring immediate
action:
(a) Between occupants/squatters and pasture
agreement holders or timber concessionaires;
lease
(b) Between occupants/squatters and government reservation
grantees;
(c) Between occupants/squatters and public land claimants or
applicants;
(d) Petitions for classification, release and/or subdivision of
lands of the public domain; and
(e) Other similar land problems of grave urgency and
magnitude.
The Commission shall promulgate such rules of procedure as will insure
expeditious resolution and action on the above cases. The resolution,
order or decision of the Commission on any of the foregoing cases shall
have the force and effect of a regular administrative resolution, order or
decision and shall be binding upon the parties therein and upon the
agency having jurisdiction over the same. Said resolution, order or
decision shall become final and executory within thirty (30) days from its
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