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[G.R. No. 35364. October 29, 1931. ]

THE PROVINCE OF TAYABAS, Plaintiff-Appellant, v. SIMEON PEREZ, Defendant-Appellee. GODOFREDO REYES and DOMINGO LOPEZ, Intervenors-Appellants.

Attorney-General Jaranilla,, for Plaintiff-Appellant.

The intervenors-appellants in their own behalf.

Agustin Alvares Salazar, for Appellee.


1. EMINENT DOMAIN; HEARING UPON COMMISSIONERS’ REPORT; PROCEDURE. — It is the intention of the law that a proper hearing with both parties present, be had upon the commissioners’ report in condemnation proceedings like the present. Even in cases where both parties, plaintiff and defendant, agree with the commissioners in their report, such acquiescence must appear in the record of that hearing. (City of Manila v. Batlle, 27 Phils, 34.)

2. ID.; ID.; ID. — When the commissioners’ report is not in accordance with the law on the matter, it cannot serve as the basis of the judicial decision but must be annulled and set aside, and the case remanded to the court below for reopening of the trial.

3. ID., STATUTORY CONSTRUCTION; ACTS OF PHILIPPINE CIVIL COMMISSION. — The word "lectura" in the Spanish text of section 246 of the Code of Civil Procedure (1 Leyes P
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