Category Archives: DAR

Interest payments borne by government, not by farmers-beneficiaries

Interest payments borne by government, not by farmers-beneficiaries  Nor do we find any merit in the LBP’s assertion that the large amount of just compensation that we awarded the petitioners, together with the amount of interest due, would necessarily result … Continue reading

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Expropriation for agrarian reform requires the payment of just compensation

Expropriation for agrarian reform requires the payment of  just compensation The LBP claims that the just compensation in this case should be determined within the context of the article on social justice found in the 1987 Constitution. In the LBP’s … Continue reading

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The doctrine of primary jurisdiction does not allow a court to arrogate unto itself authority to resolve a controversy, the jurisdiction over which is initially lodged with an administrative body of special competence.[

Petitioners Cesar Caguin, Cleofas Vitor, Teresita Vitor, Jose Levitico Dalay, Marcelo Dalay, Esperanza Mario, Celestina Cosico, Ma. Ruth Pacurib, and Raquel San Juan, through the Legal Assistance Division of the DAR, claim that findings of fact of the DARAB should … Continue reading

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The DARAB has jurisdiction over cases involving the issuance, correction and cancellation of CLOAs which were registered with the LRA. However, for the DARAB to have jurisdiction in such cases, they must relate to an agrarian dispute between landowner and tenants to whom CLOAs have been issued by the DAR Secretary

Verily, our ruling in Heirs of Julian dela Cruz v. Heirs of Alberto Cruz[17]is instructive:   The Court agrees with the petitioners’ contention that, under Section 2(f), Rule II of the DARAB Rules of Procedure, the DARAB has jurisdiction over … Continue reading

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Once an expropriation proceeding for the acquisition of private agricultural lands is commenced by the DAR, the indispensable role of LBP begins, which clearly shows that there would never be a judicial determination of just compensation absent respondent LBP’s participation

We stated in Heirs of Roque F. Tabuena v. Land Bank of the Philippines22 that “once an expropriation proceeding for the acquisition of private agricultural lands is commenced by the DAR, the indispensable role of LBP begins.”23 In Heirs of … Continue reading

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The payment of the provisional compensation determined by the PARAD in the summary administrative proceedings under Section 16 (d) should precede the taking of the land.

The LBP posits that under Sec. 16(e) of RA 6657, and as espoused in Land Bank of the Philippines v. Court of Appeals,[18] it is the purchase price offered by the DAR in its notice of acquisition of the land … Continue reading

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Issues of Exclusion and/or Exemption which are characterized as Agrarian Law Implementation (ALI) cases are well within the DAR Secretary’s competence and jurisdiction

Finally, it is established that issues of Exclusion and/or Exemption are characterized as Agrarian Law Implementation (ALI) cases which are well within the DAR Secretary’s competence and jurisdiction.[65]  Section 3, Rule II of the 2003 Department of Agrarian Reform Adjudication … Continue reading

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