Land Bank & DAR vs CA, Yap, et al GR 118712 GR 118745

 

Land Bank vs CA, Yap, et al
G.R. No. 118712, Oct. 6, 1995,
249 SCRA 149 (1995)

DAR vs CA, Yap, et al

GR No. 118745, July 5, 1996

Facts:
Private respondents are landowners whose landholdings were acquired by the DAR and subjected to transfer schemes to qualified beneficiaries under the CARL.

Section .16(e) of RA 6657 provides as follows:

"SECTION 16.         Procedure for Acquisition of Private Lands. — . . .

(e)     Upon receipt by the landowner of the corresponding payment or, in case of rejection or no response from the landowner, upon the deposit with an accessible bank designated by the DAR of the compensation in cash or in LBP bonds in accordance with this Act, the DAR shall take immediate possession of the land and shall request the proper Register of Deeds to issue a Transfer Certificate of Title (TCT) in the name of the Republic of the Philippines . . ." (Emphasis supplied)


Petitioners assail decision of CA which ruled as follows:

WHEREFORE, premises considered, the Petition for Certiorari and Mandamus is hereby GRANTED:

a)   DAR Administrative Order No. 9, Series of 1990 is declared null and void insofar as it provides for the opening of trust accounts in lieu of deposits in cash or bonds;

b) Landbank is ordered to immediately deposit — not merely "earmark", "reserve" or "deposit in trust" — with an accessible bank designated by DAR in the names of the following [private respondents] the following amounts in cash and in government financial instruments — within the parameters of Sec. 18 (1) of RA 6657:
P 1,455,207.31 Pedro L. Yap
P 135,482.12 Heirs of Emiliano Santiago
P 15,914,127.77 AMADCOR;

c) The DAR-designated bank is ordered to allow the [private respondents] to withdraw the above-deposited amounts without prejudice to the final determination of just compensation by the proper authorities;

Issue:
Whether or not private respondents are entitled to withdraw the amounts deposited in trust in their behalf pending the final resolution of the cases involving the final valuation of their properties

Held:
YES. The attempt to make a distinction between the deposit of compensation under Section 16(e) of RA 6657 and determination of just compensation under Section 18 is unacceptable. To withhold the right of the landowners to appropriate the amounts already deposited in their behalf as compensation for their properties simply because they rejected the DAR's valuation, and notwithstanding that they have already been deprived of the possession and use of such properties, is an oppressive exercise of eminent domain.

Comments

Post a Comment

Popular posts from this blog

LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. AQUINO G.R. No. 73748

  [President Corazon C. Aquino] was installed by direct sovereignty, the people. The people have accepted the Aquino government which is in effective control of the entire country. It is not merely a de facto government but in fact and law a je jure government; and the community of nations has recognized the legitimacy of the new government. LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. AQUINO (G.R. No. 73748 - May 22, 1986) (There is no "Full-Text" of this case. This is a Minute Resolution made by the SC.) Minute Resolutions EN BANC   SIRS/MESDAMES: Quoted hereunder, for your information, is a resolution of this Court MAY 22, 1986. In G.R. No. 73748, Lawyers League for a Better Philippines vs. President Corazon C. Aquino, et al .; G.R. No. 73972, People's Crusade for Supremacy of the Constitution vs. Mrs. Cory Aquino, et al ., and G.R. No. 73990, Councilor Clifton U. Ganay vs. Corazon C. Aquino, et al ., the legitimacy of the government of President Aquin...
Read more

Cruz vs Secretary of DENR GR. No. 135385, Dec. 6, 2000

Cruz vs Secretary of DENR Natural Resources and Environmental Law; Constitutional Law; IPRA; Regalian Doctrine   GR. No. 135385, Dec. 6, 2000   FACTS : Petitioners Isagani Cruz and Cesar Europa filed a suit for prohibition and mandamus as citizens and taxpayers, assailing the constitutionality of certain provisions of Republic Act No. 8371, otherwise known as the Indigenous People’s Rights Act of 1997 (IPRA) and its implementing rules and regulations (IRR). The petitioners assail certain provisions of the IPRA and its IRR on the ground that these amount to an unlawful deprivation of the State’s ownership over lands of the public domain as well as minerals and other natural resources therein, in violation of the regalian doctrine embodied in section 2, Article XII of the Constitution.   ISSUE : Do the provisions of IPRA contravene the Constitution?   HELD : No, the provisions of IPRA do not contravene the Constitution. Examining the IPRA, there...
Read more

Francisco v. House of Representatives, G.R. No. 160261, November 10, 2003,

V erba legis , that is, wherever possible, the words used in the Constitution must be given their  ordinary meaning  except where technical terms are employed. ERNESTO B. FRANCISCO, JR. vs. THE HOUSE OF REPRESENTATIVES G.R. No. 160261. November 10, 2003. http://lapispapelatereyser.blogspot.com/2012/10/case-digest_9528.html FACTS: On July 22, 2002, the House of Representatives adopted a Resolution, sponsored by Representative Felix William D. Fuentebella, which directed the Committee on Justice "to conduct an investigation, in aid of legislation, on the manner of disbursements and expenditures by the Chief Justice of the Supreme Court of the Judiciary Development Fund (JDF)."   On June 2, 2003, former President Joseph E. Estrada filed an impeachment complaint against Chief Justice Hilario G. Davide Jr. and seven Associate Justices of this Court for "culpable violation of the Constitution, betrayal of the public trust and other high crimes." The complaint ...
Read more