1 Rollo, p. 29.
2 Decreeing the Emancipation of Tenants from the Bondage of the Soil Transferring to Them the Ownership of the Land They Till and Providing the Instruments and Mechanism therefor (21 October 1972).
3 Declaring Full Land Ownership to Qualified Farmer Beneficiaries Covered by Presidential Decree No. 27, Determining the Value of Remaining Unvalued Rice and Corn Lands Subject of P.D. No. 27, and Providing for the Manner of Payment by the Farmer Beneficiary and Mode of Compensation to the Landowner (17 July 1987).
4 Rollo, p. 52.
5 Records, p. 9.
6 Determined by the Secretary of Agrarian Reform (SAR) through the Barangay Committee on Land Productivity; Records, p. 42.
7 Determined by the SAR using the AGP of 25.66 and GSP of
P35.00; Records, p. 43-45.
8 Rollo, p. 10.
9 Id., p. 9.
While the hearing in the PARAD was ongoing,
the DAR Regional Director of Region II was still conducting his own valuation
proceedings for the Secretary.
in the process of valuing Parcel 3 with TCT No 16653 when the aforementioned
ruling of the PARAD was promulgated.
Thus, in the Claim Folder sent to
petitioner, the Regional Director II adopted the AGP declared by the
PARAD. Abiding by the PARAD ruling, the Director also used the GSP in 1992
instead of the GSP in 1972, which the SAR used in valuing Parcel
As a result, Parcel 3 was estimated at
However, although both the PARAD and the
Regional Director used the same formula, the valuation for Parcel 3 did not
tally since the PARAD found that the lot actually transferred to beneficiaries
was larger than what the Director had estimated.
11 Decision of the PARAD wherein the GSP for 1992 was used to value the land in accordance with the ruling in Galeon v. Pastoral, CA-G.R. SP No. 23168; Rollo, p. 36.
This valuation was computed using the AGPs
stated therein and the GSP of
P300.00 for rice land and P250.00
for corn land; Records, p. 18.
13 Records, p. 19.
14 Letter of SAR to LBP; Rollo, p. 39.
SAR valued Parcel
see Note 5.
16 Rollo, p. 40.
17 x x x 2. All land valuation cases which involve just compensation issues under Presidential Decree No. 27 may, upon proper motion, be returned to the LBP for recomputation in accordance with the mandate under Administrative Order No. 13, s. 1994. We would like to inform all Adjudicators that the DARAB does not have jurisdiction to hear valuation cases relative to PD 27, such matters being considered as part of the administrative implementation of PD 27, and therefore cognizable exclusively by the Office of the Secretary. This principle is found in Section 12 of Presidential Decree No. 946, which states the following: x x x Provided however that matters involving the administrative implementation of the transfer of land to the tenant farmer under Presidential Decree No. 27 and amendatory and related decrees, orders, instructions, rules and regulations shall be exclusively cognizable by the Secretary of Agrarian Reform, namely x x x (4) determination of the total production and value of the land to be transferred.
18 Rollo, p. 46.
19 Id., p.19.
20 Id., p. 51.
21 The Administrative Order imposed a 6% compounded interest per annum on the determined Land Value belonging to landowners who have not been paid from the time their lands were taken.
22 Rollo, p. 77.
23 Recognizing the Court of Agrarian Relations, Streamlining their Procedures and for Other Purposes (17 July 1976); Sec. 12. Jurisdiction over Subject Matter. The Court of Agrarian Relations shall have original and exclusive jurisdiction over x x x b) Questions involving rights granted and obligations imposed by laws, Presidential Decrees, Orders, Instructions, Rules and Regulations issued and promulgated in relation to the agrarian reform program; Provided however that matters involving the administrative implementation of the transfer of land to the tenant farmer under Presidential Decree No. 27 and amendatory and related decrees, orders, instructions, rules and regulations shall be exclusively cognizable by the Secretary of Agrarian Reform, namely x x x (4) determination of the total production and value of the land to be transferred."
24 Providing the Mechanism for the Implementation of the Comprehensive Agrarian Reform Program (22 July 1987); Sec. 17. Quasi Judicial Power of the DAR. - The DAR is hereby vested with quasi-judicial powers to determine and adjudicate agrarian reform matters, and shall have exclusive jurisdiction over all matters involving implementation of agrarian reform, except those falling under the exclusive original jurisdiction of the DENR and the Department of Agriculture (DA).
25 An Act Instituting the Comprehensive Agrarian Reform Program to Promote Social Justice and Industrialization; Providing the Mechanism for its Implementation, and for Other Purposes (CARL) (10 June 1988); Sec 50. Quasi-Judicial Powers of the DAR. - The DAR is hereby vested with primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform, except those falling under the exclusive jurisdiction of the Department of Agriculture and the Department of Environment and Na tural Resources.
26 Sec. 76. Repealing Clause. - Section 35 of Republic Act No. 3844, Presidential Decree No. 316, the last two paragraphs of Section 12 of Presidential Decree No. 946, Presidential Decree No 1038, and all other laws and decrees, executive orders, rules and regulations, issuances or parts thereof inconsistent with this Act are hereby repealed or amended accordingly.
27 See Note 17.
see Note 7.
29 G.R. No 109093, 20 November 1995, 250 SCRA 176, citing Quismundo v. Court of Appeals, G.R. No. 95664, 13 September 1991, 201 SCRA 609, reiterated in Tiongson v. Court of Appeals, G.R. Nos. 85403-06, 23 September 1992, 214 SCRA 197.
30 Sec. 1, par. (b), Rule II, 1994 Revised Rules of the DARAB.
31 Association of Small Landowners in the Philippines, Inc. v. Secretary of Agrarian Reform, G.R. No. 78742, 14 July 1989, 175 SCRA 343.
32 Rollo, p. 197.
33 Amending Certain Provisions of RA 3844, as amended, entitled "The Code of Agrarian Reform in the Philippines" (21 July 1973).
34 Agricultural Land Reform Code (8 August 1963).
35 Rollo, p. 16.
36 Id., p. 17.
37 Sec. 75. Suppletory Application of Existing Legislations. - The provisions of Republic Act No. 3844 as amended, Presidential Decree Nos. 27 and 266 as amended, Executive Order Nos. 228 and 229, both Series of 1987; and other laws not inconsistent with this Act shall have suppletory effect.
38See Note 31.
39 G.R. No. 93661, 4 September 1991, 201 SCRA 299.
40 Deed of Absolute Sale.
41 Rollo, p. 30.
42 Records, p. 63.
43 Rollo, p. 17.
44 Id., pp. 201-202.
45 Records, p. 63.
46 Rollo, p. 200.
47 Id., p. 39.
48 Id., p. 46.
49 Records, p. 63.
50 Sec. 11, Rule XIII, 1994 DARAB Rules.
51 LV = Land Value; AGP = Average Gross Production in cavan of 50 kilos in accordance with DAR Memorandum Circular No. 26, series of 1973.
P35 = Government Support Price for palay
in 1972 pursuant to Executive Order No. 228; P31 = Government Support Price for corn in 1972 pursuant
to Executive Order No. 228;
n = number
of years of tenancy up to effectivity date of AO No. 13.
52 See Note 10.
53 I. Prefatory Statement. - Presidential Decree No. 27 issued on October 21, 1972 and Executive Order No. 228 dated 17 August 1987 declared the actual tenant-tillers as deemed full owners of the land they till, thereby resulting in the effective dispossession of the landowners of their lands. A number of these lands remain unpaid in view of the non-acceptance by the landowners of the compensation due to land valuation. Had the landowner been paid from the time of taking his land and the money deposited in the bank, the money would have earned the interest rate compounded annually as authorized by banking laws, rules and regulations.