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8/3/2019 lbp vs CA final
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[G.R. No. 118712. October 6, 1995.]
LAND BANK OF THE PHILIPPINES, petitioner, vs. COURT OF APPEALS, PEDRO L. YAP,
HEIRS OF EMILIANO F. SANTIAGO, AGRICULTURAL MANAGEMENT & DEVELOPMENT
CORP., respondents.
[G.R. No. 118745. October 6, 1995.]
DEPARTMENT OF AGRARIAN REFORM, represented by the Secretary of Agrarian
Reform, petitioner, vs. COURT OF APPEALS, PEDRO L. YAP, HEIRS OF EMILIANO F.
SANTIAGO, AGRICULTURAL MANAGEMENT & DEVELOPMENT CORP., ET AL.,
respondents.
Gonzales, Aquino & Associates for petitioner Land Bank of the Philippines.
Fernando A. Santiago for private respondents.
The Solicitor General for respondents. aisadc
SYLLABUS
1. LABOR AND SOCIAL LEGISLATION; COMPREHENSIVE AGRARIAN REFORM LAW;
LAND ACQUISITION; SECTION 16(e) THEREOF; CONSTRUED. Section 16(e) of RA
6657 provides as follows: "Sec. 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. . . ." It is very explicit therefrom
that the deposit must be made only in "cash" or in "LBP bonds." Nowhere does it
appear nor can it be inferred that the deposit can be made in any other form. If it
were the intention to include a "trust account" among the valid modes of deposit,
that should have been made express, or at least, qualifying words ought to have
appeared from which it can be fairly deduced that a "trust account" is allowed. In
sum, there is no ambiguity in Section 16(e) of RA 6657 to warrant an expanded
construction of the term "deposit."
2. ID.; ID.; ID.; RULE IN CASE THERE IS A DISCREPANCY BETWEEN THE BASIC
LAW AND AN IMPLEMENTING RULE OR REGULATION; APPLICATION IN CASE AT BAR. The conclusive effect of administrative construction is not absolute. Action of an
administrative agency may be disturbed or set aside by the judicial department if
there is an error of law, a grave abuse of power or lack of jurisdiction or grave
abuse of discretion clearly conflicting with either the letter or the spirit of a
legislative enactment. In this regard, it must be stressed that the function of
promulgating rules and regulations may be legitimately exercised only for the
purpose of carrying the provisions of the law into effect. The power of
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administrative agencies is thus confined to implementing the law or putting it into
effect. Corollary to this is that administrative regulations cannot extend the law and
amend a legislative enactment, for settled is the rule that administrative regulations
must be in harmony with the provisions of the law. And in case there is a
discrepancy between the basic law and an implementing rule or regulation, it is the
former that prevails. In the present suit, the DAR clearly overstepped the limits ofits power to enact rules and regulations when it issued Administrative Circular No.
9. There is no basis in allowing the opening of a trust account in behalf of the
landowner as compensation for his property because, as heretofore discussed,
Section 16(e) of RA 6657 is very specific that the deposit must be made only in
"cash" or in "LBP bonds." In the same vein, petitioners cannot invoke LRA Circular
Nos. 29, 29-A and 54 because these implementing regulations cannot outweigh the
clear provision of the law. Respondent court therefore did not commit any error in
striking down Administrative Circular No. 9 for being null and void.
3. ID.; ID.; ID.; FAIR AND IMMEDIATE COMPENSATION MANDATED. The ruling
in the "Association" case merely recognized the extraordinary nature of the
expropriation to be undertaken under RA 6657 thereby allowing a deviation from
the traditional mode of payment of compensation and recognized payment other
than in cash. It did not, however, dispense with the settled rule that there must be
full payment of just compensation before the title to the expropriated property is
transferred. 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 anduse of such properties, is an oppressive exercise of eminent domain. The irresistible
expropriation of private respondents' properties was painful enough for them. But
petitioner DAR rubbed it in all the more by withholding that which rightfully belongs
to private respondents in exchange for the taking, under an authority (the
"Association" case) that is, however, misplaced. This is misery twice bestowed on
private respondents, which the Court must rectify. Hence, we find it unnecessary to
distinguish between provisional compensation under Section 16(e) and final
compensation under Section 18 of purposes of exercising the landowner's right to
appropriate the same. The immediate effect in both situations is the same, the
landowner is deprived of the use and possession of his property for which he should
be fairly and immediately compensated. Fittingly, we reiterate the cardinal rule
that: ". . . within the context of the State's inherent power of eminent domain, just
compensation means not only the correct determination of the amount to be paid to
the owner of the land but also the payment of the land within a reasonable time
from its taking. Without prompt payment, compensation cannot be considered 'just'
for the property owner is made to suffer the consequence of being immediately
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deprived of his land while being made to wait for a decade or more before actually
receiving the amount necessary to cope with his loss."
D E C I S I O N
FRANCISCO, J p:
It has been declared that the duty of the court to protect the weak and the
underprivileged should not be carried out to such an extent as deny justice to the
landowner whenever truth and justice happen to be on his side. 1 As eloquently
stated by Justice Isagani Cruz: cdasia
". . . social justice or any justice for that matter is for the deserving, whether
he be a millionaire in his mansion or a pauper in his hovel. It is true that, in case of
reasonable doubt, we are called upon to tilt the balance in favor of the poor, to
whom the Constitution fittingly extends its sympathy and compassion. But never is
it justified to prefer the poor simply because they are poor, or to reject the rich
simply because they are rich, for justice must always be served, for poor and rich
alike, according to the mandate of the law." 2
In this agrarian dispute, it is once more imperative that the aforestated principles
be applied in its resolution.
Separate petitions for review were filed by petitioners Department of Agrarian
Reform (DAR) (G.R. No. 118745) and Land Bank of the Philippines (G.R. No. 118712)
following the adverse ruling by the Court of Appeals in CA-G.R. SP No. 33465.
However, upon motion filed by private respondents, the petitions were ordered
consolidated. 3
Petitioners assail the decision of the Court of Appeals promulgated on October 20,
1994, which granted private respondents' Petition for Certiorari and Mandamus and
ruled as follows: cdtai
"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) Respondent Landbank is ordered to immediately deposit not merely
'earmark', 'reserve' or 'deposit in trust' with an accessible bank designated by
respondent DAR in the names of the following petitioners the following amounts in
cash and in government financial instruments within the parameters of Sec. 18
(1) of RA 6657: cdt
P 1,455,207.31 Pedro L. Yap
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P 135,482.12 Heirs of Emiliano Santiago
P15,914,127.77 AMADCOR;
c) The DAR-designated bank is ordered to allow the petitioners to withdraw the
above-deposited amounts without prejudice to the final determination of just
compensation by the proper authorities; and
d) Respondent DAR is ordered to 1) immediately conduct summary
administrative proceedings to determine the just compensation for the lands of the
petitioners giving the petitioners 15 days from notice within which to submit
evidence and to 2) decide the cases within 30 days after they are submitted for
decision." 4 aisadc
Likewise, petitioners seek the reversal of the Resolution dated January 18, 1995, 5
denying their motion for reconsideration.
Private respondents are landowners whose landholdings were acquired by the DARand subjected to transfer schemes to qualified beneficiaries under the
Comprehensive Agrarian Reform Law (CARL, Republic Act No. 6657). Aggrieved by
the alleged lapses of the DAR and the Landbank with respect to the valuation and
payment of compensation for their land pursuant to the provisions of RA 6657,
private respondents filed with this Court a Petition for Certiorari and Mandamus with
prayer for preliminary mandatory injunction. Private respondents questioned the
validity of DAR Administrative Order No. 6, Series of 1992 6 and DAR Administrative
Order No. 9, Series of 1990, 7 and sought to compel the DAR to expedite the
pending summary administrative proceedings to finally determine the just
compensation of their properties, and the Landbank to deposit in cash and bonds
the amounts respectively "earmarked," "reserved" and "deposited in trust accounts"
for private respondents, and to allow them to withdraw the same. cdta
Through a Resolution of the Second Division dated February 9, 1994, this Court
referred the petition to respondent Court of Appeals for proper determination and
disposition.
As found by respondent court, the following are undisputed:
"Petitioner Pedro Yap alleges that '(o)n 4 September 1992 the transfer certificates
of title (TCTs) of petitioner Yap were totally cancelled by the Registrar of Deeds of
Leyte and were transferred in the names of farmer beneficiaries collectively, basedon the request of the DAR together with a certification of the Landbank that the
sum of P735,337.77 and P719,869.54 have been earmarked for Landowner Pedro L.
Yap for the parcels of lands covered by TCT Nos. 6282 and 6283 respectively, and
issued in lieu thereof TC-563 and TC-562, respectively, in the names of listed
beneficiaries (ANNEXES 'C' & 'D') without notice to petitioner Yap and without
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complying with the requirement of Section 16 (e) of RA 6657 to deposit the
compensation in cash and Landbank bonds in an accessible bank.' (Rollo, p. 6).
"The above allegations are not disputed by any of the respondents.
"Petitioner Heirs of Emiliano Santiago allege that the heirs of Emiliano F. Santiago
are the owners of a parcel of land located at Laur, NUEVA ECIJA with an area of
18.5615 hectares covered by TCT No. NT-60359 of the registry of Deeds of Nueva
Ecija, registered in the name of the late Emiliano F. Santiago; that in November and
December 1990, without notice to the petitioners, the Landbank required and the
beneficiaries executed Actual tillers Deed of Undertaking (ANNEX 'B') to pay rentals
to the Landbank for the use of their farmlots equivalent to at least 25% of the net
harvest; that on 24 October 1991 the DAR Regional Director issued an order
directing the Landbank to pay the landowner directly or through the establishment
of a trust fund in the amount of P135,482.12; that on 24 February 1992, the
Landbank reserved in trust P135,482.12 in the name of Emiliano F. Santiago.
(ANNEX 'E'; Rollo, p. 7); that the beneficiaries stopped paying rentals to thelandowners after they signed the Actual Tiller's Deed of Undertaking committing
themselves to pay rentals to the Landbank (Rollo, p. 133).
"The above allegations are not disputed by the respondents except that respondent
Landbank claims 1) that it was respondent DAR, not Landbank which required the
execution of Actual Tillers Deed of Undertaking (ATDU, for brevity); and 2) that
respondent Landbank, although armed with the ATDU, did not collect any amount
as rental from the substituting beneficiaries (Rollo, p. 99). cdasia
"Petitioner Agricultural Management and Development Corporation (AMADCOR, for
brevity) alleges with respect to its properties located in San Francisco, Quezon that the properties of AMADCOR in San Francisco, Quezon consist of a parcel of land
covered by TCT No. 34314 with an area of 209.9215 hectares and another parcel
covered by TCT No. 10832 with an area of 163.6189 hectares; that a summary
administrative proceeding to determine compensation of the property covered by
TCT No. 34314 was conducted by the DARAB in Quezon City without notice to the
landowner; that a decision was rendered on 24 November 1992 (ANNEX 'F') fixing
the compensation for the parcel of land covered by TCT No. 34314 with an area of
209.9215 hectares at P2,768,326.34 and ordering the Landbank to pay or establish
a trust account for said amount in the name of AMADCOR; and that the trust
account in the amount of P2,768,326.34 fixed in the decision was established by
adding P1,986,489.73 to the first trust account established on 19 December 1991
(ANNEX 'G'). With respect to petitioner AMADCOR's property in Tabaco, Albay, it is
alleged that the property of AMADCOR in Tabaco, Albay is covered by TCT No. T-
2466 of the Register of Deeds of Albay with an area of 1,629.4578 hectares; that
emancipation patents were issued covering an area of 701.8999 hectares which
were registered on 15 February 1988 but no action was taken thereafter by the DAR
to fix the compensation for said land; that on 21 April 1993, a trust account in the
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name of AMADCOR was established in the amount of P12,247,217.83, three notices
of acquisition having been previously rejected by AMADCOR. (Rollo, pp. 8-9)
"The above allegations are not disputed by the respondents except that respondent
Landbank claims that petitioner failed to participate in the DARAB proceedings (land
valuation case) despite due notice to it (Rollo, p. 100)." 8
Private respondents argued that Administrative Order No. 9, Series of 1990 was
issued without jurisdiction and with grave abuse of discretion because it permits the
opening of trust accounts by the Landbank, in lieu of depositing in cash or bonds in
an accessible bank designated by the DAR, the compensation for the land before it
is taken and the titles are cancelled as provided under Section 16(e) of RA 6657. 9
Private respondents also assail the fact that the DAR and the Landbank merely
"earmarked," "deposited in trust" or "reserved" the compensation in their names as
landowners despite the clear mandate that before taking possession of the
property, the compensation must be deposited in cash or in bonds. 10 cdtai
Petitioner DAR, however, maintained that Administrative Order No. 9 is a valid
exercise of its rule-making power pursuant to Section 49 of RA 6657. 11 Moreover,
the DAR maintained that the issuance of the "Certificate of Deposit" by the
Landbank was a substantial compliance with Section 16(e) of RA 6657 and the
ruling in the case of Association of Small Landowners in the Philippines, Inc., et al.
vs. Hon. Secretary of Agrarian Reform, G.R. No. 78742, July 14, 1989 (175 SCRA
343). 12
For its part, petitioner Landbank declared that the issuance of the Certificates of
Deposits was in consonance with Circular Nos. 29, 29-A and 54 of the Land
Registration Authority where the words "reserved/deposited" were also used. 13
On October 20, 1994, the respondent court rendered the assailed decision in favor
of private respondents. 14 Petitioners filed a motion for reconsideration but
respondent court denied the same. 15
Hence, the instant petitions. cdt
On March 20, 1995, private respondents filed a motion to dismiss the petition in
G.R. No. 118745 alleging that the appeal has no merit and is merely intended to
delay the finality of the appealed decision. 16 The Court, however, denied the
motion and instead required the respondents to file their comments. 17
Petitioners submit that respondent court erred in (1) declaring as null and void DAR
Administrative Order No. 9, Series of 1990, insofar as it provides for the opening of
trust accounts in lieu of deposit in cash or in bonds, and (2) in holding that private
respondents are entitled as a matter of right to the immediate and provisional
release of the amounts deposited in trust pending the final resolution of the cases it
has filed for just compensation.
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Anent the first assignment of error, petitioners maintain that the word "deposit" as
used in Section 16(e) of RA 6657 referred merely to the act of depositing and in no
way excluded the opening of a trust account as a form of deposit. Thus, in opting for
the opening of a trust account as the acceptable form of deposit through
Administrative Circular No. 9, petitioner DAR did not commit any grave abuse of
discretion since it merely exercised its power to promulgate rules and regulations inimplementing the declared policies of RA 6657. aisadc
The contention is untenable. 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.)
It is very explicit therefrom that the deposit must be made only in "cash" or in "LBP
bonds." Nowhere does it appear nor can it be inferred that the deposit can be made
in any other form. If it were the intention to include a "trust account" among the
valid modes of deposit, that should have been made express, or at least, qualifying
words ought to have appeared from which it can be fairly deduced that a "trust
account" is allowed. In sum, there is no ambiguity in Section 16(e) of RA 6657 to
warrant an expanded construction of the term "deposit." cdta
The conclusive effect of administrative construction is not absolute. Action of an
administrative agency may be disturbed or set aside by the judicial department if
there is an error of law, a grave abuse of power or lack of jurisdiction or grave
abuse of discretion clearly conflicting with either the letter or the spirit of a
legislative enactment. 18 In this regard, it must be stressed that the function of
promulgating rules and regulations may be legitimately exercised only for the
purpose of carrying the provisions of the law into effect. The power of
administrative agencies is thus confined to implementing the law or putting it into
effect. Corollary to this is that administrative regulations cannot extend the law and
amend a legislative enactment, 19 for settled is the rule that administrative
regulations must be in harmony with the provisions of the law. And in case there is
a discrepancy between the basic law and an implementing rule or regulation, it isthe former that prevails. 20
In the present suit, the DAR clearly overstepped the limits of its power to enact
rules and regulations when it issued Administrative Circular No. 9. There is no basis
in allowing the opening of a trust account in behalf of the landowner as
compensation for his property because, as heretofore discussed, Section 16(e) of
RA 6657 is very specific that the deposit must be made only in "cash" or in "LBP
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bonds." In the same vein, petitioners cannot invoke LRA Circular Nos. 29, 29-A and
54 because these implementing regulations cannot outweigh the clear provision of
the law. Respondent court therefore did not commit any error in striking down
Administrative Circular No. 9 for being null and void.
Proceeding to the crucial issue of whether or not private respondents are entitled towithdraw the amounts deposited in trust in their behalf pending the final resolution
of the cases involving the final valuation of their properties, petitioners assert the
negative. cdasia
The contention is premised on the alleged distinction between the deposit of
compensation under Section 16(e) of RA 6657 and payment of final compensation
as provided under Section 18 21 of the same law. According to petitioners, the right
of the landowner to withdraw the amount deposited in his behalf pertains only to
the final valuation as agreed upon by the landowner, the DAR and the LBP or that
adjudged by the court. It has no reference to amount deposited in the trust account
pursuant to Section 16(e) in case of rejection by the landowner because the latteramount is only provisional and intended merely to secure possession of the
property pending final valuation. To further bolster the contention petitioners cite
the following pronouncements in the case of "Association of Small Landowners in
the Phil. Inc. vs. Secretary of Agrarian Reform." 22
"The last major challenge to CARP is that the landowner is divested of his property
even before actual payment to him in full of just compensation, in contravention of
a well-accepted principle of eminent domain.
xxx xxx xxx
"The CARP Law, for its part conditions the transfer of possession and ownership of
the land to the government on receipt by the landowner of the corresponding
payment or the deposit by the DAR of the compensation in cash or LBP bonds with
an accessible bank. Until then, title also remains with the landowner. No outright
change of ownership is contemplated either. cdtai
xxx xxx xxx
"Hence the argument that the assailed measures violate due process by arbitrarily
transferring title before the land is fully paid for must also be rejected."
Notably, however, the aforecited case was used by respondent court in discardingpetitioners' assertion as it found that:
". . . despite the 'revolutionary' character of the expropriation envisioned under RA
6657 which led the Supreme Court, in the case of Association of Small Landowners
in the Phil. Inc. vs. Secretary of Agrarian Reform (175 SCRA 343), to conclude that
'payments of the just compensation is not always required to be made fully in
money' even as the Supreme Court admits in the same case 'that the traditional
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medium for the payment of just compensation is money and no other' the
Supreme Court in said case did not abandon the 'recognized rule . . . that title to the
property expropriated shall pass from the owner to the expropriator only upon full
payment of the just compensation." 23 (Emphasis supplied.) aisadc
We agree with the observations of respondent court. The ruling in the "Association"case merely recognized the extraordinary nature of the expropriation to be
undertaken under RA 6657 thereby allowing a deviation from the traditional mode
of payment of compensation and recognized payment other than in cash. It did not,
however, dispense with the settled rule that there must be full payment of just
compensation before the title to the expropriated property is transferred.
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 havealready been deprived of the possession and use of such properties, is an
oppressive exercise of eminent domain. The irresistible expropriation of private
respondents' properties was painful enough for them. But petitioner DAR rubbed it
in all the more by withholding that which rightfully belongs to private respondents
in exchange for the taking, under an authority (the "Association" case) that is,
however, misplaced. This is misery twice bestowed on private respondents, which
the Court must rectify.
Hence, we find it unnecessary to distinguish between provisional compensation
under Section 16(e) and final compensation under Section 18 for purposes of
exercising the landowners' right to appropriate the same. The immediate effect inboth situations is the same, the landowner is deprived of the use and possession of
his property for which he should be fairly and immediately compensated. Fittingly,
we reiterate the cardinal rule that: cdta
". . . within the context of the State's inherent power of eminent domain, just
compensation means not only the correct determination of the amount to be paid to
the owner of the land but also the payment of the land within a reasonable time
from its taking. Without prompt payment, compensation cannot be considered 'just'
for the property owner is made to suffer the consequence of being immediately
deprived of his land while being made to wait for a decade or more before actually
receiving the amount necessary to cope with his loss." 24 (Emphasis supplied.)
The promulgation of the "Association" decision endeavored to remove all legal
obstacles in the implementation of the Comprehensive Agrarian Reform Program
and clear the way for the true freedom of the farmer. 25 But despite this, cases
involving its implementation continue to multiply and clog the courts' dockets.
Nevertheless, we are still optimistic that the goal of totally emancipating the
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farmers from their bondage will be attained in due time. It must be stressed,
however, that in the pursuit of this objective, vigilance over the rights of the
landowners is equally important because social justice cannot be invoked to trample
on the rights of property owners, who under our Constitution and laws are also
entitled to protection. 26
WHEREFORE, the foregoing premises considered, the petition is hereby DENIED for
lack of merit and the appealed decision is AFFIRMED in toto. cdasia
SO ORDERED.
Regalado, Puno and Mendoza, JJ., concur.
Narvasa, C.J., is on official leave.
Footnotes
1. Gelos v. Court of Appeals, 208 SCRA 608, 615 (1992), quoting Justice AliciaSempio-Diy.
2. Ibid., p. 616.
3. Rollo, p. 7. cdtai
4. Rollo, pp. 122-123.
5. Rollo, p. 149.
6. which provides formulas for valuation of land expropriated under RA 6657.
7. which provide for the opening of trust accounts in the Land Bank instead of
depositing in an accessible bank, in cash and bonds, the compensation for land
expropriated by the DAR.
8. Rollo, pp. 109-111. cdt
9. Sec. 16. Procedure for Acquisition of Private Lands. For the purposes of
acquisition of private lands, the following shall be followed:
xxx xxx xxx
(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. The DAR shall thereafter
proceed with the redistribution of the land to the qualified beneficiaries.
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10. Rollo, p. 111.
11. Sec. 49. Rules and Regulations. The PARC and the DAR shall have the
power to issue rules and regulations, whether substantive or procedural, to carry
out the objects and purposes of this Act. Said rules shall take effect ten (10) days
after the publication in two (2) national newspapers of general circulation.
12. Rollo, pp. 111-112.
13. Rollo, p. 112. cdasia
14. Rollo, p. 107.
15. Rollo, p. 149.
16. Rollo, p. 63.
17. Rollo, p. 67.
18. Peralta vs. Civil Service Commission, 212 SCRA 425, 432 (1992).
19. Toledo vs. Civil Service Commission , 202 SCRA 507, 54 (1991) citing Teoxon
v. Members of the Board of Administrators, Philippine Veterans Administration, 33
SCRA 585, 589 (1970), citing Santos vs. Estenzo, 109 Phil. 419 (1960); Animos vs.
Phil. Veterans Affairs Office, 174 SCRA 214, 223-224.
20. Shell Philippines, Inc. vs. Central Bank of the Philippines , 162 SCRA 628
(1988). cdtai
21. Section 18. Valuation and Mode of Compensation. The LBP shallcompensate the landowner in such amount as may be agreed upon by the
landowner and the DAR and LBP in accordance with the criteria provided for in
Sections 16 and 17 and other pertinent provisions hereof, or as may be finally
determined by the court as the just compensation for the land.
22. 175 SCRA 343.
23. Decision, Court of Appeals, p. 14. cdt
24. Municipality of Makati vs. Court of Appeals , 190 SCRA 207, 213 (1990) citing
Coscolluela vs. The Hon. Court of Appeals, 164 SCRA 393, 400 (1988); Provincial
Government of Sorsogon vs. Vda. de Villaroya, 153 SCRA 291, 302 (1987).
25. 175 SCRA 343, 392.
26. Mata vs. Court of Appeals , 207 SCRA 748, 753 (1992).
11