Professional Documents
Culture Documents
The Supreme Court in upholding its constitutionality held that there is no legal
basis for declaring LOI No. 474 void on its face on equal protection, due proce
ss and taking of property without just compensation grounds. (Zurbano vs. Estrel
la, 137 SCRA 333 (1989) In the case of Locsin vs. Valenzuela which was promulgat
ed on 19 February 1991, the Supreme Court explained the legal effect of land bei
ng place under OLT as vesting ownership in the tenant. However, in a subsequent
case dated 13 September
ii)
eform cases. (Also Quismundo vs. CA, 201 SCRA 609 (1991).
uu) It should be stressed that the motion in Fortich were denied on the ground th
at the
win-win resolution is void and has no legal effect because the decision approving
the concession has already become final and executory. This is the ratio deciden
di or reason of the decision. The statement that LGUs have authority to convert
or reclassify agricultural lands without DAR approval is merely a dictum or expr
ession of the individual views of the ponente or writer of the Resolution of Aug
ust 19, 1997. It
56.
nation and payment of just compensation shall not be appealable to the Board but
shall be brought directly to the RTCs designated as Special Agrarian Courts wit
hin fifteen (15) days from receipt of the notice hereof. In relation to this prov
ision, Section 16(f) of R.A. No. 6657 prescribed that any party who does not agr
ee with the
so if the factual findings of the appellate court coincide with those of the DAR
AB, an administrative body with expertise on matters within its specific and spe
cialized
t that has
been repeatedly emphasized by the Supreme Court. Further, that P.D. 27 does not
suffer any constitutional infirmity is a judicial fact that has been repeatedly
emphasized by this Court in a number of cases. As early as 1974, in the aforecit
ed case of De Chavez v. Zobel, P.D. 27 was assumed to be constitutional, and uph
eld as part and parcel of the land of the land, viz: There is no doubt then, as s
et forth expressly therein, that the goal is emancipation. What is more, the dec
ree
his hovel. It is true that, in case of reasonable doubt, we are to tilt the bala
nce in favor of the poor to whom the Constitution fittingly extends its sympathy
and compassion. But never is it justified to give preference to the poor simply
because they are poor, or reject the rich simply because they are rich, for jus
tice must always be served for the poor and the rich alike according to the
land owned by him was to be actually issued to him unless and until he had beco
me a full-fledged member of a duly recognized farmers cooperative. It was underst
ood, however, that full payment of the just compensation also had to be made fir
st, conformably to the constitutional requirement. (Ibid)