Sunday, March 21, 2010

Employment not a disqualification

The assertion that a person who is employed and owns realty cannot be a tenant-farmer lacks basis. It must be stressed that individuals who are employed or who own real property can be considered as tenant-lessee on the agricultural land provided all the essential requisites or elements of tenancy relationship are established. They may not qualify to become beneficiaries or awardees, but certainly they can be agricultural lessees. Employment or owning realty does not ipso facto disqualify one from becoming an agricultural tenant-lessee.

Sunday, March 7, 2010

Decision on land valuation

The Adjudicator's decision on land valuation attains finality after the lapse of the 15-day period stated in the DARAB Rules. In the event that the aggrieved party wants to raise the issue to the Regional Trial Court, acting as a Special Agrarian Court, the petition must be filed within the aforementioned period. While a petition for the fixing of just compensation with the Special Agrarian Court is not an appeal from the agrarian reform Adjudicator's decision but an original action, the same has to be filed within the 15-day period stated in the DARAB Rules, otherwise, the Adjudicator's decision will attain finality. This rule is not only in accord with law and settled jurisprudence but also with the principles of justice and equity (LBP v. Raymunda Martinez, G.R. No. 169008. July 31, 2008).