costs of suit

Costs shall be allowed to the prevailing party as a matter of course. No costs, however, shall be allowed against the Republic of the Philippines, unless otherwise provided by law.

The Land Bank of the Philippines is an agency created primarily to provide financial support in all phases of agrarian reform pursuant to RA 3844 and RA 6657. It is vested with the primary responsibility and authority in the valuation and compensation of covered landholdings to carry out the full implementation of the Agrarian Reform Program. It may agree with the DAR and the landowner as to the amount of just compensation to be paid to the latter and may also disagree with them and bring the matter to court for judicial determination. The role of Land Bank in the CARP is more than just the ministerial duty of keeping and disbursing the Agrarian Reform Funds. Land Bank has the discretion to approve or reject the land valuation and just compensation by a party, the DAR, or even the courts; the Land Bank not only has the right, but the duty, to challenge the same, by appeal to the Court of Appeals or the Supreme Court, if appropriate.

Since Land Bank is performing a governmental function in agrarian proceeding, it is exempt from the payment of costs of suit as provided under Rule 142, section 1 of the Rules of Court.

Equal Protection

When the judiciary mediates to allocate constitutional boundaries, it does not assert superiority over the other departments; it does not in reality nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees.. Justice Jose P. Laurel.

Though the law itself be fair on its face and impartial in appearance, yet, if applied and administered by the public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.

Of all the branches of government, it is the judiciary which is the most interested in knowing the truth and so it will not allow itself to be a hindrance or obstacle to its attainment. It must, however, be emphasized that the search for the truth must be within constitutional bounds for "ours is still a government of laws and not of men." (Executive Order No. 1, creating the Philippine Truth Commission of 2010, declared unconstitutional. See, Biraogo v. Phil. Truth Com. of 2010; Edsel Lagman, et al v. Paquito Ochoa, et al. GR No. 192935 & GR No. 193036. December 7, 2010).

BAR EXAMS UPDATE...

Matters taken up during the dialogue between the Officers and Members of the Philippine Association of Law Schools and Justice Roberto A. Abad, Chairman of the 2011 Bar Examinations.

1. Random Selection of Topic Items for the Multiple Choice Questions (MCQs)

2. Use of Multiple Choice Questions from Law Schools

3. The Essay Exams

The Examinees will not be graded for a technically right or wrong answer but for the quality of his/her legal advocacy. The test is intended to measure one's skill in: (a) Communicating in English (20%); (b) Sorting out the conflicting claims and extracting those facts that are relevant to the issue or issues in the case (15%); (c) Identifying the issue or issues presented (15%); (d) Constructing your arguments and persuading your reader to your point of view (50%).

Quality of writing, not length is desired. The time pressure is part of the exam.