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Sunday, April 17, 2011

PD 27 v. RA 6657

Which Agrarian Law between Presidential Decree No. 27 and Republic Act No. 6657 should apply in the determination of just compensation on lands covered under PD27? 
The agrarian reform process is still incomplete when the just compensation to be paid to the landowners has yet to be settled. Land valuation process of rice and/or corn lands placed under the coverage of PD 27/EO 228, which has not been completed upon the effectivity or passage of RA6657 should be determined and the process concluded under RA6657 and not under PD 27. It would be inequitable to determine just compensation based on the guideline provided by PD 27 and EO 228 more so if the DAR  failed to determine the just compensation for a considerable length of time. It would be highly inequitable on the part of the landowners to compute just compensation using the values at the time of the taking in 1972, and not at the time of payment, considering that the government and the farmer beneficiaries have already benefited from the land although ownership thereof has not yet been transferred in their names.

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