Tuesday, July 5, 2011

Just Compensation, decision of DARAB

The DARAB decision setting the amount of just compensation is merely preliminary and not executory if challenged before the Special Agrarian Court (SAC). Execution pending "appeal" of the DARAB decision is allowed only on meritorious grounds. Even then, it is the SAC, not the DARAB, that can grant execution pending "appeal" because the SAC has original and exclusive jurisdiction over just compensation cases. The determination of the amount of just compensation is a judicial function that cannot be usurped by administrative agencies.

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