Monday, July 11, 2011

Lis Mota

The Court will not pass upon a question of unconstitutionality, although properly presented, if the case can be disposed of on some other ground, such as the application of the statute or the general law. The petitioner must be able to show that the case cannot be legally resolved unless the constitutional question raised is determined. Every law has in its favor the presumption of constitutionality; to justify its nullification, there must be a clear and unequivocal breach of the constitution, and not one that is doubtful, speculative or argumentative.

the Operative Fact doctrine

A void act, though in law a mere scrap of paper, nonetheless confers legitimacy upon past acts or omissions done in reliance thereof. The existence of a statute or executive order prior to its being adjudged void is an operative fact to which legal consequences are attached.

Doctrine of Necessary Implication

The conferment of express power to approve a plan for stock distribution of the agricultural land of corporate owners necessarily includes the power to revoke or recall the approval of the plan. Hence, to deny the Presidential Agrarian Reform Council (PARC) such revocatory power would reduce it into a toothless agency of the Comprehensive Agrarian Reform Program (CARP), because the very same agency tasked to ensure compliance by the corporate landowner with the approved Stock Distribution Plan (SDP) would be without authority to impose sanctions for non-compliance with it (Hacienda Luisita Inc., et al v. Presidential Agrarian Reform Council, G.R. No. 171101. July 5, 2011).

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.