Fixing Just Compensation

The taking of private lands under the agrarian reform program partakes of  the nature of an expropriation proceeding. In computing the just compensation for expropriation proceedings, the value of the land at the time of the taking must be considered. The time of taking is the time when the landowner was deprived of the use and benefit of his property, such as when title is transferred to the Republic. While the determination of just compensation is essentially a judicial function vested in the RTC acting as a Special Agrarian Court, the judge cannot abuse his discretion by not taking into full consideration the factors specifically identified by law and implementing rules. The Special Agrarian Courts (SACs) are not at liberty to disregard the formula laid down (by the DAR), because unless an administrative order is declared invalid, courts have no option but to apply it.

COCO-levy funds

For sometime, different and conflicting notions had been formed as to the nature and ownership of the coco-levy funds. The Court, however, finally put an end to the dispute when it categorically ruled that these funds are not only affected with public interest; they are, in fact, prima facie public funds. Coco-levy funds were raised pursuant to law to support a proper governmental purpose. They were raised with the use of the police and taxing powers of the State for the benefit of the coconut industry and its farmers in general. Coco funds are in the nature of taxes and can only be used for public purpose. They were imposed pursuant to law, namely, RA6260 and PD276. These laws did not raise money to boost the government's general fund, unlike ordinary revenue laws, but provide means for the rehabilitation and stabilization of a threatened coconut industry  affected with public interest as to be within the police power of the State. The funds sought to support the coconut industry, one of the main economic backbones of the country, and to secure economic benefits for the coconut farmers and farmworkers.

Moral Turpitude

Settled is the rule that in the absence of satisfactory explanation, one found in possession of and who used a forged document is the forger and therefore guilty of falsification.

The crime of falsification of document is contrary to justice, honesty, and good morals and therefore, involves moral turpitude. Moral turpitude includes everything which is done contrary to justice, honesty, modesty or good morals. It involves an act of baseness, vileness or depravity in the private duties which a man owes his fellowmen, or society in general, contrary to the accepted and customary rule of right and duty between man and woman.

The Supreme Court exercises the power to disbar with great caution. Being the most severe form of disciplinary sanction, it is imposed only for the most imperative reasons and in clear cases of misconduct affecting the standing and moral character of the lawyer as an officer of the court and a member of the bar. Disbarment is the appropriate penalty for conviction by final judgment for a crime involving moral turpitude. Lawyers are reminded that they, of all classes and professions, are most sacredly bound to uphold the law. The privilege to practice law is bestowed only upon individuals who are competent intellectually, academically and, equally important, morally. As such, lawyers must at all times conduct themselves especially in their dealings with their clients and the public at large, with honesty and integrity in a manner beyond reproach (Per Curiam, A.C. No. 7940. April 24, 2012). 

Administrative Issuances

Rules and regulations issued by administrative bodies to interpret the law which they are entrusted to enforce, have the force of law, and are entitled to great respect. Administrative issuances partake of the nature of a statute and have in their favor a presumption of legality. However, these administrative issuances or orders, though they enjoy the presumption of legalities, are still subject to the interpretation by the Supreme Court pursuant to its power to interpret the law. Courts interpret administrative regulations in harmony with the law that authorized them and avoid as much as possible any construction that would annul them as invalid exercise of legislative power. Thus, the concept of just compensation embraces not only the correct determination of the amount to be paid to the owners of the land, but also payment within a reasonable time from its taking. Without prompt payment, compensation cannot be considered "just" inasmuch as the property owner is made to suffer the consequences of being immediately deprived of his land while being made to wait for a decade or more before actually receiving the amount necessary to cope with his loss.

New Task, additional burden..

Special Order No. 204, series of 2012, dated 20 April 2012, issued by the DAR Adjudication Board (DARAB), Central Office, Quezon City directs me to assume the position of Regional Adjudicator of Region 5 (Bicol). With this Special Order, I am tasked to reign as DARAB V Adjudicator, a burden which I humbly accept.. There exists a great challenge ahead, particularly in our mandated task to deliver Social Justice.. This, however, cannot be achieved singlehandedly but, rather through the concerted efforts of all stakeholders of Agrarian Reform.. It is through the support of all that we can attain this goal.. Social Justice is the soul of Agrarian Reform.. But let us not misconstrue Social Justice as to favor the poor farmers, agricultural lessees or our farmer beneficiaries, because Social Justice, like any other kind of justice, is for the deserving, whether he be a millionaire in his mansion or a pauper in his hovel.. While it is true that in case of reasonable doubt, we are called upon to tilt the balance in favor of the poor, to whom our Constitution fittingly extends its sympathy and compassion, but it is never justified to prefer the poor simply because he is poor or reject the rich simply because he is rich, for Justice must always be served for poor and rich alike according to the mandate of the law.