Monday, April 21, 2014

Special Agrarian Court not an appellate reviewer

The Regional Trial Court, acting as a Special Agrarian Court, has jurisdiction to determine just compensation at the very first instance, and the petitioner need not pass through the DAR for initial valuation. The determination of just compensation is essentially a judicial function, which is vested in the Regional Trial Court acting as a Special Agrarian Court. The Special Agrarian Court is not an appellate reviewer of the DAR decision in administrative cases involving compensation. The Special Agrarian Court has jurisdiction over the complaint for determination of just compensation, despite the absence of summary administrative proceedings before the DAR Adjudication Board. Special Agrarian Court's jurisdiction vested by Section 57 of RA 6657, as amended, is limited only to petitions for the determination of just compensation to landowners and the prosecution of all criminal offenses under RA 6657 (G.R. No. 163361, March 12, 2014). 

Monday, April 7, 2014

This April in History

The Supreme Court upholds the right of Congress to compel the appearance of executive officials in inquiries in aid of legislation by partially voiding Executive Order 464 but declared valid on its face the requirement for executive officials to secure the President's consent before appearing during the Question Hour.

The Supreme Court writes finis to Hacienda Luisita v. Presidential Agrarian Reform Council, ruling that there must be a total land distribution of the agricultural land of Hacienda Luisita, Inc. to its original farm worker-beneficiaries who, in turn, will pay just compensation based on the 1989 land valuation.