The Regional Trial Court (RTC), acting as Special Agrarian Court (SAC), has jurisdiction to determine just compensation of CARP covered landholdings at the very first instance, and the petitioner need not pass through the DARAB for initial valuation. The determination of just compensation is essentially a judicial function, which is vested in the RTC acting as SAC. The SAC is not an appellate reviewer of the DAR decision in administrative cases involving compensation. The SAC has jurisdiction over the complaint for determination of just compensation, despite the absence of summary administrative proceedings before the DAR Adjudication Board-DARAB (G.R. No. 163361, March 12, 2014)
Monday, August 24, 2015
Sunday, August 23, 2015
Res Judicata
Two (2) concepts of res judicata: Bar by prior judgment & Conclusiveness of judgment. For res judicata to apply: 1) the judgment sought to bar the new action must be final, 2) the decision must be rendered by a court having jurisdiction over the subject matter & the parties, 3) the disposition of the case must be a judgment on the merits, 4) there must be as between the first and second action, identity of parties, subject matter and causes of action.
Should identity of parties, subject matter and causes of action be shown in the two cases, then res judicata in its aspect as a "bar by prior judgment" would apply. If as between the two cases, ONLY IDENTITY OF PARTIES can be shown, but not causes of action, then res judicata as "conclusiveness of judgment applies (G.R. No. 209535, June 15, 2015).
Monday, July 20, 2015
Bar Matter No. 850
Supreme Court, En Banc Resolution.
Re: Rules on Mandatory Continuing Legal Education for Active Members of the Integrated Bar of the Philippines.
The COURT RESOLVED to REQUIRE all members of the Integrated Bar of the Philippines to file a written entry of appearance indicating their MCLE exemption or compliance number for the current or immediately preceding compliance period and date of issuance thereof before appearing as counsel or engaging in oral argument in open court or before a Quasi-Judicial body. However, counsels who affixed their signatures in their pleadings and indicated their MCLE exemption or compliance number in their pleadings need not file a separate entry of appearance. Henceforth, all counsels, including partners of law firms whose names appear in the said pleadings, shall also indicate their MCLE exemption or compliance number.
Notices of Coverage & Acquisition after the 10 year of CARP
Republic Act 8532 extended the term of the implementation of the Comprehensive Agrarian Reform Program (CARP) under the Comprehensive Agrarian Reform Law (CARL). Consequently, Notice of Coverage (NOC) and Notice of Acquisition (NOA) issued by the DAR after 15 June 1998 or beyond the 10-year of implementation provided for in Section 5 of RA6657, are valid.
(DAR, etc. vs Woodland Agro-Development, Inc., G.R. No. 188174, June 29, 2015)
(DAR, etc. vs Woodland Agro-Development, Inc., G.R. No. 188174, June 29, 2015)
Wednesday, April 22, 2015
Void Judgment
A void judgment, for want of jurisdiction is no judgment at all. It cannot be the source of any right nor the creator of any obligation. All acts performed pursuant to it and all claims emanating from it have no legal effect. Hence, it can never become final and any writ of execution based on it is void. It may be said to be "a lawless thing which can be treated as an outlaw and slain at sight, or ignored wherever and whenever it exhibits its head."
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