Hacienda Luisita Incorporated vs PRESIDENTIAL AGRARIAN REFORM COUNCIL

Facts
Hacienda Luisita (HLI) invokes that to insist that the taking is when the SDP was
approved by the PARC on November 21, 1989 and that the same be considered as the
reckoning period to determine the just compensation is deprivation of landowner’s
property without due process of law. In its Motion for Clarification and Partial
Reconsideration, HLI disagrees with the foregoing ruling and contends that the taking
should be reckoned from finality of the Decision of this Court, or at the very least, the
reckoning period may be tacked to January 2, 2006, the date when the Notice of
Coverage was issued by the DAR pursuant to PARC Resolution No. 2006-34-01
recalling/revoking the approval of the SDP.

Issue:
When is the Reckoning point of Valuation?

Held:
The reckoning point is the issuance of the emancipation of patent or certificate of land
ownership award and not the placing of the agricultural lands under the CARP coverage.
Under RA 6657 and DAO 1, the awarded lands may only be transferred or conveyed
after 10 years from the issuance and registration of the emacipation patent. Considering
that the Eps or CLOAS have not yet been issued to qualified FWBs in the instant case,
the 10 year prohibitive period has not even started