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AGRACASES | LDCS

LUZ FARMS V. SECRETARY OF AGRARIAN REFORM HACIENDA LUISITA INC V. PARC

195 SCRA 51 653 SCRA 154

Agricultural land refers to land devoted to The agrarian reform program does not guarantee
agricultural activities. It contemplates lands that improvement in the lives of the agrarian reform
are arable and suitable for farming beneficiaries – at best, merely provides for a
possibility or a favorable chance of uplifting the
DE GUZMAN V. CA
economic status of the agrarian reform
504 SCRA 238 beneficiaries, which may or may not be attained.

land had ceased to be classified as agricultural when REPUBLIC V. SALVADOR N. LOPEZ AGRI-BUSINESS
the municipality extended petitioners' occupation CORP
of the land. After the municipality acquired
639 SCRA 49
ownership over the land through expropriation and
passed the ordinance converting said land into a Lands devoted to raising of livestock, poultry, and
commercial area, any transaction entered into by swine are classified as industrial, not agricultural
the municipality involving the land was governed by hence, exempt from the agrarian reform program.
the applicable civil law in relation to laws on local
DAR V. SUTTON
government. At this point, agrarian laws no longer
governed the relationship between petitioners and 473 SCRA 492
the municipality. While it was not established
whether the relationship between petitioners and The reason is because in livestock, poultry, or swine
the municipality was that of a lessor and lessee or farming, no land is tilled and no crop is harvested.
that of an employer and laborer, as the supposed Land is not primary resource in raising of livestock,
written agreement was not offered in evidence, the poultry, or even swine. Such do not sprout from the
fact remains that the subject land had already been land hence they are not fruits of the land
identified as commercial in the zoning ordinance. DAEZ V. CA
ASSOCIATION OF SMALL LAND OWNERS V. SEC OF 325 SCRA 856
AGRARIAN REFORM
If the land owner has been deprived of his right of
175 SCRA 343 retention he may file for a petition for cancellation
The determination of the just compensation by the of EP or CLA that may have issued to the tenants
DAR is not by any means final and conclusive upon TENANTS OF THE ESTATE OF DR. JOSE SISON V. CA
the landowner or any other interested party, for
Section 16 (f) clearly provides: Any party who 201 SCRA 545
disagrees with the decision may bring the matter to Under Admin Order No. 2 1994, EP or CLOA may be
the court of proper jurisdiction for final cancelled if the land covered is later found to be
determination of just compensation. The part of the landowners’ retained area
determination made by the DAR is only preliminary
unless accepted by all parties concerned. RODRIGUEZ V. SALVADOR
Otherwise, the courts of justice will still have the
651 SCRA 429
right to review with finality the said determination
in the exercise of what is admittedly a judicial Mere occupation or cultivation of an agricultural
function land will not ipso facto make the tiller an

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AGRACASES | LDCS

agricultural tenant. The person claiming to be an 426 SCRA 217


agricultural tenant must prove by substantial
The school is in the best position to determine
evidence the existence of landlord-tenant
whether the land is necessary for use as a school
relationship
site or campuses. The DAR has no right to substitute
ALITA V. CA its judgement or discretion for that of the school

170 SCRA 706 MILESTONES FARMS, INC V. OFFICE OF THE


PRESIDENT
While the CARL is a remedial measure promulgated
pursuant to the social justice precepts of the 644 SCRA 217
Constitution, it cannot be invoked to defeat the
Secretary of Agrarian Reform has the jurisdiction
very purpose of the enactment of the
and authority to exempt or exclude a property from
Commonwealth Act 141. Homestead Act is for the
the coverage of the agrarian reform program
welfare and protection of the poor. The law gives a
needy citizen a piece of land where he may build a STA ROSA DEVELOPMENT CORP V. CA
modest house for himself and family and plant what
is necessary for substinence and for the satisfaction 367 SCRA 175
of life’s other needs Two notices are required for validity of
BUKLOD NG MAGBUBUKID SA LUPAING RAMOS V. implementation; Notice of Coverage pursuant to
E.M. RAMOS & SONS DAR Administrative Order No. 12 seried of 1989 and
Notice of Acquisition pursuant to Section 16 of the
645 SCRA 401 CARL
Lands already classified for residential, commercial, ROXAS & CO V. CA
or industrial use by the Housing and Land Use
Regulatory Board prior to the effectivity of the CARL 321 SCRA 106
are not subject to agrarian reform The first notice is in compliance with administrative
HEIRS OF DR. JOSE DELESTE V. LBP due process, considering that implementation of
the agrarian reform law as an exercise of police
651 SCRA 352 power and the power of eminent domain.
Lands already classified for residential, commercial, HEIRS OF NICOLAS JUGALBOT V. CA
or industrial use by the Housing and Land Use
Regulatory Board prior to the effectivity of the CARL 518 SCRA 202
are not subject to agrarian reform Failure of the DAR or any of its agencies to comply
CMU V. DARAB will be treated as a violation of constitutional due
process and should be deemed arbitrary,capricious,
251 SCRA 36 whimisical and tainted with grave abuse of
discretion
As to the determination of when and what lands are
found to be necessary for use by the CMU, the HEIRS OF FRANCISCO TANTOCO V. CA
school is in the best position to resolve and answer
the question and pass upon the problem of its 489 SCRA 590
needs in relation to its avowed objectives Opening of trust account does not constitute
DAR V. DECS payment -because the law requires just

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AGRACASES | LDCS

compensation to be paid in cash and Land Bank LANDBANK V. COLARINA


bonds and not by trust account
629 SCRA 614
LANDBANK V. DUMLAO
The factors for determination of just compensation
572 SCRA 108 which the DAR converted into formula are
mandatory and not mere guidelines which the RTC
The word is “just” to convey the idea that the
may disregard
equivalent to be rendered for the property to be
taken shall be real,substantial, full, and ample LANDBANK V. ESCANDOR

LANDBANK V. SORIANO 632 SCRA 504

620 SCRA 347 The factors for determination of just compensation


which the DAR converted into formula are
The concept of just compensation is not only the
mandatory and not mere guidelines which the RTC
correct determination of the amount to be paid to
may disregard
the landowner but also “prompt payment” – full
payment of the finally adjudged just compensation ALLIED BANKING CORP V. LAND BANK

LANDBANK V. ORILLA 581 SCRA 301

556 SCRA 102 The factors for determination of just compensation


which the DAR converted into formula are
Prompt payment of just compensation does not
mandatory and not mere guidelines which the RTC
only contemplate the immediate deposit and
may disregard
release of the provisional compensation – it also
encompasses the full payment of the finally LANDBANK V. PASCUAL
adjudged just compensation. There can be no
GR NO. 128557
“prompt payment” when there is only partial
payment of just compensation. Land Bank cannot refuse to pay the valuation set by
the PARAD simply because the consent of the
LANDBANK V. CA
farmer-beneficiary was not obtained in fixing the
258 SCRA 407 just compensation

Without prompt payment, compensation cannot be SANTOS V. LAND BANK


considered “just” because the land owner is made
GR NO. 137431
to suffer the consequence of being immediately
deprived of his land while being made to wait for The law says that just compensation shall be paid
some time before actually receiving the amount partly in cash and the remainder by means of
necessary to cope with his loss bonds, government financial instruments, shares of
stock in GOCC, tax credits, or Land Bank bonds
LANDBANK V. BARRIDO
LAND BANK V. CA
628 SCRA 454
249 SCRA 149
While the determination of just compensation is
essentially a judicial function vested in the RTC Compulsory acquisition does not mean automatic
acting as a special agrarian court, it cannot transfer of ownership of the land to the tenant,
disregard the formula laid down by the DAR lessee, or farm worker. Title and ownership over

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AGRACASES | LDCS

the land can be transferred to the beneficiaries only Succession by intestate succession or by will to the
upon full payment of the just compensation of the compulsory heirs – it does not pertain to succession
land owner to other persons. prohibitions stems form the policy
of the government to develop generations of
LAND BANK V. ABELLO
farmers to attain its avowed goal to have an
584 SCRA 342 adequate and sustained agricultural production
with certitude
Compulsory acquisition does not mean automatic
transfer of ownership of the land to the tenant,
lessee, or farm worker. Title and ownership over
the land can be transferred to the beneficiaries only
upon full payment of the just compensation of the
land owner

MAGO V. BARBIN

603 SCRA 383

Compulsory acquisition does not mean automatic


transfer of ownership of the land to the tenant,
lessee, or farm worker. Title and ownership over
the land can be transferred to the beneficiaries only
upon full payment of the just compensation of the
land owner

PADUA V. CA

517 SCRA 232

DAR will issue the CLOA only upon full payment of


amortizations by the farmer-beneficiary. CLOA in
turn becomes the basis for the issuance in his name
of an original transfer certificate of title

PASCO V. PISON-ARCEO AGRICULTURAL DEV.


CORP

458 SCRA 514

The rights and obligations of beneficiaries


commences from their receipt of a duly registered
CLOA and their actual physical possession of the
awarded land

ESTATE OF LATE ENCARNACION VDA. DE PANLILIO


V. DIZON

536 SCRA 565

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