ASSOCIATION OF SMALL LANDOWNERS IN THE PHILIPPINES v.

HONORABLE
SECRETARY OF AGRARIAN REFORM

G.R. No. 78742   

Date: 1989-07-14

FACTS:

The solicitor fought the incorrect involvement of his small landholding which is
deemed to be under Operation Land transfer on September 3, 1986. He then requested
the undoing of the Certificates of Land Transfer, and as well as reviewing it, for the sake
of the private respondents. The solicitor strongly attests regards the issuance of E.O.’s
number 228 and 229, that it is both peculiar and discretionary besides just the fact that
they violated the separation of powers doctrine. He conjures his privileges not to be
denied of his property without the fair treatment of law and to the maintenance of his
rice properties as ensured under Article XIII, Section 4 of the Constitution.

ISSUES:

(1) Whether or not there is a violation of due process.

(2) Whether or not E.O. 228 and 229 are accepted exercises of the power of
eminent domain.

RULING:

(1) There is no violation of due process.

(2) E.O. 228 and 229 are accepted exercises of the power of eminent domain.

RATIO DECIDENDI:

There is no violation of due process because the title to the property

dispossessed will pass from the owner to the expropriator just upon full payment. In the
process of doing so, the title remains with the owner. E.O. 228 and 229 also exercises
the power of eminent domain which requires the payment of just compensation to the
rightful owner.