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Saturday, October 20, 2012

Association Of Small Landowners Vs. Secretary Of DAR Case Digest

Asso. Of Small Landowners Vs. Sec. Of DAR 175 SCRA 343 G.R. No. L-78742 July 14, 1989

Facts: Several petitions are the root of the case:

a.

A petition alleging the constitutionality of PD No. 27, EO 228 and 229 and RA 6657. Subjects of the petition are a 9-hectare and 5 hectare Riceland worked by four tenants. Tenants were declared full owners by EO 228 as qualified farmers under PD 27. The petitioners now contend that President Aquino usurped the legislatures power. A petition by landowners and sugarplanters in Victorias Mill Negros Occidental aga inst Proclamation 131 and EO 229. Proclamation 131 is the creation of Agrarian Reform Fund with initial fund of P50Billion. A petition by owners of land which was placed by the DAR under the coverage of Operation Land Transfer. A petition invoking the right of retention under PD 27 to owners of rice and corn lands not exceeding seven hectares.

b.

c.

d.

Issue: Whether or Not the aforementioned EOs, PD, and RA were constitutional.

Held: The promulgation of PD 27 by President Marcos was valid in exercise of Police power and eminent domain.

The power of President Aquino to promulgate Proc. 131 and EO 228 and 229 was authorized under Sec. 6 of the Transitory Provisions of the 1987 Constitution. Therefore it is a valid exercise of Police Power and Eminent Domain.

RA 6657 is likewise valid. The carrying out of the regulation under CARP becomes necessary to deprive owners of whatever lands they may own in excess of the maximum area allowed, there is definitely a taking under the power of eminent domain for which payment of just compensation is imperative. The taking contemplated is not a mere limitation of the use of the land. What is required is the surrender of the title and the physical possession of said excess and all beneficial rights accruing to the owner in favour of the farmer.

A statute may be sustained under the police power only if there is concurrence of the lawful subject and the method.

Subject and purpose of the Agrarian Reform Law is valid, however what is to be determined is the method employed to achieve it.
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