Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Exceptions:
Where the Issue involves the valuation of land to
determine just compensation for its acquisition
Where One party is a public or private corporation,
partnership, association or juridical person, or a public
officer or employee and the dispute relates to the
performance of his official functions
Where the Secretary of the DAR directly refers the
matter to the DARAB or Adjudicator
Non-existence of the BARC or the inability of the BARC
to convene
No Restraining Order or
Preliminary Injunction (Sec.55)
What is prohibited is the issuance of restraining orders
or injunctions against the proceedings before the DAR
or the PARC.
Once a ruling is rendered and the aggrieved party
brings the matter to the proper courts, the prohibition
will no longer apply.
The court may then issue a restraining oder or
injunction as an ancillary relief (esp. in cases of
jurisdictional error or grave abuse of discretion)
FINANCING
Just compensation payments to landowners can only be
sourced from the Agrarian Reform Fund (Sec. 63)
If insufficient, payments shall be charged against the
debt service program of the national government, or
any unprogrammed item in the General Appropriations
Act (Sec. 63)
The Land Bank is the financial intermediary or arm of
the agrarian reform program (Sec. 64)
Determination of just compensation commences with
the Land Bank determining the value of the lands (Sec.
64)
When to apply?
After the lapse of five (5) years from the award of the
land
Conversion to fishponds
Public agricultural lands can be converted into
fishponds and prawn farms only when the coastal zone
is declared suitable by the provincial government and
the Bureau of Fisheries and Aquatic Resources
Private agricultural lands can be converted into
fishponds and prawn farms up to a maximum area of
five (5) hectares
Immunity of Government
Agencies from Undue
Interference (Sec.68)
No injunction policy
END