Thursday, June 4, 2009

LANDBANK V. MARTINEZ (AGRARIAN)


To resolve the conflict in the rulings of the Court, w now declare herein, for the guidance of the bench and bar, that the better rule is that stated in Philippine Veterans Bank, reiterated in Lubrica. Thus, while a petition for the fixing of just compensation with the SAC is not an appeal from the agrarian reform adjudicator's decision but an original action, the same has to be filed within the 15-day period stated in the DARAB Rules; otherwise, the adjudicator's decision will attain finality. This rule is not only in accord with law ans settled jurisprudence but also with the principles of justice and equity. Verily, a belated petition before the SAC, e.g., one filed a month, a year or even a decade after the land valuation of the DAR adjudicator, must not leave the dispossessed landowner is a state of uncertainty as to the true value of his property.




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