This case has been cited 1 times or more.
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2014-08-20 |
PERLAS-BERNABE, J. |
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| Lajom rejected the DAR valuation and, instead, filed an amended petition[18] for determination of just compensation and cancellation of land transfers against the DAR, the LBP, and the said farmer-beneficiaries, docketed as SP. Civil Case No. 1483-AF.[19] He alleged, inter alia, that in computing the amount of just compensation, the DAR erroneously applied the provisions of PD 27 and Executive Order No. (EO) 228, Series of 1997, that have been repealed by Section 17 of Republic Act No. (RA) 6657,[20] otherwise known as the "Comprehensive Agrarian Reform Law of 1988," which took effect on June 15, 1988. Thus, he asserted that the value of the subject portion should be computed based on the provisions of RA 6657, and not of PD 27 and/or EO 228. He likewise claimed that the Barrio Committee on Land Production (BCLP) resolution which fixed the average gross production (AGP) per ha. per year at 120 cavans of palay, and which the DAR used in arriving at its valuation was falsified and therefore cannot validly serve as basis for determining the value of the land. In sum, Lajom stressed that the DAR valuation was arrived at without due process, highly prejudicial and inimical to his and his heirs' property rights.[21] | |||||