This case has been cited 3 times or more.
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2015-12-09 |
JARDELEZA, J. |
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| We are aware of the rule requiring full payment of just compensation prior to the issuance of an emancipation patent. Such was the consistent pronouncement of this Court in Association of Small Landowners in the Philippines, Inc. v. Secretary of Agrarian Reform[65] Paris v. Alfeche,[66] Coruña v. Cinamin[67] and Reyes v. Barrios,[68] among others. The foregoing cases, however, do not involve voluntary land transactions similar to the arrangement chosen by the parties in this case. For this reason, we find that the rule requiring prior complete payment does not find application here. | |||||
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2014-10-22 |
BERSAMIN, J. |
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| However, there was no evidence of payment prior to the cancellation of the petitioner's TCTs submitted here. The requirement of prior payment was found in Republic Act No. 6657 and Presidential Decree No. 27, under which full payment by the intended beneficiary was a condition prior to the award of an EP. We have explicitly pronounced in Coruña v. Cinamin[78] that the emancipation of tenants does not come free. The transfer of lands under Presidential Decree No. 27 remained subject to the terms and conditions provided in said law. In Paris v. Alfeche,[79] we said: x x x. Section 2 of PD 266 states: | |||||
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2009-10-12 |
CARPIO, J. |
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| In the first place, the Emancipation Patents and the Transfer Certificates of Title should not have been issued to petitioners without full payment of the just compensation.[19] Under Section 2 of Presidential Decree No. 266,[20] the DAR will issue the Emancipation Patents only after the tenant-farmers have fully complied with the requirements for a grant of title under PD 27. Although PD 27 states that the tenant-farmers are already deemed owners of the land they till, it is understood that full payment of the just compensation has to be made first before title is transferred to them.[21] Thus, Section 6 of EO 228 provides that ownership of lands acquired under PD 27 may be transferred only after the agrarian reform beneficiary has fully paid the amortizations. In Coruña v. Cinamin,[22] the Court held: As discussed above, the laws mandate the full compensation for the lands acquired under Pres. Decree No. 27 prior to the issuance of emancipation patents. This is understandable particularly since the emancipation patent presupposes that the grantee thereof has already complied with all the requirements prescribed by Pres. Decree No. 27. x x x | |||||