This case has been cited 2 times or more.
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2012-04-11 |
VILLARAMA, JR., J. |
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| Notwithstanding the foregoing rulings, we noted in Land Bank of the Philippines v. Umandap[22] that "[s]ince the SAC statutorily exercises original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners, it cannot be said that the decision of the adjudicator, if not appealed to the SAC, would be deemed final and executory, under all circumstances." In certain cases, the Court has adopted a policy of liberally allowing petitions for determination of just compensation even though the procedure under DARAB rules have not been strictly followed, whenever circumstances so warrant.[23] Thus, we allowed a petition refiled by LBP within 5 days from the denial of the motion for reconsideration of the order dismissing the original petition, during which time said dismissal could still be appealed to the CA: x x x The SAC even expressly recognized that the rules are silent as regards the period within which a complaint dismissed without prejudice may be refiled. The statutorily mandated original and exclusive jurisdiction of the SAC, as well as the above circumstances showing that LBP did not appear to have been sleeping on its rights in the allegedly belated refiling of the petition, lead us to assume a liberal construction of the pertinent rules. To be sure, LBP's intent to question the RARAD's valuation of the land became evident with the filing of the first petition for determination of just compensation within the period prescribed by the DARAB Rules. Although the first petition was dismissed without prejudice on a technicality, LBP's refiling of essentially the same petition with a proper non-forum shopping certification while the earlier dismissal order had not attained finality should have been accepted by the trial court. | |||||
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2011-07-27 |
VILLARAMA, JR., J. |
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| The Court noted that Republic v. Court of Appeals does not serve as authority for disregarding the 15-day period to bring an action for judicial determination of just compensation as there was no pronouncement therein invalidating Rule XIII, Section 11 of the New Rules of Procedure of the DARAB. Moreover, we stated that any speculation as to the applicability of said provision was foreclosed by our subsequent ruling in Philippine Veterans Bank (supra) where we affirmed the order of dismissal of a petition for determination of just compensation for having been filed beyond the fifteen-day period under Section 11.[25] | |||||