This case has been cited 4 times or more.
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2012-08-22 |
MENDOZA, J. |
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| Our law on agrarian reform is a legislated promise to emancipate poor farm families from the bondage of the soil. P.D. No. 27 was promulgated in the exact same spirit, with mechanisms which hope to forestall a reversion to the archaic and inequitable feudal system of land ownership. It aspires to guarantee the continued possession, cultivation and enjoyment by the beneficiary of the land that he tills which would certainly not be possible where the former owner is allowed to reacquire the land at any time following the award in contravention of the government's objective to emancipate tenant-farmers from the bondage of the soil.[22] | |||||
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2010-08-08 |
PERALTA, J. |
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| Our law on agrarian reform is a legislated promise to emancipate poor farm families from the bondage of the soil. P.D. No. 27 was promulgated in the exact same spirit, with mechanisms which hope to forestall a reversion to the antiquated and inequitable feudal system of land ownership. It aims to ensure the continued possession, cultivation and enjoyment by the beneficiary of the land that he tills which would certainly not be possible where the former owner is allowed to reacquire the land at any time following the award in contravention of the government's objective to emancipate tenant-farmers from the bondage of the soil.[47] | |||||
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2007-07-24 |
AUSTRIA-MARTINEZ, J. |
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| Inherent in the power of DAR to undertake land distribution for agrarian reform purposes is its authority to identify qualified agrarian reform beneficiaries.[24] Corollary to it is also the authority of DAR to select a substitute to a previously designated beneficiary who may have surrendered or abandoned his claim, and to reallocate the land awarded to the latter in favor of the former. For this purpose, DAR is governed by the requirements and procedure set forth in DAR Memorandum Circular (MC) No. 4,[25] series of 1983, in relation to Ministry of Agrarian Reform Circular No. 8-80, specifically: 1) that the waiver/surrender be made in favor of the government such as through the SN;[26] 2) that the SN recommend other qualified beneficiaries;[27] and 3) that, based on an investigation or hearing, an order or decision be rendered declaring the disqualification and removal of the abandoning/surrendering beneficiary.[28] Under paragraph V of MC No. 4, such selection/reallocation order issued by DAR becomes final and executory upon the lapse of 30 days from receipt thereof by the beneficiaries and/or parties-in-interest. | |||||
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2005-09-16 |
CALLEJO, SR., J. |
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| At the outset, the Court stresses that the issues raised by the petitioners are factual and, under Rule 45 of the Rules of Court, only questions of law may be raised. The reason for the rule is that this Court is not a trier of facts and is not to reexamine and calibrate the evidence of the parties. Furthermore, the findings of the trial court and its conclusion on the basis thereof, as affirmed by the CA, are conclusive on this Court, absent any showing that the trial court ignored, misconstrued or misinterpreted cogent facts and circumstances which, if considered, would change the outcome of the case.[22] We have reviewed the records and find no justification to modify, much less reverse the findings of the court a quo and affirmed by the CA. | |||||