This case has been cited 6 times or more.
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2015-08-12 |
JARDELEZA, J. |
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| Moreover, the DARAB overstepped its jurisdictional boundaries when it declared petitioners as qualified beneficiaries under CARP. In Lercana v. Jalandoni,[50] we ruled that the identification and selection of CARP beneficiaries are matters involving strictly the administrative implementation of the CARP, a matter exclusively cognizable by the Secretary of the Department of Agrarian Reform, and beyond the jurisdiction of the DARAB.[51] | |||||
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2007-07-24 |
AUSTRIA-MARTINEZ, J. |
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| It should also be equally binding on the DARAB for the simple reason that the latter has no appellate jurisdiction over the former:[31] the DARAB cannot review much less reverse the administrative findings of DAR.[32] Instead, the DARAB would do well to defer to DAR expertise when it comes to the identification and selection of beneficiaries,[33] as it did in Lercana v. Jalandoni[34] where we noted with approval that, in the dispositive portion of its decision, the DARAB left to the concerned DAR Offices the determination of who are or should be agrarian reform beneficiaries. In fact, this course of action available to the DARAB is now embodied in Rule II of its 2003 Rules of Procedure, thus:Section 5. Referral to Office of the Secretary (OSEC).- In the event that a case filed before the Adjudicator shall necessitate the determination of a prejudicial issue involving an agrarian law implementation case, the Adjudicator shall suspend the case and, for purposes of expediency, refer the same to the Office of the Secretary or his authorized representative in the locality x x x. | |||||
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2007-03-02 |
AUSTRIA-MARTINEZ, J. |
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| In the disputed July 2, 1995 Order, then DAR Secretary Garilao cancelled the award to Padua of Lot No. 90, thereby declaring the latter not qualified to acquire the property as an agrarian reform beneficiary.[35] Said Order was therefore issued by Sec. Garilao in the exercise of his power under Section 50 of R.A. No. 6657 and Section 2 (b) of Administrative Order No. 06-00. | |||||
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2005-08-25 |
CHICO-NAZARIO, J. |
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| Observe that nowhere in the DARAB Decision was it held that respondents were proper beneficiaries of the CARP. In fact this matter of whether or not respondents were proper beneficiaries of the CARP was a total non-issue before any of the proceedings in the DARAB or in the PARAD. This power to pinpoint beneficiaries is reserved to the Secretary of Agrarian Reform per Lercana v. Jalandoni,[19] where the Court ruled that the identification and selection of CARP beneficiaries are matters involving strictly the administrative implementation of the CARP, a matter exclusively cognizable by the Secretary of the Department of Agrarian Reform (DAR), and beyond the jurisdiction of the DARAB, to wit:On the second issue tendered by the petition, it appears to us that the proper administrative official must resolve first the question of beneficiaries under CARP. The Court of Appeals, in adopting the findings of the DARAB, did not declare respondents as beneficiaries under the Comprehensive Agrarian Reform Program (CARP) in relation to the disputed landholding. The DARAB, in the dispositive portion of its decision, left to the concerned DAR Offices the determination of who are or should be the CARP beneficiaries. At this juncture, petitioner ought to be reminded only that the identification and selection of CARP beneficiaries are matters involving strictly the administrative implementation of the CARP, a matter exclusively cognizable by the Secretary of the Department of Agrarian Reform, and beyond the jurisdiction of the DARAB. Properly speaking, the matter of CARP beneficiaries is not an issue before us. | |||||
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2005-02-16 |
QUISUMBING, J. |
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| Incidentally, petitioner urged this Court to review the factual findings of the case due to contradictory findings of the trial court and the Court of Appeals arising from misappreciation of facts by the Court of Appeals. Such plea must be rejected. It is a well established rule that in an appeal via certiorari, only questions of law may be raised,[19] and we find petitioner's averments insufficient to disregard this well-entrenched rule. This Court does not, of itself, automatically delve into the record of a case to determine the facts anew where there is disagreement between the findings of fact by the trial court and by the Court of Appeals. When the disagreement is merely on the probative value of the evidence, i.e., which is more credible of two versions, we limit our review to only ascertaining if the findings of the Court of Appeals are supported by the records. So long as the findings of the appellate court are consistent with and not palpably contrary to the evidence on record, we shall decline to make a review on the probative value of such evidence. The findings of fact of the Court of Appeals, and not those of the trial court, will be considered final and conclusive, even in this Court.[20] In this case, we find no cogent reason to disturb the foregoing factual findings of the Court of Appeals. | |||||
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2004-03-23 |
YNARES-SANTIAGO, J. |
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| Notice of Coverage placing the subject properties under CARP. Since the identification and selection of CARP beneficiaries are matters involving strictly the administrative implementation of the CARP,[19] it behooves the courts to exercise great caution in substituting its own determination of the issue, unless there is grave abuse of discretion committed by the administrative agency. In this case, there was none. The Comprehensive Agrarian Reform Program (CARP) is the bastion of social justice of poor landless farmers, the mechanism designed to redistribute to the underprivileged the natural right to toil the earth, and to liberate them from oppressive tenancy. To those who seek its | |||||