This case has been cited 2 times or more.
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2012-10-11 |
MENDOZA, J. |
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| Indeed, the issues raised in this petition are mainly factual in nature. Factual issues are not proper subjects of the Court's power of judicial review. Well-settled is the rule that only questions of law can be raised in a petition for review under Rule 45 of the Rules of Civil Procedure.[12] It is, thus, beyond the Court's jurisdiction to review the factual findings of the Regional Adjudicator, the DARAB and the CA as regards the validity and the binding effect of the Addendum. Whether or not the person who signed the Addendum on behalf of the NGEI Coop was authorized to do so; whether or not the NGEI Coop members ratified the Addendum; whether or not the rental rates prescribed in the Addendum were unconscionably low so as to be illegal, and whether or not the NGEI Coop had consistently assailed the validity of the Addendum even prior to the filing of the complaint with the Regional Adjudicator, are issues of fact which cannot be passed upon by the Court for the simple reason that the Court is not a trier of facts. | |||||
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2010-12-15 |
CARPIO, J. |
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| Moreover, there was no sufficient evidence to prove that respondent has fully paid the value of the subject landholding. As held in Mago v. Barbin,[35] the laws mandate full payment of just compensation for the lands acquired under PD 27 prior to the issuance of Emancipation Patents, thus: 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. Under Section 2 of Presidential Decree No. 266, 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. 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.[36] | |||||