This case has been cited 2 times or more.
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2007-10-18 |
VELASCO, JR., J. |
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| Anent the contravention of the prohibition under PD 27, we ruled in Siacor v. Gigantana[73] and more recently in Caliwag-Carmona v. Court of Appeals,[74] that sales or transfers of lands made in violation of PD 27 and EO 228 in favor of persons other than the Government by other legal means or to the farmer's successor by hereditary succession are null and void. The prohibition even extends to the surrender of the land to the former landowner. The sales or transfers are void ab initio, being contrary to law and public policy under Art. 5 of the Civil Code that "acts executed against the provisions of mandatory or prohibiting laws shall be void x x x." In this regard, the DAR is duty-bound to take appropriate measures to annul the illegal transfers and recover the land unlawfully conveyed to non-qualified persons for disposition to qualified beneficiaries. In the case at bar, the alleged transfers made by some if not all of respondents Gonzalo Dizon, et al. (G.R. No. 148777) of lands covered by PD 27 to non-qualified persons are illegal and null and void. | |||||
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2005-11-22 |
CALLEJO, SR., J. |
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| In the present case, the DAR Secretary approved CLOA No. 51750 in the name of Alberto in the exercise of his administrative powers and in the implementation of the agrarian reform laws. The approval was based on the Report of the MARO, the November 16, 1990 Order of the PARO and the recommendation of the DAR Director of the Bureau of Land Acquisition and Distribution, over whom the DAR Secretary has supervision and control. The DAR Secretary also had the authority to withdraw the CLOA upon a finding that the same is contrary to law and DAR orders, circulars and memoranda. The resolution of such issues by the DAR Secretary will entail the application and implementation of agrarian reform laws, inclusive of P.D. No. 946 as well as the implementing orders, circulars and rules and regulations issued by the DAR. On the issue of who may be or shall be declared as the owner-cultivator of the landholding, P.D. No. 27 and other agrarian reform laws, DAR Memorandum Circular No. 19, Series of 1978 as amended by DAR Administrative Order No. 14, Series of 1988, and DAR Memorandum Circular No. 8, Series of 1980 will apply. On the issue of whether or not the petitioners sold their tenancy rights over the landholding and barred them from asserting their rights, either by pari delicto, prescription or laches, the DAR Secretary will apply P.D. No. 27 and the rulings of this Court in Torres v. Ventura[34] and Corpus v. Grospe,[35] reiterated in Siacor v. Gigantana.[36] On the issue of whether the petitioners were denied of their right to substantive and procedural due process, the DAR Secretary will take into account, inter alia, Administrative Order No. 3, Series of 1990. | |||||