Archive for September, 2023


SC CASE 2023-0025-MARKEN, INCORPORATED VS. LANDBANK OF THE PHILIPPINES, DEPARTMENT OF AGRARIAN REFORM, AND DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD (DARAB) (G.R. NO. 221060, 09 AUG 2023, GESMUNDO, C.J.) SUBJECT/S: JUST COMPENSATION; DAR COVERAGE) (BRIEF TITLE: MARKEN INC VS LANDBANK ET AL)

Filed under: LATEST SUPREME COURT CASES — Leave a comment
September 29, 2023

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONER HAS TWO PARCELS OF LAND. DAR PUT THE LANDS UNDER ITS COVERAGE.

DAR AND LANDBANK VALUED THE JUST COMPENSATION FOR THE LAND AT P11M PLUS AND P7M PLUS RESPECTIVELY. PETITIONER CLAIMS THE VALUE IS P160M PLUS SINCE IT WAS USED AS FISHPOND. ALSO PETITIONER ARGUED THAT SINCE IT WAS USED AS FISHPOND IT SHOULD BE EXEMPTED FROM DAR COVERAGE. SC SAID AT THE TIME OF VALUATION IT WAS NOT USED AS FISHPOND BUT THE LAND WAS IDLE LAND. TRUE IT WAS USED IN THE PAST AS FISHPOND BUT IT WAS TEN YEARS AGO AND PETITIONER FAILED TO SHOW PROOF THAT IT WAS AT TIME OF EVALUATION WAS USED AS FISHPOND. THERE WAS NO OTHER EVIDENCE ON THE VALUATION EXCEPT THAT DONE BY LAND BANK.

BESIDES, PETITIONER SHOULD HAVE CONTESTED THE DARAB DECISION BEFORE THE RTC ACTING AS SPECIAL AGRARIAN COURT. BUT INSTEAD PETITIONER APPEALED THE DARAB DECISION TO THE COURT OF APPEALS. HENCE THE DARAB DECISION BECAME FINAL AND EXECUTORY.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

scd-2023-0025-marken-incorporated-vs.-landbank-of-the-philippines-department-of-agrarian-reform-and-department-of-agrarian-reform-adjudication-board-darab-Download

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

Comment

SC CASE 2023-0024-THE CITY GOVERNMENT OF ANTIPOLO AND THE CITY TREASURER OF ANTIPOLO VS TRANSMIX BUILDERS & CONSTRUCTION INC (G.R. NO. 235484, 09 AUG 2023, GESMUNDO C.J.) (SUBJECT/S: NOTICE OF TAX SALE) (BRIEF TITLE: GOVT OF ANTIPOLO VS TRANSMIX BUILDERS)

Filed under: LATEST SUPREME COURT CASES — Leave a comment
September 16, 2023

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

IN THIS CASE THERE WAS NO PROPER NOTICE TO THE RESPONDENT OF THE TAX SALE BY THE ANTIPOLO GOVERNMENT. THERE BEING NO PROPER NOTICE THE TAX SALE WAS VOID.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

scd-2023-0024-the-city-government-of-antipolo-and-the-city-of-treasurer-of-antipoloDownload

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

Comment