phil veterans bank v ca case digest

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Case Digest on PHIL. VETERANS BANK V. CA 18 Jan. 2000 Facts: P’s land was taken by DAR pursuant to the Comprehensive Agrarian Reform Law. P contended that DAR adjudicators have no jurisdiction to determine the just compensation for the taking of lands under CARP because such jurisdiction is vested in the RTC. Issue: Whether the DAR or RTC has jurisdiction Held: DAR has jurisdiction. There is nothing contradictory between the DAR’s primary jurisdiction over “agrarian reform matters” and exclusive original jurisdiction over “all matters involving the implementation of agrarian reform,” which includes the determination of questions of just compensation, and the RTC’s “original and exclusive jurisdiction” over all petitions for the determination of just compensation to the landowner. In accordance with settled principles of administrative law, primary jurisdiction is vested in the DAR as an administrative agency to determine in a preliminary manner the reasonable compensation to be paid for the lands taken under CARP, but such determination is subject to challenge in the courts. case digests, case digests of supreme court decisions, case digests Philippines, mobile phone deals, laptop computers, gadgets, free legal opinion, online jobs, best law firms in Mindanao, Remedial Law

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Page 1: Phil Veterans Bank v CA Case Digest

Case Digest on PHIL. VETERANS BANK V. CA

18 Jan. 2000

Facts:

P’s land was taken by DAR pursuant to the Comprehensive Agrarian Reform Law. P contended that DAR adjudicators have no jurisdiction to determine the just compensation for the taking of lands under CARP because such jurisdiction is vested in the RTC.

Issue: Whether the DAR or RTC has jurisdiction

Held:

DAR has jurisdiction. There is nothing contradictory between the DAR’s primary jurisdiction over “agrarian reform matters” and exclusive original jurisdiction over “all matters involving the implementation of agrarian reform,” which includes the determination of questions of just compensation, and the RTC’s “original and exclusive jurisdiction” over all petitions for the determination of just compensation to the landowner. In accordance with settled principles of administrative law, primary jurisdiction is vested in the DAR as an administrative agency to determine in a preliminary manner the reasonable compensation to be paid for the lands taken under CARP, but such determination is subject to challenge in the courts.

case digests, case digests of supreme court decisions, case digests Philippines, mobile phone deals, laptop computers, gadgets, free legal opinion, online jobs, best law firms in Mindanao, Remedial Law