10/15/2019 Lets Study Law: Association of Small Landowners in the Philippines vs.

Honorable Secretary of Agrarian Reform

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Association of Small Landowners in the Philippines vs. Honorable Secretary
of Agrarian Reform Home

G.R. No. 78742                        July 14, 1989

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Petitioner: Association of Small Landowners in the Philippines RDIO
Respondent: Honorable Secretary of Agrarian Reform
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Facts: These are consolidated cases which involve common legal, including serious
Blog Archive
challenges to the constitutionality of the several measures such as P.D. No. 27,
E.O. No. 228, Presidential Proclamation No. 131, E.O. No. 229, and R.A. No. 6657. ► 2019 (2)
G.R. No. 79777 ► 2018 (9)
The petitioners are questioning P.D. No. 27 and E.O. Nos. 228 and 229 on grounds
► 2017 (1)
inter alia of separation of powers, due process, equal protection and the
constitutional limitation that no private property shall be taken for public use ► 2014 (2)
without just compensation. G.R. No. 79310 ▼ 2013 (4)
G.R. No. 79310
▼ November (4)
This petition seeks to prohibit the implementation of Proc. No. 131 and E.O. No.
Association of Small Landowners in
229. They contend that taking must be simultaneous with payment of just the Philippines...
compensation as it is traditionally understood, i.e., with money and in full, but no
Acebedo Optical Company, Inc. vs.
such payment is contemplated in Section 5 of the E.O. No. 229.
The Honorable Co...
G.R. No. 79744
The petitioner argues that E.O. Nos. 228 and 229 are violative of the constitutional Metropolitan Manila Development
Authority vs. Trac...
provision that no private property shall be taken without due process or just
compensation. White Light Corporation vs City of
Manila
G.R. No. 78742
Petitioners claim they cannot eject their tenants and so are unable to enjoy their
right of retention because the Department of Agrarian Reform has so far not issued
Labels
the implementing rules required under the above-quoted decree.
1989 (1)
Issue: Whether agrarian reform is an exercise of police power or eminent domain 2000 (1)
Acebedo Optical Company (1)
Ruling: There are traditional distinctions between the police power and the power Ang vs CA (1)
of eminent domain that logically preclude the application of both powers at the
Ang vs Court of Appeals (1)
same time on the same subject. Property condemned under the police power is
appeal (1)
noxious or intended for a noxious purpose, such as a building on the verge of
collapse, which should be demolished for the public safety, or obscene materials, ASLP (1)
which should be destroyed in the interest of public morals. The confiscation of such Association of Small Landowners in the
Philippines vs. Honorable Secretary of
property is not compensable, unlike the taking of property under the power of
Agrarian Reform (1)
expropriation, which requires the payment of just compensation to the owner.
Bar 2018 (2)

The cases before us present no knotty complication insofar as the question of Bar2018 (1)
compensable taking is concerned. To the extent that the measures under challenge Bigamy (1)
merely prescribe retention limits for landowners, there is an exercise of the police case digest (10)
power for the regulation of private property in accordance with the Constitution. chain of custody (1)
But where, to carry out such regulation, it becomes necessary to deprive such City of Manila (1)
owners of whatever lands they may own in excess of the maximum area allowed,
Civil Law (1)
there is definitely a taking under the power of eminent domain for which payment
comelec (1)
of just compensation is imperative. The taking contemplated is not a mere
constitutional law (1)
limitation of the use of the land. What is required is the surrender of the title to
and the physical possession of the said excess and all beneficial rights accruing to constitutional law 2 (5)

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10/15/2019 Lets Study Law: Association of Small Landowners in the Philippines vs. Honorable Secretary of Agrarian Reform
the owner in favor of the farmer-beneficiary. This is definitely an exercise not of correction of entry (1)
the police power but of the power of eminent domain criminal case (2)
Decisions (1)
at November 25, 2013 Declaration of Nullity of Marriage (1)
Del Castillo (2)
Labels: 1989, ASLP, Association of Small Landowners in the Philippines vs. Honorable
Secretary of Agrarian Reform, case digest, constitutional law 2, eminent domain, EO 228, drug case (1)
G.R. No. 78742, July 14, PD 27, police power elements (1)
eminent domain (2)

No comments: EO 228 (1)

expres warranty (1)
Post a Comment Felipe Almojuela (1)
G.R. No. 100152 (1)
G.R. No. 78742 (1)
Enter your comment... G.R. No.119694 (1)
Hechanova (1)
illegal possession of dangerous drugs
(1)
Comment as: mydestinee2016 Sign out illegal sale of dangerous drugs (1)
illegal; dismissal (1)
implied warranty (1)
Publish Preview Notify me
Inc. (1)
Inc. vs. Commission on Elections (1)
Inc. vs. The Honorable Court of Appeals
(1)
indispensable (1)
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inherent powers of the state (1)
Subscribe to: Post Comments (Atom) inventory of drugs (1)
July 14 (1)
jurisprudence (1)
Appeal from Labor Arbiter to NLRC just compensation (1)
G.R. No. 195109               February 4, 2015 ANDY D. HALITE, DELFIN M. ANZALDO AND Kalaw v. Fernandez (1)
MONALIZA DL. BIHASA,  Petitioners, vs. SS VENTURE... labor arbiter (1)
Labor Law (2)
LBP v. Oñate (1)
Association of Small Landowners in the Philippines vs. Honorable Secretary of Agrarian
March 31 (1)
Reform
G.R. No. 78742                        July 14, 1989 Petitioner: Association of Small Landowners in Meatworld International (1)
the Philippines Respondent: Honorable... Metropolitan Manila Development
Authority (1)
White Light Corporation vs City of Manila MMDA vs Trackworks (1)
G.R. No. 122846          January 20, 2009 Petitioner:  White Light Corporation, Titanium
Corporation and Sta. Mesa Tourist & Develo... MMDA vs. Trackworks case digest (1)
NLRC (1)
PD 27 (1)
People v Cariat (1)
People v. Ismael (1)
perfection of appeal (1)
petition (1)
Philippine Press Institute (1)
police power (4)
possession of drugs (1)
prescription (1)
RA 9165 (1)
rape case (1)
requisites (1)
requisites for the crime of rape (1)
ron aries dagatan cariat (1)
rule 108 (1)
sale of drugs (1)
Sales (1)
Sec 21 of RA 9165 (1)
special proceeding (1)
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10/15/2019 Lets Study Law: Association of Small Landowners in the Philippines vs. Honorable Secretary of Agrarian Reform
Supreme Court (1)
The Honorable Court of Appeals (1)
warranty (1)
White Light Corporation (1)
White Light Corporation vs City of
Manila (1)
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