BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
  • About
  • Articles
  • LAW
  • CPA REVIEW

a collections of case digests and laws that can help aspiring law students to become a lawyer


Case Digest: Sta. Rosa Realty Development Corporation vs Court of Appeals, G.R. No. 1125, 26October 12, 2001,                367 SCRA 175

7/26/2020

0 Comments

 
​Sta. Rosa Realty Development Corporation vs  Court of Appeals
G.R. No. 112526
October 12, 2001
367 SCRA 175

Facts:
Petitioner, Sta. Rosa Realty Development Corporation (SRRDC) was the registered owner of two parcels of land, situated at Barangay Casile, Cabuyao, Laguna covered by TCT Nos. 81949 and 84891, with a total area of 254.6 hectares.

The parcels of land in Barangay Casile were declared as "PARK" by a Zoning Ordinance adopted by the municipality of Cabuyao in 1979, as certified by the Housing and Land Use Regulatory Board.
On December 12, 1989, Secretary of Agrarian Reform Miriam Defensor Santiago sent two (2) notices of acquisition to petitioner, stating that petitioner's landholdings had been placed under the Comprehensive Agrarian Reform Program.

On April 6, 1990, petitioner sent a letter to the Land Bank of the Philippines stating that its property under the aforesaid land titleswere exempt from CARP coverage because they had been classified as watershed area and were the subject of a pending petition for land conversion.
On January 5, 1994, the Sangguniang Bayan of Cabuyao, Laguna issued a Resolution voiding the zoning classification of the land at Barangay Casile as Park and declaring that the land is now classified as agricultural land.

Issue:
Whether or not the property in question is covered by CARP despite the fact that the entire property formed part of a watershed area prior to the enactment of R. A. No. 6657.

Held:
In Natalia Realty, Inc. vs (DAR) Department of Agrarian Reform, the Court held that lands classified as non-agricultural prior to the effectivity of the CARL may not be compulsorily acquired for distribution to farmer beneficiaries.
However, more than the classification of the subject land as PARK is the fact that subsequent studies and survey showed that the parcels of land in question form a vital part of a watershed area.
Another factor that needs to be mentioned is the fact that during the DARAB hearing, petitioner presented proof that the Casile property has slopes of 18% and over, which exempted the land from the coverage of CARL.
Hence, the Court remanded the case to the DARAB for re-evaluation and determination of the nature of the parcels of land involved to resolve the issue of its coverage by the Comprehensive Land Reform Program.In the meantime, the effects of the CLOAs issued by the DAR to supposed farmer beneficiaries shall continue to be stayed by the temporary restraining order issued on December 15, 1993, which shall remain in effect until final decision on the case.

0 Comments



Leave a Reply.

    Archives

    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Copyright Notice
Copyright © – 2020, All Rights Reserved.

Disclaimer
This  project primarily designed to assist students of law  and accounting in their studies. It is merely a tool. The use of our Services does not guarantee success in obtaining a law/accounting degree nor in passing the Bar/Board Exams. We makes no warranties or representations of any kind, whether expressed or implied for the Services provided.
The cases, laws, and other publications found in this site are of public domain, collected from public sources such as the Supreme Court online library. The content however have been heavily modified, formatted, and optimized for better user experience, and are no longer perfect copies of their original. We gives no warranty for the accuracy or the completeness of the materials. We also reserves the right to further improve, add, modify, or remove content with or without prior announcements.
This site also contains materials published by the students, professors, lawyers, and other users of the our Services. These materials are owned by such users and of their sole responsibility. While we may review user-published content, please do not assume that content you are accessing has been reviewed or curated. You may report abusive content through the listed contact details.
We does not guarantee against any loss or damage caused by third persons, delays, interruptions, unavailability, or by the termination of its Services.
We reserves the right to amend the terms and policies for its Services.

Terms of Service
By using our Services, you are agreeing to these terms. Please read them carefully.
Access our Services only through the interface and instructions provided. Do not misuse the Services, or use them in such ways that may interfere their availability, or in ways that may cause discredit to you, your school, or your profession.
These terms do not give you ownership of any intellectual property rights to the content you access on our Services. Do not use content from our Services other than for personal purposes unless you obtain permission from its owner or are otherwise permitted by law. Do not remove, obscure, or alter any legal notices and attributions displayed in or along with our Services.
We may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Our Services are designed to be accessible on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
We may suspend or stop providing our Services to you if you do not comply with these terms and policies or if we are investigating suspected misconduct.

Privacy
Some services require you to login or register with minimal personal information this site.
Collected Information
Collected information includes user name, email address, Facebook ID and photo. The user may also optionally provide school, year level, BAR year, profession, office, address, and other information which may assist in improving our Services.
Uses of the Information
The collected information will only be used in connection with the use or for the improvement of our Services.
Users Created Content
Content created by users are published and shared for public use. Published content is always attributed to the author through his user account. A user may remain anonymous by changing his "display name" under his profile.
Data Analytics
We conducts data analytics for the improvement of the usability and design of our Services and the user experience. These may include but not limited to tracking time spent on the site, services availed, number of contents created or shared.

Content
Our Services allow you to create casebooks, digests, outlines, notes, and other content. You retain ownership of intellectual property rights that you hold in that content.
When you create content through our Services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This license continues even if you stop using our Services (for example: your list of cases, digests, and outlines in your casebooks).
Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
We reserves the right to review your published content and may remove materials that are offensive, abusive, of no value, or not in line with the purpose of our Services. The amount of content or materials that you publish may be limited by us.
We also used cookies in our website.

Contact Us
  • HOME
  • OUR SERVICES
  • About
  • Articles
  • LAW
  • CPA REVIEW