Академический Документы
Профессиональный Документы
Культура Документы
22, 2011
Issues:
1. WON PARC and DAR Sec. Pangandaman have jurisdiction, power and/or
authority to nullify, recall, revoke or rescind the SDOA
2. WON the operative fact doctrine is applicable in this case
Held:
1. Yes, PARC has the authority to revoke the SDOA.
Under Sec. 31 of RA 6657, the authority to approve the plan for stock
distribution of the corporate landowner belongs to PARC.
However, PARC also has the power to revoke the SDP which it
previously approved.
Such power or authority is deemed possessed by PARC under the
principle of necessary implication.
Every statute is understood, by implication, to contain all such
provisions as may be necessary to effectuate its object and purpose, or
to make effective rights, powers, privileges or jurisdiction which it
grants, including all such collateral and subsidiary consequences as
may be fairly and logically inferred from it terms.
Following the doctrine of necessary implication, it may be stated that
the conferment of express power to approve a plan for stock
distribution of the agricultural land of corporate owners necessarily
includes the power to revoke or recall the approval of the plan.
A law authorizing interference, when appropriate, in the contractual
relations between or among parties is deemed read into the contract