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Alternative answer:
Succession
Legitimes of heirs or
Consolidation of ownership?
(d) Assuming that you still lose before the body that you
sought relief, what will be your next remedy?
1. The two notice rule was not followed. Aside from the Notice of
Coverage, which notifies landowner of his land being subject
to the CARL(inclusive of the periods to protest, nomination of
preferred beneficiary, manifest for exclusion and manifest for
retention), he should also receive a Notice Of Land Valuation
and Acquisition, which will give him the price which the Govt
offers for his land.
2. Before a judicial determination of just compensation,
administrative determination must be made by the DARAB or
(b) If you are from the Office of the Solicitor General, what
will be your legal maneuver to obtain a relief in favor of
the Republic Of the Philippines?
AS the counsel for the Republic, I would push for the
appropriation regardless of the protest. The state has the
right to take the land upon payment of just
compensation. So as long as there is “just payment” of
the land in question, the government may exercise its
power of eminent domain as long as the land will be
used for the greater good.
(c) If you are the counsel of the respondents, what will be
your best argument?
As counsel for the respondents, I will argue that my client
was unjustly deprived of the right to due process in the
determination of just compensation for the valuation of
her land when the process was circumvented and
determined through judicial determination without the
preliminary determination by the DAR as to the matter
of justly compensating the value of her property.
Furthermore, I will argue that, such processes are
indispensable, for to be considered paid for the fair and
full value of my property, a lot of factors need to be
considered. The indispensability of the processes is
important because it follows the constitutional and
procedural aspects of the exercise of eminent domain.
(d) When the parties entered into a compromise relative to
the valuation of the land, what will happen to the
appealed case?
(Compromise by LBP, LO and other parties ba to?)