Hacienda-luisita-incorporated-vs-presidential-agrarian-reform-council.docx

Hacienda Luisita Incorporated vs PRESIDENTIAL AGRARIAN REFORM COUNCIL

Facts Hacienda Luisita (HLI) invokes that to insist that the taking is when the SDP was approved by the PARC on November 21, 1989 and that the same be considered as the reckoning period to determine the just compensation is deprivation of landowner’s property without due process of law. In its Motion for Clarification and Partial Reconsideration, HLI disagrees with the foregoing ruling and contends that the taking should be reckoned from finality of the Decision of this Court, or at the very least, the reckoning period may be tacked to January 2, 2006, the date when the Notice of Coverage was issued by the DAR pursuant to PARC Resolution No. 2006-34-01 recalling/revoking the approval of the SDP.

Issue: When is the Reckoning point of Valuation?

Held: The reckoning point is the issuance of the emancipation of patent or certificate of land ownership award and not the placing of the agricultural lands under the CARP coverage. Under RA 6657 and DAO 1, the awarded lands may only be transferred or conveyed after 10 years from the issuance and registration of the emacipation patent. Considering that the Eps or CLOAS have not yet been issued to qualified FWBs in the instant case, the 10 year prohibitive period has not even started