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Limkaichong vs. Land Bank of the Philippines etc. [SEPARATE CONCURRING OPINION, LEONEN, J.]

JOCELYN S. LIMKAICHONG, PETITIONER, VS. LAND BANK OF THE PHILIPPINES, DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY THE SECRETARY OF AGRARIAN REFORM, THROUGH THE PROVINCIAL AGRARIAN REFORM OFFICER, RESPONDENTS.

G.R. No. 158464 | 2016-08-02

SEPARATE CONCURRING OPINION

LEONEN, J.:

I concur with the ponencia. The original and exclusive jurisdiction of Special Agrarian Courts to determine just compensation should not be superseded by an executive determination. Therefore, provisions that limit the period when landowners can assert their right to just compensation should be struck down for being outside the constitutional confines of the eminent domain powers of the state.

The ponencia correctly upheld the doctrine in Export Processing Zone Authority v. Dulay.[1] The valuation of the Department of Agrarian Reform is merely preliminary.[2] It is even superfluous since the...