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Alfonso vs. Land Bank of the Philippines [DISSENTING OPINION, VELASCO, JR., J.]

RAMON M. ALFONSO, Petitioner vs. LAND BANK OF THE PHILIPPINES and DEPARTMENT OF AGRARIAN REFORM, Respondents

G.R. Nos. 181912 & 183347 | 2016-11-29

DISSENTING OPINION
 
VELASCO, JR., J.:
 
The instant case involves Department of Agrarian Reform (DAR) Department Administrative Order No. 05-s.1998 (DAO No.5), which provides for a formula in the computation for just compensation that is due to a landowner. The core issue is whether or not the DAR-crafted formula is mandatory on the Regional Trial Court (RTC), acting as a Special Agrarian Court (SAC). While jurisprudence on the matter is not consistent, the pre-dominant holding has been that the application of the formula is mandatory. However, this dictum should now be revisited, in consonance with the postulate that the...