Agl Bar Questions

1.
The National Power and Grid Corporation (NPGC), a government entity involved in
power generation distribution, had its transmission lines traverse some fields belonging to
Farmerjoe. NPGC did so without instituting any expropriation proceedings. Farmerjoe,
not knowing any better, did not immediately press his claim for payment until after ten
years later when a son of his took up Law and told him that he had a right to claim
compensation. That was then the only time that Farmerjoe earnestly demanded payment.
When the NPGC ignored him, he instituted a case for payment of just compensation. In
defense, NPGC pointed out that the claim had already prescribed since under its Charter
it is clearly provided that "actions for damages must be filed within five years after the
rights of way, transmission lines, substations, plants or other facilities shall have been
established and that after said period, no suit shall be brought to question the said rights
of way, transmission lines, substations, plants or other facilities." If you were the lawyer
of Farmerjoe, how would you protect and vindicate the rights of your client? (4%)
2. (True or False) A valid and definite offer to buy a property is a pre-requisite to

expropriation initiated by a local government unit.
3. (True or False) Aliens are absolutely prohibited from owning private lands in the
Philippines.
4. Mr. Roland Rivera is the owner of four lots sought to be expropriated by the Export
Processing Zone Authority for the expansion of the export processing zone at Baguio
City. The same parcels of land had been valued by the Assessor at P120.00 per square
meter, while Mr. Rivera had previously fixed the market value of the same at P100 per
square meter. The Regional Trial Court decided for expropriation and ordered the
payment to Mr. Rivera at the rate of P100 a square meter pursuant to Presidential Decree
No. 1533, providing that in determining just compensation for private property acquired
through eminent domain proceedings, the compensation to be paid shall not exceed the
value declared by the owner or determined by the Assessor, pursuant to the Real Property
Tax Code, whichever value is lower, prior to the recommendation or decision of the
appropriate government office to acquire the property.
Mr. Rivera appealed, insisting that just compensation for his property should be
determined by Commissioners who could evaluate all evidence on the real value of the
property, at the time of its taking by the government. He maintains that the lower court
erred in relying on Presidential Decree No. 1533, which he claims is unconstitutional.
How would you decide the appeal? Explain your answer

5. Teodoro Luzung is engaged in the business of prawn farming, The prawns are nurtured in
his fishponds in Mindoro and, upon harvest, are immediately frozen for export.
Congress passed the Comprehensive Agrarian Reform Law of 1988 which provides
among others that all private lands devoted to agriculture shall be subject to agrarian
reform. The law includes under the term "agriculture" the following activities: cultivation
of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or fish.
The Department of Agrarian Reform issued an implementing order which provides that
commercial farms used for aqua-culture, including salt-beds, fishponds and prawn farms
are within the scope of the law.
Can the law be declared unconstitutional? Decide.
6. Which one of the following circumstances is NOT an element of taking under eminent
domain:
a. entering upon public property for a momentary period;
b. under color of legal authority;
c. devoting it to public use;
d. as substantially to cust the owner of all beneficial ownership.
7. Market value for purposes of determining just compensation in eminent domain has been
described as the fair value of property:
a. between one who desires to purchase and one does not desire to sell;
b. between one who desires to purchase and one who wants to delay selling;
c. between one who desires to purchase and one who desires to sell;
d. between one who desires to purchase o n terms and one who desires to sell after a
period of time.
8. The workers worked as cargadores at the warehouse and ricemills of farm A for several
years. As cargadores, they loaded, unloaded and pilled sacks of rice from the warehouse
to the cargo trucks for delivery to different places. They were paid by Farm A on a piece-
rate basis. Are the workers considered regular employees?
a. Yes, because Farm A paid wages directly to these workers without the intervention of
any third party independent contractor;
b. Yes, their work is directly related, necessary and vital to the operations of the farm;
c. No, because Farm A did not have the power to control the workers with respect to the
means and methods by which the work is to be accomplished;
d. A and B.
9. The government sought to expropriate a parcel of land belonging to Y. The law provides
that, to get immediate possession of the land, the government must deposit the equivalent
of the land's zonal value. The government insisted, however, that what apply are the rules
of court which require an initial deposit only of the assessed value of the property. Which
should prevail on this matter, the law or the rules of court?
a. Both law and rules apply because just compensation should be fixed based on its
zonal or assessed value, whichever is higher.
b. Both law and rules apply because just compensation should be fixed based on its
zonal or assessed value, whichever is lower.
c. The law should prevail since the right to just compensation is a substantive right that
Congress has the power to define.
d. The rules of court should prevail since just compensation is a procedural matter
subject to the rule making power of the Supreme Court.
10. Which of the following is NOT CONSISTENT with the rules governing expropriation
proceedings?
a. (A) The court shall declare the defendant who fails to answer the complaint in default
and render judgment against him.
b. The court shall refer the case to the Board of Commissioners to determine the amount
of just compensation.
c. The plaintiff shall make the required deposit and forthwith take immediate possession
of the property sought to be expropriated.
d. The plaintiff may appropriate the property for public use after judgment and payment
of the compensation fixed in it, despite defendant’s appeal.
11. Anthony bought a piece of untitled agricultural land from Bert. Bert, in turn, acquired the
property by forging carlo's signature in a deed of sale over the property. Carlo had been
in possession of the property for 8 years, declared it for tax purposes, and religiously paid
all taxes due on the property. Anthony is not aware of the defect in Bert's title, but has
been in actual physical possession of the property from the time he bought it from Bert,
who had never been in possession of the property for one year.
a. Can Anthony acquire ownership of the property by acquisitive prescription? How
many more years does he have possess it to acquire ownership? (2%)
b. If Carlo is able to legally recover his property, can he require Anthony to account for
all the fruits he has harvested from the property while in possession? (2%)
c. If there are standing crops on the property when Carlo recovers possession, can Carlo
appropriate them? (2%)
12. What is Comprehensive Agrarian Reform Program?

13. What is the bases if CARP?
14. What is the essence of CARP?
15. How does the DAR help the farmers?
16. Is the DAR land distribution program uniformly implemented in the country?
17. How does the DAR conducts its information dissemintation drive to the public?
18. Who are the qualified Agrarian Reform Beneficiaries?
19. What are the requisites of a qualified ARB
20. How Does DAR identify an ARB?
21. What are the obligations of an ARB?
22. Are idle and abandoned lands covered under the CARP?
23. Filipinos working abroad left their farm lands. If they are not being tilled, what does the
DAR can do?
24. Are uplands which are being agriculturally developed exempted from CARP coverage?
25. Can an agricultural land be converted to a residential land?
26. What are some of the guidelines for converting agricultural lands into residential,
commercial and other non-agricultural uses?
27. What are private agricultural lands?
28. Are haciendas covered under CARP?
29. Are there various ways in distributing big landed estates to qualified farmers?
30. What are the benefits received by ARBs under the Stock Distribution Option?
31. What is the difference of SDO from production and profit sharing?
32. Are farmlands under Multinational Corporations covered by CARP?
33. What is the allowed retention limit under CARP?
34. Can a married couple avail of 5 hectares each?
35. Are schools and state universities covered by CARP?
36.

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1.

2. (True or False) A valid and definite offer to buy a property is a pre-requisite to

How would you decide the appeal? Explain your answer

Can the law be declared unconstitutional? Decide.

12. What is Comprehensive Agrarian Reform Program?

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