PLJ volume 37 number 1 -01- Deogracias Eufemio

3. Under Rep. Act No. 1400 136
Sec. 2 of Rep. Act No. 1400 provides:
"Deolaration of policy.-It is the declared policyof the State to create
and maintain an agrarian system which is peaceful, prosperous and stable,
and to this end the Government shall establish and distribute as many
family-sized f,arms to as many landless citizens as possible through the
opening up of public agricultural lands and the division and distribution
of private agricultur.al lands where agrarian conflicts exist, either by
private arrangement with the owners or through expropriation proceedings."
In pursuance of the policy enunciated in this Act, the Land
Tenure Administration is authorized to:
"initiate and prosecute expropriation proceedings for the acquisition
of private agricultural lands in proper cases, for the same purposes of
resale at cost: Provided, Tha,t the power herein granted shall apply only
to pri~...e agricultural Lands as to the area in excess of three hundred
hectMesof contiguous area if lorwn.edby natural pers.ons a.nd as to the
area in excess of six hundred hectares if owned by corporation: Provided,
further, That land where justified ,agrarian unrest exists may be expropriated
regardless of its area;" 137
Sec. 6 (2) of Rep. Act No. 1400 as above quoted does not expressly
state who is entitled to choose the "three hundred hectares
of contiguous area" which is ordinarily exempt from expropriation,
where no justified agTarian unrest exists. Does the choice fall on
the landowner or on the Land Tenure Administration'l
In L.T.A. v. Ascue, et ai.,m the Supreme Court held that "whenever
a law is silent, as Section 6 (2) of Rep. Act No. 1400 is, it is
to be assumed that, if the parties concern~d cannot agree thereon,
the issue between them shall be settled by the courts of justice. This
is particularly true in connection with the condemnation proceedings
authorized by Rep. Act No. 1400, for the Rules of Court prescribe
the procooure in cases of eminent domain, and we must presume
that this is the procedure contemplated by the framers of the law,
there being thereon nothing to indicate the contrary. I'n other words,
the one seeking to exercise the right of eminent domain (L.T.A.)
shall initially determine what property or portion thereof it wishes
to be expropriated. The owner of the property may, in turn, object
thereto for valid reasons, including the right to exclude an area of
ROO hectares. in cases falling under Rep. Act No. 1400. Once the
issues have been joined, the court shaH settle the same in accordance
,.. Approved, Sept. 9. 1955.
In Sec. 6 (2).• Rep. Act No. Hor
n. G.R. No. L-14969. April 29. 1961 (for declaratory relief as to the correct interpretation of
ceo 6[21. Rep. Act No. 1400).