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    Fortich V Corona

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    fafa_mhedz
    This case discusses two motions for reconsideration filed in response to a decision nullifying a "win-win" resolution issued by the Office of the President regarding a land dispute. The issue stems from the proposed development of 144 hectares of disputed land in Sumilao, Bukidnon by the province and municipality. The Sangguniang Bayan enacted an ordinance reclassifying the land from agricultural to industrial/institutional to promote economic development. The main issue is whether local government units need approval from the Department of Agrarian Reform to reclassify lands. The Supreme Court held that local governments have autonomy to convert agricultural lands without DAR approval based on provisions of the Local Government Code.

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    Fortich V Corona

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    fafa_mhedz
    202 views3 pages
    This case discusses two motions for reconsideration filed in response to a decision nullifying a "win-win" resolution issued by the Office of the President regarding a land dispute. The issue stems from the proposed development of 144 hectares of disputed land in Sumilao, Bukidnon by the province and municipality. The Sangguniang Bayan enacted an ordinance reclassifying the land from agricultural to industrial/institutional to promote economic development. The main issue is whether local government units need approval from the Department of Agrarian Reform to reclassify lands. The Supreme Court held that local governments have autonomy to convert agricultural lands without DAR approval based on provisions of the Local Government Code.

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    9. Fortich v Corona

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    This case discusses two motions for reconsideration filed in response to a decision nullifying a "win-win" resolution issued by the Office of the President regarding a land dispute. The issue stems from the proposed development of 144 hectares of disputed land in Sumilao, Bukidnon by the province and municipality. The Sangguniang Bayan enacted an ordinance reclassifying the land from agricultural to industrial/institutional to promote economic development. The main issue is whether local government units need approval from the Department of Agrarian Reform to reclassify lands. The Supreme Court held that local governments have autonomy to convert agricultural lands without DAR approval based on provisions of the Local Government Code.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    202 views3 pages

    Fortich V Corona

    Uploaded by

    fafa_mhedz
    This case discusses two motions for reconsideration filed in response to a decision nullifying a "win-win" resolution issued by the Office of the President regarding a land dispute. The issue stems from the proposed development of 144 hectares of disputed land in Sumilao, Bukidnon by the province and municipality. The Sangguniang Bayan enacted an ordinance reclassifying the land from agricultural to industrial/institutional to promote economic development. The main issue is whether local government units need approval from the Department of Agrarian Reform to reclassify lands. The Supreme Court held that local governments have autonomy to convert agricultural lands without DAR approval based on provisions of the Local Government Code.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    FORTICH vs.

    CORONA 298 SCRA 678

    Facts: This pertains to the two (2) separate motions for reconsiderationfiled by herein respondent and the applicants for intervention,seeking a reversal of our April 24, 1998 Decision nullfying theso-called "win-win" Resolution dated November 7, 1997, issued by theOffice of the President in O.P. Case No. 96-C6424, and denying theapplicants Motion For Leave To Intervene. The issue in this case stems from a proposed agroeconomicdevelopment of the disputed land which the province of Bukidnon andthe municipality of Sumilao, Bukidnon intend to undertake. Expressingfull support for the proposed project, the Sangguniang Bayan ofSumilao, Bukidnon on March 4, 1193 enacted Ordinance No. 24 convertingor reclassifying the subject 144-hectare land from agricultural toindustrial/institutional use. It was intended to provide anopportunity to attract investors, who can inject new economicvitality, provide more jobs and raise the income of its people.Bukidnon Provincial Board also supported the said project. Issue: Whether or not the power of the local government units toreclassify lands is subject to the approval of the Department

    ofAgrarian Reform (DAR) Held:Local Government Units need not obtain the approval of the DAR toconvert or reclassify lands from agricultural to nonagricultural use.It should be stressed that when the March 29, 1996 OP Decision wasdeclared final and executory, vested rights were acquired by theherein petitioners, namely, the province of Bukidnon, the municipalityof Sumilao, Bukidnon, and the NQSR Management and DevelopmentCorporations, and all others who should be benefited by the saiddecision. The issue here is not a question of technicality but that ofsubstance and merit. Whether the Sangguniang Bayan of Sumilao has thelegal authority to reclassify the land into industrial/institutionaluse, the March 29, 1996 OP Decision has thoroughly and properly disposed the issue. Converting the land in question from agriculturalto agro-industrial would open great opportunities for employment andbring about real development in the area towards a sustained economicgrowth of the municipality. Procedural lapses in the manner of identifying/reclassifying thesubject property for agro-industrial purposes cannot be allowed todefeat the very purpose of the law granting autonomy to localgovernment units in the management of their local affairs. Stated moresimply, the language of Section 20 of R.A. No. 7160 is clear andaffords no room for any other interpretation. By unequivocal legalmandate, it grants local governments units autonomy in their localaffairs including the power to convert

    portions of their agriculturallands and provide for the manner of their utilization and dispositionto enable them to attain their fullest development as self-reliantcommunities.

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