Lack of jus disponendi does NOT prejudice expropriation under agrarian reform

Archbishops claim that he does not have jus disponendi over the subject properties is unavailing. The very nature of the compulsory sale under PD 27 and RA 6657 defeats such a claim. Other less scrupulous parties may even attempt creating trusts to prevent their lands from coming under agrarian reform, and say that the trustee has no power to dispose of the properties. The disposition under PD 27 and RA 6657 is of a different character than what is contemplated by jus disponendi, wherein under these laws, voluntariness is not an issue, and the disposition is necessary for the laws to be effective. Under PD 27 and RA 6657, Archbishop cannot claim that the alleged conditions of the donations would have primacy over the application of the law. This forced sale is not even a violation of the conditions of the donation, since it is by application of law and beyond Archbishops control. The application of the law cannot and should not be defeated by the conditions laid down by the donors of the land. If such were allowed, it would be a simple matter for other landowners to place their lands without limit under the protection of religious organizations or create trusts by the mere act of donation, rendering agrarian reform but a pipe dream. (G.R. No. 139285; December 21, 2007)