J.A.B. Bulao & Associates

CASE 2014-0047: LAND BANK OF THE PHILIPPINES, PETITIONER, – VERSUS – VICTORINO T. PERALTA, (G.R. NO. 182704 , 23 APRIL 2014, VILLAMARA, J.) SUBJECT: HOW TO COMPUTE JUST COMPENSATION IN AGRARIAN CASES (BRIEF TITLE: LAND BANK VS PERALTA)

DISPOSITIVE:

“WHEREFORE, the Decision dated July 5, 2007 and Resolution dated April 24, 2008 of the Court of Appeals Mindanao Station in CA-G.R. SP No. 00161 are hereby SET ASIDE. The case is hereby REMANDED to the Special Agrarian Court, Branch 9, of the Regional Trial Court of Malaybalay City, Bukidnon, for further reception of evidence to determine just compensation strictly in accordance with Section 17 of R.A. No. 6657, DAR AO No. 05, series of 1998 and applicable DAR regulations.

No pronouncement as to costs.

SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

WHO HAS PRIMARY AND EXCLUSIVE JURISDICTION OVER CASES INVOLVING THE VALUATION OF LAND, PRELIMINARY DETERMINATION AND PAYMENT OF JUST COMPENSATION, FIXING AND COLLECTION OF LEASE RENTALS, DISTURBANCE COMPENSATION, AMORTIZATION PAYMENTS, AND SIMILAR DISPUTES CONCERNING THE FUNCTIONS OF THE LBP?

IT IS THE DARAB (DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD).

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TO WHOM IS THE DARAB DECISION APPEALABLE?

IT IS APPEALABLE TO REGIONAL TRIAL COURTS DESIGNATED AS SPECIAL AGRARIAN COURTS (SAC) WITHIN FIFTEEN (15) DAYS FROM RECEIPT OF THE NOTICE THEREOF.  

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IT SEEMS THAT APPEAL TO THE SAC WAS MADE LATE (55 DAYS FROM DATE OF THE DARAB DECISION. THE DATE OF RECEIPT OF DARAB DECISION WAS NOT STATED.) WAS THE APPEAL TO SAC STILL VALID?

YES.

THE DETERMINATION OF THE AMOUNT OF JUST COMPENSATION BY THE DARAB IS MERELY A PRELIMINARY ADMINISTRATIVE DETERMINATION WHICH IS SUBJECT TO CHALLENGE BEFORE THE SACS WHICH HAVE ORIGINAL AND EXCLUSIVE JURISDICTION OVER ALL PETITIONS FOR THE DETERMINATION OF JUST COMPENSATION UNDER SECTION 57, R.A. NO. 6657.

SINCE SAC STATUTORILY EXERCISES ORIGINAL AND EXCUSIVE JURISDICTION OVER ALL PETITIONERS FOR THE THE DETERMINATION OF JUST COMPENSATION TO LANDOWNERS, IT CANNOT BE SAID THAT THE DECISION OF THE ADJUDICATOR, IF NOT APPEALED TO THE SAC, WOULD BE DEEMED FINAL AND EXECUTORY, UNDER ALL CIRCUMSTANCES.

IN CERTAIN CASES, THE COURT HAS ADOPTED A POLICY OF LIBERALLY ALLOWING PETITIONS FOR DETERMINATION OF JUST COMPENSATION EVEN THOUGH THE PROCEDURE UNDER DARAB RULES HAVE NOT BEEN STRICTLY FOLLOWED, WHENEVER CIRCUMSTANCES SO WARRANT.

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THE LAND WAS ACQUIRED UNDER PD 27. WHEN RESPONDENT FILED HIS PETITION WITH SAC, RA 6657 ALREADY TOOK EFFECT (ON JUNE 15, 1988). WHICH WILL NOW BE APPLIED IN DETERMINING JUST COMPENSATION? PD 27 OR RA 6657?

R.A. 6657

THE COURT HAS, IN SEVERAL CASES, FOR REASON OF EQUITY, APPLIED R.A. NO. 6657 IN DETERMINING JUST COMPENSATION FOR LANDS ACQUIRED UNDER P.D. NO. 27 AND BEFORE THE EFFECTIVITY OF R.A. NO. 6657.

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WHAT ARE THE FACTORS TO BE CONSIDERED IN DETERMINING JUST COMPENSATION TO THE LANDOWNER?

THE COST OF ACQUISITION OF THE LAND; THE CURRENT VALUE OF LIKE PROPERTIES, ITS NATURE, ACTUAL USE AND INCOME, THE SWORN VALUATION BY THE OWNER, THE TAX DECLARATIONS, AND THE ASSESSMENT MADE BY GOVERNMENT ASSESSORS SHALL BE CONSIDERED.

THE SOCIAL AND ECONOMIC BENEFITS CONTRIBUTED BY THE FARMERS AND THE FARMWORKERS AND BY THE GOVERNMENT TO THE PROPERTY AS WELL AS THE NON-PAYMENT OF TAXES OR LOANS SECURED FROM ANY GOVERNMENT FINANCING INSTITUTION ON THE SAID LAND SHALL BE CONSIDERED AS ADDITIONAL FACTORS TO DETERMINE ITS VALUATION.

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WHERE THESE FACTORS CONSIDERED IN THIS INSTANT CASE?

NO.

THE SAC BASED ITS DETERMINATION OF JUST COMPENSATION SOLELY ON THE OPINION OF THE MUNICIPAL ASSESSOR AS TO THE CURRENT MARKET VALUE OF RESPONDENT’S LAND WHICH WAS NOT SUPPORTED BY ANY DOCUMENTARY EVIDENCE.

HENCE THE CASE HAS TO BE REMANDED TO THE LOWER COURT FOR RECEPTION OF ADDITIONAL EVIDENCE.

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 SCD-2014-0047-MAY 2014-PERALTA

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CASE 2014-0046: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, -VERSUS- DANILO FELICIANO, JR., JULIUS VICTOR MEDALLA, CHRISTOPHER SO LIVA, WARREN L. ZINGAPAN, AND ABAD, AND ROBERT MICHAEL BELTRAN (G.R. NO. 196735, 05 MAY 2014, LEONEN, J.) (BRIEF TITLE: PEOPLE VS. FELICIANO)

DISPOSITIVE:

“WHEREFORE, the decision of the Court of Appeals in CA-G.R. CR J\10. 01158 dated November 26, 2010 is AFFIRMED insofar as the accused- appellants Danilo Feliciano, Jr., Julius Victor Medalla, Christopher Soliva, Warren L. Zingapan, and Robert Michael Beltran Alvir are found GUILTY beyond reasonable doubt of Murder in Criminal Case No. Q95-61133 with the MODIFICATION that they be found GUILTY beyond reasonable doubt of Attempted Murder in Criminal Case Nos. Q95-61136, Q95-61135, Q95-61134, Q95-61138, and Q95-61137.

SO ORDERED.”

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 SCD-2014-0046-MAY 2014-FELICIANO

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CASE 2014-0045: CARLO F. SUNGA, PETITIONER, – VERSUS – VIRJEN SHIPPING CORPORATION, NISSHO ODYSSEY SHIP MANAGEMENT PTE. LTD., AND/OR CAPT. ANGEL ZAMBRANO, RESPONDENTS. (G.R. NO. 198640, 23 APRIL 2014, BRION J.) (BRIEF TITLE: SUNGA VS. VIRJEN SHIPPING)

DISPOSITIVE:

“WHEREFORE, we hereby GRANT the petition. The Court of Appeals’ Decision dated February 25, 2007 in CA-G.R. SP No. 113661, and its Resolution dated September 14, 2011 are SET ASIDE. Accordingly, the December 21, 2009 Decision of the National Labor Relations Commission is hereby REINSTATED.

SO ORDERED.”

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SCD-2014-0045-APR 2014-SUNGA            

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