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ERNESTINA L. CRISOLOGO-JOSE v. LAND BANK OF PHILIPPINES

This case has been cited 1 times or more.

2009-03-13
LBP invokes our ruling in Crisologo-Jose v. Land Bank of the Philippines,[39] where claim folders were not forwarded to LBP, and we dismissed the petition of the landowner. However, we note that Crisologo-Jose and this case do not share the same factual milieu. In Crisologo-Jose, the properties were not actually acquired by the government, as the landowner failed to prove the fact of actual or symbolic compulsory taking by competent evidence, through such proof as the required Notice of Valuation which usually follows the Notice of Coverage, the letter of invitation to a preliminary conference and the Notice of Acquisition that DAR sends, pursuant to DAR administrative issuances, to the landowner affected. In this case, EPs were already issued in favor of the FBs. Moreover, it cannot be denied that respondent was actually deprived of rentals due him since 1994 as the FBs said that the subject property would be acquired by LBP.