This case has been cited 3 times or more.
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2009-08-14 |
CARPIO, J. |
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| However, we agree with the appellate court that the trial court's decision is not clear as to its basis for ascertaining just compensation. The trial court mentioned in its decision the valuations in the reports of the City Appraisal Committee and of the commissioners appointed pursuant to Rule 67. But whether the trial court considered these valuations in arriving at the just compensation, or the court made its own independent valuation based on the records, was obscure in the decision. The trial court simply gave the total amount of just compensation due to the property owner without laying down its basis. Thus, there is no way to determine whether the adjudged just compensation is based on competent evidence. For this reason alone, a remand of the case to the trial court for proper determination of just compensation is in order. In National Power Corporation v. Bongbong,[33] we held that although the determination of just compensation lies within the trial court's discretion, it should not be done arbitrarily or capriciously. The decision of the trial court must be based on all established rules, correct legal principles, and competent evidence.[34] The court is proscribed from basing its judgment on speculations and surmises.[35] | |||||
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2007-04-03 |
CALLEJO, SR., J. |
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| In the present case, the trial court determined just compensation without considering the differences in the nature and character or condition of the property compared to the other properties in the province which petitioner had purchased. It simply relied on the fact that petitioner paid P300.00 per sq m to the other landowners whose lands had been taken as a result of the construction of transmission lines. But a perusal of the Deeds of Sale shows that the properties covered by the transmission lines are located in the municipalities of Kananga, Leyte or Tabango, Leyte, while the subject property is located in Villaba, Leyte; the Deeds of Sale describe the properties as industrial, residential/commercial, while the tax declaration of the subject property describes it as "agricultural." Petitioner consistently pointed out these differences and the trial court should not have ignored them. It must be stressed that although the determination of the amount of just compensation is within the court's discretion, it should not be done arbitrarily or capriciously. It must be based on all established rules, upon correct legal principles and competent evidence.[46] | |||||
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2006-09-27 |
PANGANIBAN, CJ |
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| In expropriation proceedings in general, the market value is the just compensation to which the owner of a condemned property is entitled. More precisely, market value is "that sum of money which a person desirous but not compelled to buy, and an owner willing but not compelled to sell, would agree on as a price to be given and received therefor."[35] | |||||