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LAND BANK OF PHILIPPINES v. LUZ LIM

This case has been cited 15 times or more.

2014-01-15
BRION, J.
We stressed the RTC-SAC's duty to apply the DAR formula in determining just compensation in Landbank of the Philippines v. Celada[31]  and reiterated this same ruling in Land Bank of the Philippines v. Lim,[32] Land Bank of the Philippines v. Luciano,[33] and Land Bank of the Philippines v. Colarina,[34] to name a few.
2012-11-12
BRION, J.
The mandatory application of the aforementioned guidelines in determining just compensation has been reiterated recently in Land Bank of the Philippines v. Lim,[53] Land Bank of the Philippines v. Heirs of Eleuterio Cruz,[54] and Land Bank of the Philippines v. Honeycomb Farms  Corporation,[55] where we also ordered the remand of the cases to the SAC for the determination of just compensation, strictly in accordance with the applicable DAR regulations.[56]
2012-03-21
SERENO, J.
The mandatory application of the aforementioned guidelines in determining just compensation was reiterated in Land Bank of the Philippines v. Lim[63] and Land Bank of the Philippines v. Heirs of Eleuterio Cruz,[64] wherein we also ordered the remand of the cases to the SAC for the determination of just compensation strictly in accordance with the applicable DAR regulations.
2012-02-29
BRION, J.
We reiterated the mandatory application of the formula in the applicable DAR administrative regulations in Land Bank of the Philippines v. Lim,[24] Land Bank of the Philippines v. Heirs of Eleuterio Cruz,[25] and Land Bank of the Philippines v. Barrido.[26] In Barrido, we were explicit in stating that: While the determination of just compensation is essentially a judicial function vested in the RTC acting as a Special Agrarian Court, the judge cannot abuse his discretion by not taking into full consideration the factors specifically identified by law and implementing rules. Special Agrarian Courts are not at liberty to disregard the formula laid down in DAR A.O. No. 5, series of 1998, because unless an administrative order is declared invalid, courts have no option but to apply it. The courts cannot ignore, without violating the agrarian law, the formula provided by the DAR for the determination of just compensation.[27]  (emphases ours)
2010-10-11
VILLARAMA, JR., J.
Likewise, in Land Bank of the Philippines v. Lim[25] and Land Bank of the Philippines v. Heirs of Eleuterio Cruz,[26] the Court, reiterating the mandatory application of the aforementioned guidelines in determining just compensation, also ordered the remand of the cases to the SAC for the determination of just compensation strictly in accordance with the applicable DAR regulation.[27]
2010-04-30
CARPIO, J.
The mandatory application of the aforementioned guidelines in determining just compensation has been reiterated recently in Land Bank of the Philippines v. Lim[73] and Land Bank of the Philippines v. Heirs of Eleuterio Cruz,[74] where we also ordered the remand of the cases to the SAC for the determination of just compensation strictly in accordance with the applicable DAR regulations.
2009-12-04
CHICO-NAZARIO, J.
In the said Decision, we reversed the Court of Appeals' ruling on the amount of just compensation to be paid KPCI, pursuant to the compulsory acquisition of its 457-hectare landholding located in Basiawan, Santa Maria, Davao del Sur. We based our decision on the fact that the appellate court, as well as the Regional Trial Court (RTC), failed to consider the factors mentioned in Section 17 of Republic Act No. 6657, and to apply the formula stated in Department of Agrarian Reform Administrative Order (DAO) No. 6, Series of 1992, as amended by DAO No. 11, Series of 1994. In accordance with our rulings in Land Bank of the Philippines v. Banal[4] and Land Bank of the Philippines v. Lim,[5] we held that the factors laid down in Section 17 of Republic Act No. 6657 and the formula stated in DAO No. 6, Series of 1992, as amended, must be adhered to by courts in fixing the valuation of lands subject to acquisition under agrarian reform laws. These factors and formula are mandatory and not mere guides that the courts may disregard. Considering that the Land Bank of the Philippines (LBP) applied the factors and formula prescribed by law for the determination of just compensation, we rejected the RTC's valuation of KPCI's land at P100,000.00 per hectare, and approved the valuation made by LBP in the amount of P41,792.94 per hectare.
2009-11-25
PERALTA, J.
The mandatory application of the above-mentioned guidelines in determining just compensation was reiterated in Land Bank of the Philippines v. Lim,[22] wherein we ordered the remand of the case to the RTC for the determination of just compensation strictly in accordance with DAR AO 6-92, as amended.[23]
2009-10-02
CARPIO MORALES, J.
While the determination of just compensation is essentially a judicial function which is vested in the RTC acting as a Special Agrarian Court, the Court, in LBP v. Banal,[20] LBP v. Celada,[21] and LBP v. Lim,[22] nonetheless disregarded the RTC's determination thereof when, as in the present case, the judge did not fully consider the factors specifically identified by law and implementing rules.
2009-06-25
CHICO-NAZARIO, J.
While the determination of just compensation is essentially a judicial function which is vested in the RTC acting as Special Agrarian Court, we, nonetheless, disregarded the determination of just compensation made by the RTC in Land Bank of the Philippines v. Banal,[40] Land Bank of the Philippines v. Celada,[41] and in Land Bank of the Philippines v. Lim,[42] when, as in this case, the judge gravely abused his discretion by not taking into full consideration the factors specifically identified by law and implementing rules.
2009-05-08
TINGA, J.
The mandatory application of the aforementioned guidelines in determining just compensation has been reiterated recently in Land Bank of the Philippines v. Lim[25] and Land Bank of the Philippines v. Heirs of Cruz,[26] where the Court also ordered the remand of the cases to the SAC for the determination of just compensation strictly in accordance with the applicable DAR regulation.
2009-03-13
CHICO-NAZARIO, J.
While the determination of just compensation is essentially a judicial function which is vested in the RTC acting as Special Agrarian Court,[12] nevertheless, this Court disregarded the determination of just compensation made by the RTC in Land Bank of the Philippines v. Spouses Banal,[13] Land Bank of the Philippines v. Celada,[14] and in Land Bank of the Philippines v. Lim,[15] when, as in this case, the judge gravely abused his discretion by not taking into full consideration the factors enumerated in the agrarian law and further detailed by the DAR administrative order implementing the same.
2009-01-20
TINGA, J.
The mandatory application of the aforementioned guidelines in determining just compensation has been reiterated recently in Land Bank of the Philippines v. Lim,[39] where the Court ordered the remand of the case to the SAC for the determination of just compensation strictly in accordance with DAR A.O. No. 6, series of 1992, as amended.
2008-09-29
TINGA, J.
The mandatory application of the aforementioned guidelines in determining just compensation has been reiterated recently in Land Bank of the Philippines v. Lim,[32] where the Court also ordered the remand of the case to the SAC for the determination of just compensation strictly in accordance with DAR A.O. No. 6, series of 1992, as amended.
2008-04-30
CHICO-NAZARIO, J.
As to LBP's Omnibus Motion for Reconsideration of the Resolution dated 19 December 2007 denying its Motion for the referral of the case to the Supreme Court en banc, LBP argues that the reversal of the Supreme Court's rulings in Land Bank of the Philippines v. Sps. Banal,[11] Land Bank of the Philippines v. Celada[12] and Land Bank of the Philippines v. Lim,[13] constitute a clear and significant constitutional issue that should be passed upon by this Court sitting en banc pursuant to Article VIII, Section 4(2) of the 1987 Constitution mandating that "no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc." The argument of LBP is without basis.