This case has been cited 3 times or more.
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2015-02-04 |
PERLAS-BERNABE, J. |
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| Dissatisfied with the PARAD's valuation, the LBP filed a petition[20] for determination of just compensation before the Regional Trial Court of Legazpi City, Branch 3 (RTC), docketed as Agrarian Case No. 04-02, averring that the PARAD's valuation was excessively high and is contrary to the legally prescribed factors in determining just compensation.[21] | |||||
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2015-02-04 |
PERLAS-BERNABE, J. |
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| Similarly, the Court has gone over the LBP's findings and computation, as contained in the Claims and Valuation and Processing Form,[71] and is likewise unable to adopt the same since it was partly based on the field investigation report[72] which admittedly did not consider (a) the economic and social benefits of the subject lands,[73] and (b) the current value of like properties within the vicinity.[74] To reiterate, the factors enumerated under Section 17 of RA 6657 must be considered in computing just compensation. Accordingly, the Court finds a need to remand Agrarian Case No. 04-02 to the RTC for the determination of just compensation in accordance with these factors. Relative thereto, the RTC is further directed to observe the following guidelines in the remand of the case: 1. Just compensation must be valued at the time of taking, or the "time when the landowner was deprived of the use and benefit of his property,[75] in this case, upon the issuance of OCT Nos. C-27721 and 27722 in the names of the agrarian reform beneficiaries on November 29, 2001.[76] Hence, the evidence to be presented by the parties before the trial court for the valuation of the subject lands must be based on the values prevalent on such time of taking for like agricultural lands.[77] | |||||