This case has been cited 4 times or more.
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2013-02-13 |
PERALTA, J. |
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| On September 30, 2010, the CA issued a Resolution[21] denying the motion. The CA held that the issue of the validity of the writ of execution was already resolved by the Supreme Court with finality in G.R. No. 157206. That was precisely the reason why it stated in the decision that "should the SAC find upon recomputation that the just compensation previously rendered is bigger than the recomputed value, the petitioners-appellees are ordered to return the excess, considering that payment may already have been given by the LBP in pursuant to the finality of the motion for execution pending appeal."[22] | |||||
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2013-02-13 |
PERALTA, J. |
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| Respondents spouses Placido and Clara Orilla (respondents) were the owners of a parcel of land situated in Bohol, identified as Lot No. 1, 11-12706, containing an area of 23.3416 hectares and covered by Transfer Certificate of Title No. 18401. In the latter part of November 1996, the Department of Agrarian Reform Provincial Agrarian Reform Office (DAR-PARO) of Bohol sent respondents a Notice of Land Valuation and Acquisition dated November 15, 1996 informing them of the compulsory acquisition of 21.1289 hectares of their landholdings pursuant to the Comprehensive Agrarian Reform Law (Republic Act [RA] 6657) for P371,154.99 as compensation based on the valuation made by petitioner Land Bank of the Philippines (LBP).[4] | |||||
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2010-05-06 |
PEREZ, J. |
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| However, as embodied in its Prefatory Statement, the intent of the Administrative Order was precisely to address a situation "where a number of landholdings remain unpaid in view of the non-acceptance by the landowners of the compensation due to low valuation. Had the landowner been paid from the time of taking his land and the money deposited in a bank, the money would have earned the same interest rate compounded annually as authorized under banking laws, rules and regulations."[21] The concept of just compensation embraces not only the correct determination of the amount to be paid to the owners of the land, but also payment within a reasonable time from its taking. Without prompt payment, compensation cannot be considered "just" inasmuch as the property owner is made to suffer the consequences of being immediately deprived of his land while being made to wait for a decade or more before actually receiving the amount necessary to cope with his loss.[22] To condition the payment upon LBP's approval and its release upon compliance with some documentary requirements would render nugatory the very essence of "prompt payment." Therefore, to expedite the payment of just compensation, it is logical to conclude that the 6% interest rate be imposed from the time of taking up to the time of full payment of just compensation. | |||||
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2009-03-13 |
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| In Land Bank of the Philippines v. Spouses Placido Orilla and Clara Dy Orilla,[34] we had the occasion to explain the matter of just compensation:Constitutionally, "just compensation" is the sum equivalent to the market value of the property, broadly described as the price fixed by the seller in open market in the usual and ordinary course of legal action and competition, or the fair value of the property as between the one who receives and the one who desires to sell, it being fixed at the time of the actual taking by the government. Just compensation is defined as the full and fair equivalent of the property taken from its owner by the expropriator. It has been repeatedly stressed by this Court that the true measure is not the taker's gain but the owner's loss. The word "just" is used to modify the meaning of the word "compensation" to convey the idea that the equivalent to be given for the property to be taken shall be real, substantial, full, and ample. | |||||