This case has been cited 3 times or more.
|
2011-12-14 |
BERSAMIN, J. |
||||
| To start with, Land Bank could not simply shirk from or evade discharging its obligations under the CARP because the law mandated Land Bank with a positive duty.[107] The performance of its ministerial duty to fully pay a landowner the just compensation could subject its officials responsible for the non-performance to punishment for contempt of court. | |||||
|
2004-11-19 |
CHICO-NAZARIO, J. |
||||
| The aforecited rule is not merely directory, as the payment of the docket and other legal fees within the prescribed period is both mandatory and jurisdictional.[32] It bears stressing that an appeal is not a right, but a mere statutory privilege.[33] | |||||
|
2003-08-29 |
CALLEJO, SR., J. |
||||
| It must be stressed, however, that it was not enough for the respondent as plaintiff in the MTC to make a claim for reasonable compensation for its property. The respondent, as plaintiff therein, had the burden to prove its claim by a preponderance of evidence, which means evidence of greater weight or more convincing than that which is offered in opposition to it.[50] Fair rental value is recoverable in the concept of actual damages. Hence, the plaintiff must offer proof of such claim. Section 17, Rule 70 of the 1997 Rules of Civil Procedure, as amended, is clear - the trial court is empowered to award reasonable compensation only if the claim is true. In Badillo v. Tayag,[51] we held that a court may fix the reasonable amount of rent, but must still base its action on the evidence adduced by the parties. | |||||