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Philippine Supreme Court Jurisprudence > Year 2017 > July 2017 Decisions > G.R. No. 196412, July 19, 2017
LAND BANK OF THE PHILIPPINES, Petitioner, v. MIGUEL OMENGAN, Respondent.:
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G.R. No. 196412, July 19, 2017 LAND BANK OF THE PHILIPPINES, Petitioner, v. MIGUEL OMENGAN,
Respondent.
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THIRD DIVISION
G.R. No. 196412, July 19, 2017
LAND BANK OF THE PHILIPPINES, Petitioner, v. MIGUEL OMENGAN, Respondent.
D E C I S I O N
TIJAM, J.:
Petitioner Land Bank of the Philippines1 (LBP) challenges through this Petition for Review2 under Rule
45 the Decision3 dated January 6, 2011 and Resolution4 dated April 7, 2011 of the Court of Appeals
(CA) in CAG.R. SP No. 110387, which affirmed with modification the Decision5 dated January 6, 2009
of the Regional Trial Court (RTC) of Bulanao, Tabuk City, Kalinga, Branch 25, sitting as Special
Agrarian Court (RTCSAC).
In its assailed decision and resolution, the CA upheld the RTCSAC's valuation of just compensation
but reduced the interest thereon from twelve percent (12%) to six percent (6%) per annum.
The Facts and Antecedent Proceedings
Respondent Miguel Omengan was the registered owner of a parcel of land located at Ileb, Nambaran,
Tabuk City, Kalinga with an area of 10.001 hectares and covered by Transfer Certificate of Title (TCT)
No. T10172.6
DebtKollect Company, Inc.
On March 20, 2000, respondent received a notice of coverage from the Department of Agrarian
Reform (DAR) placing the subject property under the Comprehensive Agrarian Reform Program
(CARP).7 Field investigation was then conducted and the property was initially valued by petitioner at
Php 219,524.98, computed as follows: c h a n Ro b le s v ir t u a lL a wlib r a r y
For Unirrigated Riceland
Area = 6.001 has.
CNI = P36,020.83/ha.
MV = P22,086.63/ha.
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ULV/ha. = (CNI X .90) + (MV X .10)
= (P36,020.83 X .90) + (P22,076.63 X .10)
= P32,418.74 + P2,208.66
= P34,627.40
LV = ULV/ha x area
= P34,627.40 x 6.0001 has.
= P207,767.86
For Idle Land
Area = 4.000 has.
MV = P1,469.64/ha.
ULV/ha. = MV x 2
= P1,469.64 X 2
= P2,969.28
ChanRobles Intellectual Property
LV = ULV/ha. x area
Division = P2,939.28 x 4.000 has.
= P11,757.12
Total: P207,767.86
11,757.12
P219,524.988
The Claim Folder and Processing Form were prepared and on October 18, 2000, payment for the
property was approved and DAR accordingly made an offer to respondent.9
Respondent rejected the offer. DAR requested petitioner to deposit in the respondent's name the
amount of the initial valuation. Thus, on December 12, 2000, petitioner deposited the sum of Php
219,524.98 in cash and agrarian reform bonds.10
On March 10, 2005, DAR, through its Provincial Agrarian Reform Officer (PARO), requested the Office
of Provincial Agrarian Reform Adjudicator (PARAD) for Kalinga for preliminary determination of just
compensation.11
In a Decision12 dated July 14, 2005, the PARAD noted that since the property was taken in 2000, the
unit market value (UMV) for the year 2000 which is Php 18,940/ha as certified by the Municipal
Assessor of Tabuk, Kalinga should have been applied instead of the 1994 Schedule of Base UMV of
Php 15,780/ha used by petitioner.13 The PARAD further noted that the selling price of palay per kilo in
2000 as certified by the National Food Authority (NFA) in the amount of Php 10 should have been used
in the computation of the Capitalized Net Income (CNI) and not petitioner's baseless valuation of Php
6.50/k.14 Finally, the PARAD sustained petitioner's valuation of the idle portion of four has, the same
not having been contested by respondent.15
In disposal, the PARAD held:
c h a n Ro b le s v ir t u a lL a wlib r a r y
WHEREFORE, premises considered, the valuation of the subject property by the LBP is
hereby MODIFIED. Subject landholding's valuation should be increased to Php326,918.20
plus legal interests.
SO ORDERED.16
However, on motion for reconsideration (MR), the PARAD in a Resolution17 dated September 12, 2005
reversed the Decision dated July 14, 2005 and instead adopted petitioner's valuation of Php
July2017 Jurisprudence 264,458.74.
G.R. No. 170341, July 05, 2017 MANILA BULLETIN This prompted petitioner to file on August 12, 2005 a petition for judicial determination of just
PUBLISHING CORPORATION AND RUTHER BATUIGAS, compensation before the RTCSAC.18
Petitioners, v. VICTOR A. DOMINGO AND THE PEOPLE
OF THE PHILIPPINES, Respondents.
The Ruling of the RTCSAC
G.R. No. 211170, July 03, 2017 SPOUSES
MAXIMO ESPINOZA AND WINIFREDA DE VERA, The RTCSAC pegged the average harvest per ha of the subject property at 90 cavans considering
Petitioners, v. SPOUSES ANTONIO MAYANDOC AND respondent's testimony that he is harvesting more or less 80 to 100 cavans per ha.19 The RTCSAC
ERLINDA CAYABYAB MAYANDOC, Respondents. then used the selling price of Php 9.50 perk based on the NFA's certification that the price per k of
palay during dry season is Php 10, while the price is Php 9 during wet season.20 Hence, for the six has
G.R. No. 224395, July 03, 2017 DISCIPLINARY of unirrigated riceland, the RTC SAC arrived at the amount of Php 256,500 as CNI. The market value
BOARD, LAND TRANSPORTATION OFFICE; ATTY. (MV) on the other hand was based on the BIR zonal valuation for unirrigated riceland for the years
TEOFILO E. GUADIZ, CHAIRMAN; ATTY. NOREEN
BERNADETTE SAN LUISLUTEY; AND PUTIWAS 1999 to 2000 which was Php 6 per square meter to arrive at an MV of Php 360,000.21
MALAMBUT, MEMBERS; ATTY. MERCY JANE B. PARAS
LEYNES, SPECIAL PROSECUTOR; AND ATTY. ROBERTO For the remaining four has of idle land which was planted with fiuit bearing trees, bananas, cassava
P. CABRERA III, ASSISTANT SECRETARY OF THE LAND and camote, the RTCSAC valued its harvest per ha at Php 10,000. Thus, for the four has of idle land,
TRANSPORTATION OFFICE, Petitioners, v. MERCEDITA the CNI is Php 40,000.22 The MV was likewise based on the BIR zonal valuation of cogon land for the
E. GUTIERREZ, Respondent. years 1999 to 2000 which was Php 1 per sq m or a total of Php 40,000.23
G.R. No. 213424, July 11, 2017 LAND BANK OF
THE PHILIPPINES, Petitioner, v. COMMISSION ON
In computing the amount of just compensation, the RTCSAC referred to the following formula:
AUDIT (COA), JANET D. NACION, ANTONIO L.
CASTILLO, LEAH S. DAGUIO, VIRGINIA G. DATUKON, LV= (CNI X 0.9) + (MV X 0.1)
ELSA H. RAMOSMAPILI, CECILIA C. RACIMO,
FLORENTINA N. SAGABAEN, IRENE P. SALVANERA, and computed the land valuation of the six has and the four has as follows: c h a n Ro b le s v ir t u a lL a wlib r a r y
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A.M. No. SB1724P [Formerly A.M. No. 141207 In disposal, the RTCSAC held: c h a n Ro b le s v ir t u a lL a wlib r a r y
SB], July 11, 2017 SECURITY AND SHERIFF
DIVISION, SANDIGANBAYAN, Complainant, v. RONALD IN THE LIGHT OF THE FOREGOING PREMISES, the just compensation of the 10.001
ALLAN GOLE R. CRUZ, SECURITY GUARD I, SECURITY hectares of agricultural land situated at Nambaran, Tabuk, Kalinga and embraced under
AND SHERIFF DIVISION, Respondent. Transfer Certificate of Title No. T10172 issued in the registered name of Miguel
Omengan is P706,850.00 plus legal interest of 12% from the date of compensable taking
G.R. No. 220057, July 12, 2017 RENE MICHAEL
until full payment is made.
FRENCH, Petitioner, v. COURT OF APPEALS,
EIGHTEENTH DIVISION, CEBU CITY AND MAGDALENA
O'DELL, REPRESENTED BY HECTOR P. TEODOSIO AS SO ORDERED.25
HER ATTORNEYINFACT, Respondents.
Petitioner's MR 26 was similarly denied by the RTCSAC in its Resolution27 dated July 31, 2009.
G.R. No. 227894, July 05, 2017 JOSE S. OCAMPO, Undaunted, petitioner elevated the case to the CA arguing that the RTCSAC failed to comply with the
Petitioner, v. RICARDO S. OCAMPO, SR., Respondent. mandatory formula prescribed under Section 17 of Republic Act (R.A.) No. 665728 and DAR
G.R. No. 212641, July 05, 2017 ANGELICA A.
Administrative Order (A.O.) No. 5,29 Series of 1998.30 Petitioner also disputed the imposition of 12%
FAJARDO, Petitioner, v. MARIO J. CORRAL, interest in the absence of delay.31
Respondent.
The Ruling of the CA
G.R. No. 223513, July 05, 2017 PEOPLE OF THE
PHILIPPINES, PlaintiffAppellee, v. ALEX AMAR Y The CA adopted the RTCSAC's award of just compensation.32 The CA held that the formula prescribed
MONTANO, AccusedAppellant.
in DAR A.O. No. 633 is mandatory and found that the RTCSAC utilized "each and every"34 factor
G.R. No. 223862, July 10, 2017 HON. MYLYN P. prescribed in said formula in arriving at the just compensation. Nevertheless, the CA modified the
CAYABYAB, IN HER CAPACITY AS THE MUNICIPAL interest rate from twelve percent (12%) to six percent (6%) per annum in accordance with DAR A.O.
MAYOR OF LUBAO, PAMPANGA, AND ANGELITO L. No. 13, Series of 1994.35
DAVID, IN HIS CAPACITY AS THE BARANGAY
CHAIRMAN OF PRADO SIONGCO, LUBAO, PAMPANGA, Accordingly, the CA disposed:
c h a n Ro b le s v ir t u a lL a wlib r a r y
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G.R. No. 215332, July 24, 2017 PEOPLE OF THE cannot be restrained or delimited in the performance of its judicial function of determining just
PHILIPPINES, PlaintiffAppellee, v. MARK GAMBA Y compensation as to do so would amount to a derogation of its judicial prerogative.
NISSORADA, AccusedAppellant.
In LBP v. Heirs of Maximo Puyat,47 the Court explains:
G.R. No. 215029, July 05, 2017 SUMMIT ONE
c h a n Ro b le s v ir t u a lL a wlib r a r y
PHILIPPINES, PlaintiffAppellee, v. AGAPITO DIMAALA
Y ARELA, AccusedAppellant. For clarity, we restate the body of rules as follows: The factors listed under Section
17 of RA 6657 and its resulting formulas provide a uniform framework or
A.C. No. 6933, July 05, 2017 GREGORIO V. structure for the computation of just compensation which ensures that the
CAPINPIN, JR., Complainant, v. ATTY. ESTANISLAO L. amounts to be paid to affected landowners are not arbitrary, absurd or even
CESA, JR., Respondent. contradictory to the objectives of agrarian reform. Until and unless declared
invalid in a proper case, the DAR formulas partake of the nature of statutes,
G.R. No. 213922, July 05, 2017 PEOPLE OF THE which under the 2009 amendment became law itself, and thus have in their
PHILIPPINES, PlaintiffAppellee, v. ROMMEL favor the presumption of legality, such that courts shall consider, and not
DIPUTADO, AccusedAppellant. disregard, these formulas in the determination of just compensation for
properties covered by the CARP. When faced with situations which do not
A.M. No. P062253 (Formerly A.M. No. 069297
warrant the formula's strict application, courts may, in the exercise of their
MTC), July 12, 2017 THE OFFICE OF THE COURT
ADMINISTRATOR, Complainant, v. ELIZABETH R. judicial discretion, relax the formula's application to fit the factual situations
TENGCO, CLERK OF COURT II, MUNICIPAL TRIAL before them, subject only to the condition that they clearly explain in their
COURT, STA. CRUZ, LAGUNA, Respondent.; A.M. No. P Decision their reasons (as borne by the evidence on record) for the deviation
072360 (Formerly OCA IPI No. 062427P), July 12, undertaken. It is thus entirely allowable for a court to allow a landowner's claim
2017 JUDGE ELPIDIO R. CALIS, Complainant, v. for an amount higher than what would otherwise have been offered (based on
ELIZABETH R. TENGCO, CLERK OF COURT II, an application of the formula) for as long as there is evidence on record
MUNICIPAL TRIAL COURT, STA. CRUZ, LAGUNA, sufficient to support the award.54 (Emphasis in the original)
Respondent.; A.M. No. P133157 (Formerly A.M. No.
12430MTC), July 12, 2017 THE OFFICE OF THE It is therefore inaccurate to argue that the RTCSAC is mandated to strictly follow the formula, when
COURT ADMINISTRATOR, Complainant, v. ELIZABETH the RTCSAC, in the exercise of an essentially judicial function and discretion, can deviate therefrom
R. TENGCO, FORMER CLERK OF COURT II, MUNICIPAL
subject to the jurisprudential limitation that the factual situation calls for it and that the RTCSAC
TRIAL COURT, STA. CRUZ, Respondent.
clearly explains the reason for such deviation.55
G.R. No. 231671, July 25, 2017 ALEXANDER A.
PADILLA, RENE A.V. SAGUISAG, CHRISTIAN S. The RTCSAC Incompletely Applied the Basic Formula Provided under DAR A.O. No. 598;
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MONSOD, LORETTA ANN P. ROSALES, RENE B. Reason for Deviation not Clearly Explained
GOROSPE, AND SENATOR LEILA M. DE LIMA,
Petitioners, v. CONGRESS OF THE PHILIPPINES, Having settled that the determination of just compensation is a judicial function that must nevertheless
CONSISTING OF THE SENATE OF THE PHILIPPINES, AS be exercised within the parameters of DAR A.O. No. 598 as the guide administrative formula, the
REPRESENTED BY SENATE PRESIDENT AQUILINO point of query is whether the RTCSAC, in so computing the amount of just compensation, indeed
"KOKO" PIMENTEL III, AND THE HOUSE OF
considered the prescribed computation. And, in case of deviation, the further question to be asked is
REPRESENTATIVES, AS REPRESENTED BY HOUSE
SPEAKER PANTALEON D. ALVAREZ, Respondents.;
whether such deviation was clearly explained to be permissible.
G.R. No. 231694 FORMER SEN. WIGBERTO E.
TAÑADA, BISHOP EMERITUS DEOGRACIAS S. IÑIGUEZ, The factors which the RTCSAC should consider in determining just compensation is spelled under
BISHOP BRODERICK PABILLO, BISHOP ANTONIO R. Section 17 of R.A. No. 6657 as follows:
c h a n Ro b le s v ir t u a lL a wlib r a r y
A. There shall be one basic formula for the valuation of lands covered by VOS or CA:
A.C. No. 11668, July 17, 2017 JOY T. SAMONTE,
Complainant, v. ATTY. VIVENCIO V. JUMAMIL,
Respondent. LV = (CNI X 0.6) + (CS X 0.3) + (MV X 0.1)
G.R. No. 227757, July 25, 2017 REPRESENTATIVE Where:
TEDDY BRAWNER BAGUILAT, JR., REPRESENTATIVE
EDCEL C. LAGMAN, REPRESENTATIVE RAUL A. DAZA, LV= Land Value
REPRESENTATIVE EDGAR R. ERICE, REPRESENTATIVE CNI = Capitalized Net Income
EMMANUEL A. BILLONES, REPRESENTATIVE CS = Comparable Sales
TOMASITO S. VILLARIN, AND REPRESENTATIVE GARY MV = Market Value per Tax Declaration
C. ALEJANO, Petitioners, v. SPEAKER PANTALEON D.
ALVAREZ, MAJORITY LEADER RODOLFO C. FARIÑAS, The above formula shall be used if all three factors are present, relevant, and
AND REPRESENTATIVE DANILO E. SUAREZ, applicable.
Respondents.
G.R. No. 220458, July 26, 2017 PEOPLE OF THE A1. When the CS factor is not present and CNI and MV are applicable, the
PHILIPPINES, PlaintiffAppellee, v. ROSARIO formula shall be:
BALADJAY, AccusedAppellant.
LV = (CNI X 0.9) + (MV X 0.1)
A.C. No. 5161, July 11, 2017 RE: IN THE MATTER
OF THE PETITION FOR REINSTATEMENT OF ROLANDO A2. When the CNI factor is not present, and CS and MV are applicable, the formula shall
S. TORRES AS A MEMBER OF THE PHILIPPINE BAR. be:
ROLANDO S. TORRES, Petitioner.
LV = (CS X 0.9)+ (MV X 0.1)
G.R. No. 207193, July 24, 2017 ROBLE BARBOSA
AND RAMDY BARBOSA, Petitioners, v. PEOPLE OF THE A3. When both the CS and CNI are not present and only MV is applicable, the formula
PHILIPPINES, Respondent.
shall be:
G.R. No. 215200, July 26, 2017 PEOPLE OF THE
PHILIPPINES, PlaintiffAppellee, v. NOMERTO LV = MV x 2
NAPOLES Y BAJAS, AccusedAppellant.
In no case shall the value of idle land using the formula MV x 2 exceed the lowest value
A.C. No. 1346, July 25, 2017 PACES INDUSTRIAL of land within the same estate under consideration or within the same barangay or
CORPORATION, Petitioner, v. ATTY. EDGARDO M. municipality (in that order) approved by LBP within one (1) year from receipt of claim
SALANDANAN, Respondent. folder. (Emphasis supplied)
A.M. No. MTJ151854 [Formerly A.M. No. 144 Considering that no Comparable Sales (CS) was reported,56 the RTC S AC ostensibly used the basic
50MCTC], July 11, 2017 OFFICE OF THE COURT formula prescribed in paragraph A1 of DAR A.O. No. 598, i.e., LV = (CNI x 0.9) + (MV x 0.1).
ADMINISTRATOR, Complainant, v. PRESIDING JUDGE
BILL D. BUYUCAN AND CLERK OF COURT GERARD N.
The Capitalized Net Income (CNI) factor in the above formula is the difference between the gross
LINDAWAN, BOTH AT MUNICIPAL CIRCUIT TRIAL
COURT, BAGABAGDIADI, NUEVA VIZCAYA, sales and total cost of operations capitalized at 12%.57 The CNI is expressed in equation form as CNI
Respondents. = (AGP x SP) CO/capitalization rate.58 Where: c h a n Ro b le s v ir t u a lL a wlib r a r y
G.R. No. 212616, July 10, 2017 DISTRIBUTION & AGP = Average Gross Production corresponding to the latest available 12 months' gross
CONTROL PRODUCTS, INC./VINCENT M. TIAMSIC, production immediately preceding the date of FI (field investigation)
Petitioners, v. JEFFREY E. SANTOS, Respondent.
SP = Selling Price (the average of the latest available 12 months selling prices prior to
G.R. No. 220759, July 24, 2017 PEOPLE OF THE the date of receipt of the CF (claim folder) by LBP for processing, such prices to be
PHILIPPINES, PlaintiffAppellee, v. ARMANDO secured from the Department of Agriculture (DA) and other appropriate regulatory
MENDOZA Y POTOLIN A.K.A. "JOJO," Accused
bodies or, in their absence, from the Bureau of Agricultural Statistics. If possible, SP
Appellant.
data shall be gathered for the barangay or municipality where the property is located. In
G.R. No. 219649, July 26, 2017 AL DELA CRUZ, the absence thereof, SP may be secured within the province or region.
Petitioner, v. CAPT. RENATO OCTAVIANO AND WILMA
OCTAVIANO, Respondents. CO = Cost of Operations
G.R. No. 212098, July 26, 2017 JULIO C. ESPERE, Whenever the cost of operations could not be obtained or verified, an assumed net
Petitioner, v. NFD INTERNATIONAL MANNING AGENTS, income rate (NIR) of 20% shall be used. Landholdings planted to coconut which are
INC./TARGET SHIP MANAGEMENT PTE LTD./CYNTHIA productive at the time of FI shall continue to use the assumed NIR of 70 %. DAR and
SANCHEZ, Respondents. LBP shall continue to conduct joint industry studies to establish the applicable NIR for
each crop covered under CARP.
G.R. No. 181474, July 26, 2017 PEOPLE OF THE
PHILIPPINES, PlaintiffAppellee, v. ROMALDO
LUMAYAG Y DELA CRUZ, DIONY OPINIANO Y VERANO, 0.12 = Capitalization rate 59
AND JERRY1 DELA CRUZ Y DIAZ, ACCUSED, DIONY
OPINIANO Y VERANO, AccusedAppellant. Petitioner argues that the RTCSAC erred in computing the CNI as the Average Gross Production
(AGP) was not based on the latest available 12 months' gross production immediately preceding the
G.R. No. 228412, July 26, 2017 ALASKA MILK date of field investigation. Per petitioner's computation, the AGP of the six has of unirrigated riceland
CORPORATION AND THE ESTATE OF WILFRED is 3,325 k only or 66.5 cavans.60 However, the basis of such figure was not shown by petitioner and
UYTENGSU, Petitioners, v. ERNESTO L. PONCE, was even disproved by respondent's testimony that the property produces 80 to 100 cavans per ha.
Respondent.; G.R. No. 228439, 26 July 2017 The RTCSAC's determination of the AGP to be 90 cavans or 4,500 k per year is thus reasonable.
ERNESTO L. PONCE, Petitioner, v. ALASKA MILK
CORPORATION, ROYAL FRIESLAND CAMPINA (RFC), The selling price (SP) was, in turn, based by the RTCSAC on the certification issued by the NFA that
AS SUCCESSORSININTEREST AND SOLIDARY
the buying price of palay per k in the year 2000 is Php 10 during summer and Php 9 during wet
DEBTORS WITH THE ESTATE OF WILFRED UYTENGSU,
ALASKA MILK WORKERS UNION AND FREDDIE
season. Taking the average, the RTCSAC arrived at Php 9.50 perk as SP. As between the certification
BAUTISTA, Respondents. issued by the NFA and the unfounded SP of Php 6.50 used by petitioner, we lend more credence to the
former and as such, affirm the SP of Php 9.50 fixed by the RTCSAC.
G.R. No. 206916, July 03, 2017 PEOPLE OF THE
PHILIPPINES, PlaintiffAppellee, v. JOSEPH SAN JOSE However, to arrive at the value of the CNI, the RTCSAC simply multiplied the AGP by the SP and then
Y GREGORIO AND JONATHAN SAN JOSE Y GREGORIO, further multiplied the product thereof to six has, without considering the 20% Net Income Rate (NIR)
AccusedAppellants. and the 12% capitalization rate. The RTCSAC's application of the basic formula is therefore
incomplete and its disregard of the NIR and the capitalization rate factors was not clearly explained.
G.R. No. 191458, July 03, 2017 CHINATRUST
(PHILS.) COMMERCIAL BANK, Petitioner, v. PHILIP Instead, if the 20% NIR and the 12% capitalization rate were taken into account, the CNI per ha of the
TURNER, Respondent.
unirrigated riceland should be Php 71,250.61
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G.R. No. 228296, July 26, 2017 GRIEG Further, the MV factor is understood to be the MV per tax declaration material to the time of taking.
PHILIPPINES, INC., GRIEG SHIPPING GROUP AS, Petitioner pegged the UMV at Php 15,780 per ha for the unirrigated riceland. However, as observed by
AND/OR MANUEL F. ORTIZ, Petitioners, v. MICHAEL the PARAD, petitioner used the 1994 Schedule of Base UMV, instead of the market value as of 2000.
JOHN M. GONZALES, Respondent. Hence, the RTCSAC correctly used the BIR zonal valuation of real property located at Nambaran,
Tabuk, Kalinga for the years 1999 to 2000 which is Php 6 per sq m or Php 60,000 per ha for riceland
G.R. No. 198196, July 17, 2017 SPOUSES LORETO
AND MILAGROS SIBAY AND SPOUSES RUEL AND OLGA without irrigation and Php1 per sq m or Php 10,000 per ha for cogon land.62
ELAS, Petitioners, v. SPOUSES BIENVENIDO AND
JUANITA BERMUDEZ, Respondents. Applying the above values to the basic formula, the unit land value
G.R. No. 197526, July 26, 2017 CE LUZON (ULV) per ha of the unirrigated riceland should be:
GEOTHERMAL POWER COMPANY, INC., Petitioner, v.
COMMISSIONER OF INTERNAL REVENUE, ULV = [Php71,250 (.90)] + [Php60,000 (.10)]
Respondent.; G.R. No. 19967677, July 26, 2017 = Php64,125 + Php6,000
REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE = Php70,125
BUREAU OF INTERNAL REVENUE, Petitioner, v. CE
LUZON GEOTHERMAL POWER COMPANY, INC., LV = Php70,125(6.001)
Respondent.
= Php420,820.125
G.R. No. 221424, July 19, 2017 PEOPLE OF THE
With respect to the remaining four has, the parties agree that the same is cogonal. While respondent
PHILIPPINES, PlaintiffAppellee, v. ROBELYN
CABANADA Y ROSAURO, AccusedAppellant.
testified that it is also planted with fruit bearing trees, bananas, cassava, and camote, he failed to
establish the aggregate value of the crops produced. Thus, we cannot adopt the RTC S AC's valuation of
G.R. No. 219885, July 17, 2017 PEOPLE OF THE the cogon land as Php 10,000 per ha for obvious lack of factual support. Moreover, the RTCSAC could
PHILIPPINES, Appellee, v. AUGUSTO F. GALLANOSA, not have arrived at the CNI of the idle land (which it computed at Php 40,000) considering that the
JR., Appellant. AGP and SP factors are not present.
G.R. No. 173120 & 173141, July 26, 2017 There being no CNI and CS, and only the MV is available, the RTC S AC should have applied the formula
SPOUSES YU HWA PING AND MARY GAW, Petitioners, prescribed under paragraph A3 of DAR A.O. No. 598, i.e., LV= MV x 2.
v. AYALA LAND, INC., Respondent.; G.R. No. 173141,
July 26, 2017 HEIRS OF SPOUSES ANDRES DIAZ AND Thus, the ULV of the four has idle land should be:
JOSEFA MIA, Petitioners, v. AYALA LAND, INC.,
c h a n Ro b le s v ir t u a lL a wlib r a r y
Respondent. ULV = Php10,000 x 2
= Php20,000
G.R. No. 183408, July 12, 2017 COMMISSIONER
OF INTERNAL REVENUE, Petitioner, v. LANCASTER
PHILIPPINES, INC., Respondent.
LV = Php20,000(4.000)
= Php80,000
G.R. No. 217345, July 12, 2017 WILMER O. DE
ANDRES, Petitioner, v. DIAMOND H MARINE SERVICES We also note that, in addition to the foregoing, the RTCSAC granted an MV of Php 40,000 per ha for
& SHIPPING AGENCY, INC., WU CHUN HUA AND RUBEN the entire area or an additional Php 400,000 to be paid as just compensation because it took into
J. TURINGAN, Respondents. consideration the property's potential to be an area ideal for urban expansion. Such additional
valuation cannot be sustained as the measure of the value of the property should be at the time when
G.R.. No. 214529, July 12, 2017 JERRYSUS L. the loss resulted, i.e., as of the time of taking in March 2000. What is more, such additional valuation
TILAR, Petitioner, v. REPUBLIC OF THE PHILIPPINES, cannot be considered "just" for lack of reliable and actual data to support the same. Trial courts are
Respondents. reminded, time and again, to be circumspect in its evaluation of just compensation due the property
owner, considering that eminent domain cases involve the expenditure of public funds.63
G.R. No. 214300, July 26, 2017 PEOPLE OF THE
PHILIPPINES, Petitioner, v. MANUEL ESCOBAR,
Respondent. For prompt resolution of the instance case and considering that the relevant factors have already been
judicially determined, the final just compensation, by mathematical computation, should be Php
A.C. No. 11482, July 17, 2017 JOCELYN IGNACIO, 500,820.125 for the 10.001 has.
Complainant, v. ATTY. DANIEL T. ALVIAR,
Respondent. Modification of Interest Rate
G.R. No. 213192, July 12, 2017 TERESA R. Petitioner assails the CA's imposition of six percent (6%) interest per annum on the ground that DAR
IGNACIO, Petitioner, v. RAMON REYES, FLORENCIO A.O. No. 1394 is inapplicable to expropriation under the agrarian reform program. In any case,
REYES, JR., ROSARIO R. DU AND CARMELITA R. petitioner argues that it cannot be held liable for interest in the absence of delay in the payment of
PASTOR, Respondents. just compensation.
A.M. No. MTJ161883 (Formerly OCA IPI No. 12
There is no need to resolve whether DAR A.O. No. 1394, which is specifically made applicable to
2497MTJ), July 11, 2017 EMMA G. ALFELOR,
Complainant, v. HON. AUGUSTUS C. DIAZ, PRESIDING lands covered by P.D. No. 27 and E.O. No. 228, also applies to lands covered by R.A. No. 6657 as case
JUDGE, METROPOLITAN TRIAL COURT, BRANCH 37, law64 settles and instructs that the payment of just compensation for the expropriated property
QUEZON CITY, Respondent. amounts to an effective forbearance on the part of the State, thus: c h a n Ro b le s v ir t u a lL a wlib r a r y
A.C. No. 10580, July 12, 2017 SPOUSES GERALDY In other words, the just compensation due to the landowners amounts to an effective
AND LILIBETH VICTORY, Complainants, v. ATTY. forbearance on the part of the statea proper subject of interest computed from the time
MARIAN JO S. MERCADO, Respondent. the property was taken until the full amount of just compensation is paidin order to
eradicate the issue of the constant variability of the value of the currency over time. In
A.C. No. 9919, July 19, 2017 DR. EDUARDO R. the Court's own words:
c h a n Ro b le s v ir t u a lL a wlib r a r y
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