Jurisdiction. The Board Shall Have Primary and Exclusive
Jurisdiction. The Board Shall Have Primary and Exclusive
Jurisdiction. The Board Shall Have Primary and Exclusive
Presen
YNARE
Chair
AUSTR
CHICO
NACHU
Promul
August
present
petition
for
certiorari
is
Present:
-
QUISUMBING, J.,
versus
Chairperson,
CARPIO MORALES,
TINGA,
VELASCO, JR., and
BRION, JJ.,
HEIRS OF ELEUTERIO CRUZ,
Respondents.
Promulgated:
September 29, 2008
x
----------------------------------------------------------------------------------x
DECISION
TINGA, J.:
This is a Petition for Review on Certiorari[1] under Rule
45 of the 1997 Rules of Civil Procedure, assailing the
Decision[2] and Resolution[3] of the Court of Appeals (CA) in CAG.R. SP No. 93207. The CA decision affirmed the decision of
the Regional Trial Court (RTC) of Tuguegarao City, Branch 1
sitting as a Special Agrarian Court (SAC), which approved and
ordered the payment of the amount of just compensation fixed
by the Cagayan Provincial Agrarian Reform Adjudicator
(PARAD) in favor of herein respondents.[4] The CA resolution
denied petitioners motion for reconsideration of the decision.
[5]
SO ORDERED.
LAND BANK OF THE PHILIPPINES,
Petitioner,
SO ORDERED.
LAND BANK OF THE PHILIPPINES, G.R. No. 164876
Petitioner,
- versus LEONILA P. CELADA,
Respondent.
Promulgated:
SO ORDERED.[10]
We agree with petitioner.
Thereafter, a pre-trial conference was conducted[11] and
trial on the merits ensued. On March 1, 2003, the SAC
rendered judgment as follows:
WHEREFORE, in view of all the foregoing, the Court
hereby fixes the compensation of the land of petitioner at
P2.50 per square meter or a total of P354,847.50 for the
portion of 14.1939 hectares subject of compulsory acquisition
under the CARP which it believes just, fair and equitable under
the present circumstances and which shall earn legal interest
of twelve percent (12%) per annum from the time of its taking
by the DAR. Furthermore, respondent Land Bank is hereby
C.
CS shall refer to any one or the average of all the
applicable sub-factors, namely ST, AC and MVM:
Where:
ST = Peso Value of Sales Transactions as
defined under Item C.2
AC = Acquisition Cost as defined under Item C.3
MVM = Market Value Based on Mortgage as defined under
Item C.4
xxxx
LV = Land Value
CNI = Capitalized Net Income
CS = Comparable Sales
MV = Market Value per Tax Declaration
C.2.
The criteria in the selection of the comparable sales
transaction (ST) shall be as follows:
a.
When the required number of STs is not available at the
barangay level, additional STs may be secured from the
municipality where the land being offered/covered is situated to
complete the required three comparable STs. In case there are
more STs available than what is required at the municipal level,
the most recent transactions shall be considered. The same
rule shall apply at the provincial level when no STs are
available at the municipal level. In all cases, the combination of
STs sourced from the barangay, municipality and province shall
not exceed three transactions.
b.
The land subject of acquisition as well as those subject
of comparable sales transactions should be similar in
topography, land use, i.e., planted to the same crop.
Furthermore, in case of permanent crops, the subject
properties should be more or less comparable in terms of their
stages of productivity and plant density.
c.
The comparable sales transactions should have been
executed within the period January 1, 1985 to June 15, 1988,
and registered within the period January 1, 1985, to September
13, 1988.
xxxx
C.3.
Acquisition Cost (AC) AC shall be deemed relevant
when the property subject of acquisition was acquired through
purchase or exchange with another property within the period
January 1, 1985 to June 15, 1988 and registered within the
period January 1, 1985 to September 13, 1988, and the
condition of said property is still substantially similar from the
date of purchase or exchange to the date of FI.
xxxx
(P x x x
x ____ ) = P
Cassava
16,666.67 x
Corn/Coco
26,571.70
q.
After these Production data and selling price, there is
here a cost of operation, what is this?
a.
It is the expenses of the land owner or farmer. From
day one of the cultivation until production. Without the land
owners submission of the sworn statement of the income,
production and the cost, x x x Administrative Order No. 5 states
that x x x we will use 20% as the net income, meaning 80% of
the production in peso. This is the cost of valuation.
q.
80 % for what crops?
a.
All crops except for coconuts where the cost of
expenses is only 20%.
= 23,914.53
Market Value
= 896.38
per Tax Declaration:
= 1,005.39
Computed Value per
Corn/Coco 24,919.92
Cassava
8,963.78 x 0.10
Corn/Coco
10,053.93
q.
a.
Hectare:
Cassava
15,896.38;
Under the circumstances, we find the explanation and
computation of petitioner to be sufficient and in accordance
with applicable laws. Petitioners valuation must thus be
upheld.
xxx
Value per hectare used: Cassava
6.0000 has. = 95,378.28
Corn/Coco
8.1939 has. = 204,191.33
Payment due to LO :
q.
Summing all these data, what is the value per hectare
of the cassava?
a.
The cassava is P15,896.38.
15,896.38
24,919.92
x
x
P299, 569.61