LBP Vs Domingo and Mamerto Soriano
LBP Vs Domingo and Mamerto Soriano
180772
[LBP],
and 180776
Petitioner,
Present:
CARPIO, J.,
Chairperson,
- versus -
CORONA,*
DEL CASTILLO,
ABAD, and
PEREZ, JJ.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
DECISION
PEREZ, J.:
1 * Per Resolution dated 25 June 2008, Associate Justice Renato C. Corona is designated
an additional member in place of Associate Justice Arturo D. Brion, who was then the
Director of Land Bank of the Philippines.
3 As stipulated in the pre-trial orders dated 14 January and 16 March 2004. CA rollo, pp.
122-127.
4 Entitled Decreeing The Emancipation Of Tenants From The Bondage Of The Soil
Transferring To Them The Ownership Of The Land They Till And Providing The
Instruments And Mechanism Therefor.
5 Rollo, p. 44.
7 Rollo, p. 43.
8 Per Department of Agrarian Reform Adjudication Board Decision dated 7 May 2000.
Rollo, p. 22.
valuation, respondents, on 23 November 2000, instituted a Complaint 9 for judicial
determination of just compensation with the Regional Trial Court of Legazpi City, 10
sitting as a Special Agrarian Court (SAC). Respondents alleged that they are
entitled to an amount of not less than P4,500,000.00 as just compensation.11
The SAC applied the formula prescribed under Executive Order No. 228 in
determining the valuation of the property, i.e., Land value = Average Gross
Production x 2.5 x Government Support Price. It likewise granted compounded
interest pursuant to Department of Agrarian Reform (DAR) Administrative Order
9 Id. at 194-198.
11 Rollo, p. 197.
12 Id. at 173.
No. 13, series of 1994, as amended by DAR Administrative Order No. 2, series of
2004.
Both parties disagreed with the trial courts valuation, prompting them to
file their respective appeals with the Court of Appeals. The appellate court,
however, affirmed the judgment of the trial court. It also upheld the award of
compounded interest, thus:
In the case at bar, the subject lands were taken under PD 27 and were covered
by Operation Land Transfer, making the aforecited Administrative Order applicable.
Hence, the Petitioners SORIANOs are entitled to the 6% compounded interest per
annum from the date of taking on 21 October 1972 until full payment of the just
compensation.13
LBP moved for reconsideration but it was denied by the Court of Appeals on
12 December 2007.
LBP filed the instant petition seeking to nullify the appellate courts decision
and resolution, particularly the amount awarded to respondents as just
compensation.
13 Id. at 30.
Basic is the tenet that since respondents were deprived of their land, they
are entitled to just compensation. Under Executive Order No. 228, the formula
used to compute the land value is:
With the passage of Republic Act (R.A.) No. 6657 or the CARL in 1988, new
guidelines were set for the determination of just compensation. In particular,
Section 17 provides, thus:
In the instant case, while the subject lands were acquired under
Presidential Decree No. 27, the complaint for just compensation was only lodged
before the court on 23 November 2000 or long after the passage of Republic Act
No. 6657 in 1988. Therefore, Section 17 of Republic Act No. 6657 should be the
principal basis of the computation for just compensation. As a matter of fact, the
factors enumerated therein had already been translated into a basic formula by
the DAR pursuant to its rule-making power under Section 49 of Republic Act No.
6657. The formula outlined in DAR Administrative Order No. 5, series of 1998
should be applied in computing just compensation, thus:
CS = Comparable Sales
14 Land Bank of the Philippines v. Heirs of Eleuterio Cruz, G.R. No. 175175, 29 September
2008, 567 SCRA 31, 37-38; Land Bank of the Philippines v. Heirs of Angel T. Domingo,
G.R. No. 168533, 4 February 2008, 543 SCRA 627, 638-639.
15 Land Bank of the Philippines v. Celada, G.R. No. 164876, 23 January 2006, 479 SCRA
495, 508.
As much as this Court would like to determine the proper valuation based
on the formula cited above, the records of this case are bereft of adequate data.
To write finis to this case, we uphold the amount derived from the old formula.
However, since the application of the new formula is a matter of law and thus,
should be made applicable, the parties are not precluded from asking for any
additional amount as may be warranted by the new formula.
Respondents counter that the award of interest until full payment of just
compensation was correctly adhered to by the lower courts in line with the Courts
ruling in Land Bank of the Philippines v. Imperial, 17 which found it inequitable to
determine just compensation based solely on the formula provided by DAR
Administrative Order No. 13, as amended. According to respondents, the award of
interest until full payment of just compensation is to ensure prompt payment.
Moreover, respondents claim that the date LBP approves the payment of the land
transfer claim and deposits the proceeds in the name of the landowner is not
tantamount to actual payment because on said date, the release of the amount is
conditioned on certain requirements.18
This issue has already been raised before the Court of Appeals by LBP, first,
in its petition for review and, second, in its motion for reconsideration. The Court
of Appeals, however, neglected to give a definitive ruling on the issue of
computation of interest and merely echoed the trial courts ruling that
respondents are entitled to the 6% compounded interest per annum from the
date of taking on 21 October 1972 until full payment of just compensation.
18 Rollo, p. 372.
At any rate, we cannot subscribe to the arguments of LBP.
The grant of six percent (6%) yearly interest compounded annually shall be
reckoned as follows:
19 Land Bank of the Philippines v. Dumlao, G.R. No. 167809, 27 November 2008, 572
SCRA 108, 124.
3.1 Tenanted as of 21 October 1972 and covered under OLT
- From 21 October 1972 up to the time of actual payment but not later than
December 2006
-From the date when the land was actually tenanted (by virtue of Regional Order
of Placement issued prior to August 18, 1987) up to the time of actual payment
but not later than December 2006
Time of actual payment is the date when the Land Bank of the Philippines (LBP)
approves payment of the land transfer claim and deposits the compensation proceeds in
the name of the landowner (LO) in cash and in bonds. The release of payment can be
claimed by the landowner upon compliance with the documentary requirements for
release of payment.20
20 Rollo, p. 358.
21 Id. at 359.
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 LBPs 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.
22 Land Bank of the Philippines v. Orilla, G.R. No. 157206, 27 June 2008, 556 SCRA 103,
117.
Anent the DARAB decision relating to the 0.2329 hectare, suffice it to say
that the determination of just compensation is a judicial function. 26 The DAR's
land valuation is only preliminary and is not, by any means, final and conclusive
upon the landowner or any other interested party. In the exercise of their
functions, the courts still have the final say on what the amount of just
compensation will be.27 Hence, we sustain the computation reached by the trial
court.
25 Rollo, p. 54.
26 Land Bank of the Philippines v. J.L. Jocson, G.R. No. 180803, 23 October 2009; Land
Bank of the Philippines v. Kumassie Plantation Company, Inc., G.R. Nos. 177404 and
178097, 25 June 2009; National Power Corporation v. Bongbong, G.R. No. 164079, 3
April 2007, 520 SCRA 290, 307; Land Bank of the Philippines v. Natividad, G.R. No.
127198, 16 May 2005, 458 SCRA 441, 450-451.
SO ORDERED.
Associate Justice
WE CONCUR:
ANTONIO T. CARPIO
Associate Justice
Chairperson
Associate Justice
ATTESTATION
ANTONIO T. CARPIO
Associate Justice
Pursuant to Section 13, Article VIII of the Constitution, and the Division
Chairpersons Attestation, it is hereby certified that the conclusions in the above
Decision were reached in consultation before the case was assigned to the writer
of the opinion of the Courts Division.
REYNATO S. PUNO
Chief Justice