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Lubrica VS LBP Case Digest
Lubrica VS LBP Case Digest
FACTS:
Lot 2 was placed under the coverage of P.D. No. 27 but only
128.7161 hectares was considered by LBP and valued the same
at P1,512,575.05.
Petitioners rejected the valuation of their properties, hence the
Office of the Provincial Agrarian Reform Adjudicator (PARAD)
conducted summary administrative proceedings for determination
of just compensation.
Not satisfied with the valuation, LBP filed on February 17, 2003,
two separate petitions8 for judicial determination of just
compensation before the Regional Trial Court of San Jose,
Occidental Mindoro, acting as a Special Agrarian Court,
LBP filed with the Court of Appeals a Petition for Certiorari and
Prohibition under Rule 65 of the Rules of Court with application
for the issuance of a Temporary Restraining Order and Writ of
Preliminary Injunction docketed as CA-G.R. SP No. 77530.14
The Court of Appeals held that the trial court correctly ordered
LBP to deposit the amounts provisionally determined by the
PARAD as there is no law which prohibits LBP to make a
deposit pending the fixing of the final amount of just
compensation. It also noted that there is no reason for LBP
to further delay the deposit considering that the DAR
already took possession of the properties and distributed
the same to farmer-beneficiaries as early as 1972.
ISSUE:
YES.
The CARP Law, for its part, conditions the transfer of possession
and ownership of the land to the government on receipt by the
landowner of the corresponding payment or the deposit by the
DAR of the compensation in cash or LBP bonds with an accessible
bank. Until then, title also remains with the landowner. No
outright change of ownership is contemplated either.
END!
WHEREFORE, premises considered, the petition is GRANTED.