This case has been cited 2 times or more.
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2009-08-14 |
CARPIO, J. |
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| The trial court's appointment of commissioners in this particular case is not improper. The appointment was done mainly to aid the trial court in determining just compensation, and it was not opposed by the parties. Besides, the trial court is not bound by the commissioners' recommended valuation of the subject property. The court has the discretion on whether to adopt the commissioners' valuation or to substitute its own estimate of the value as gathered from the records.[32] | |||||
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2005-12-19 |
TINGA, J. |
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| In any case, even if the commissioners are appointed by the court, the latter is not bound by their findings.[122] Section 8 of Rule 67 provides:Section 8. Action upon the Commissioner's Report. Upon the expiration of the period of ten (10) days referred to in the preceding section[123], but after all the interested parties have filed their objections to the report or their statement of agreement therewith, the court may, after hearing, accept the report and render judgment in accordance therewith; or, for cause shown, it may recommit the same to the commissioners for further report of facts; or it may set aside the report and appoint new commissioners; or it may accept the report in part and reject it in part; and it may make such order or render such judgment as shall secure to the plaintiff the property essential to the exercise of his right of expropriation, and to the defendant just compensation for the property so taken. The report of the commissioners on the value of the condemned property is neither final nor conclusive. The court is permitted to act on the report in any of several ways enumerated in the rules, at its discretion.[124] It may render such judgment as shall secure to the plaintiff the property essential to the exercise of his right of condemnation and, to the defendant, just compensation for the property expropriated. The court may substitute its own estimate of the value as gathered from the records.[125] | |||||