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PEOPLE v. VALERIO CARMINA

This case has been cited 9 times or more.

2016-01-27
PERLAS-BERNABE, J.
As summarized in LBP v. Sps. Banal,[77] the procedure for the determination of just compensation under RA 6657 commences with the LBP determining the initial valuation of the lands under the land reform program.[78] Using the LBP's valuation, the DAR makes an offer to the landowner.[79] In case the landowner rejects the offer, the DAR adjudicator conducts a summary administrative proceeding to determine the compensation for the land by requiring the landowner, the LBP, and other interested parties to submit evidence on the just compensation of the land. A party who disagrees with the decision of the DAR adjudicator may bring the matter to the RTC designated as a Special Agrarian Court for final determination of just compensation.[80]
2012-04-18
BRION, J.
On August 21, 1992, the DAR conducted a field investigation of the land.[6] On October 27, 1997, the DAR submitted the respondents' claimfolder to the petitioner for computation of the land's valuation.[7] The petitioner valued the land at P819,778.30 (or P22,718.14 per hectare) for the acquired area of 35.9887 hectares (subject land).[8]
2008-03-07
TINGA, J,
On 7 August 2001, petitioners received a notice of coverage informing them that their landholding[3] is covered by the government's compulsory acquisition scheme pursuant to the Comprehensive Agrarian Reform Law (R.A. No. 6657). On 1 June 2001, they received from the Department of Agrarian Reform (DAR) a copy of the notice of land valuation and acquisition which contains an offer of P315,307.87[4] as compensation for 3.195 hectares of the property. Petitioners rejected the offer.
2007-10-11
SANDOVAL-GUTIERREZ, J.
The procedure for the determination of just compensation cases under R.A. No. 6657, as summarized in Landbank of the Philippines v. Banal,[19] is that initially, the Land Bank is charged with the responsibility of determining the value of lands placed under land reform and the compensation to be paid for their taking under the voluntary offer to sell or compulsory acquisition arrangement.[20] The DAR, relying on the Land Bank's determination of the land valuation and compensation, then makes an offer through a notice sent to the landowner.[21] If the landowner accepts the offer, the Land Bank shall pay him the purchase price of the land after he executes and delivers a deed of transfer and surrenders the certificate of title in favor of the government.[22] In case the landowner rejects the offer or fails to reply thereto, the DAR adjudicator[23] conducts summary administrative proceedings to determine the compensation for the land by requiring the landowner, the Land Bank and other interested parties to submit evidence as to the just compensation for the land.[24] A party who disagrees with the Decision of the DAR adjudicator may bring the matter to the RTC designated as a Special Agrarian Court[25] for the determination of just compensation.[26] In determining just compensation, the RTC is required to consider several factors enumerated in Section 17 of R.A. No. 6657. These factors have been translated into a basic formula in DAR Administrative Order (A.O.) No. 6, Series of 1992, as amended by DAR A.O. No. 11, Series of 1994, issued pursuant to the DAR's rule-making power to carry out the object and purposes of R.A. No. 6657.
2006-05-05
AZCUNA, J.
"Thus, under the law, the Land Bank of the Philippines is charged with the initial responsibility of determining the value of the lands placed under land reform and the compensation to be paid for their taking.[35] Through notice sent to the landowner pursuant to [Section] 16(a) of R.A. No. 6657, the DAR makes an offer. In case the landowner rejects the offer, a summary administrative proceeding is held[36] and afterward the provincial (PARAD), the regional (RARAD), or the central (DARAB) adjudicator, as the case may be, depending on the value of the land, fixes the price to be paid for the land. If the landowner does not agree to the price fixed, he may bring the matter to the RTC acting as [a] Special Agrarian Court. This in essence is the procedure for the determination of compensation cases under R.A. No. 6657."
2004-09-23
PANGANIBAN, J.
A careful perusal of respondent's Complaint[24] shows that the principal averments and reliefs prayed for refer -- not to the "pure question of law" spawned by the alleged unconstitutionality of EO 405 --but to the annulment of the DAR's Notice of Coverage. Clearly, the main thrust of the allegations is the propriety of the Notice of Coverage, as may be gleaned from the following averments, among others:"6. This implementation of CARP in the landholding of the [respondent] is contrary to law and, therefore, violates [respondent's] constitutional right not to be deprived of his property without due process of law.  The coverage of [respondent's] landholding under CARP is NO longer with authority of law.  If at all, the implementation of CARP in the landholding of [respondent] should have commenced and [been] completed between June 1988 to June 1992 as provided for in CARL, to wit: x x x;
2004-07-20
SANDOVAL-GUTIERREZ, J.
In accordance with the formula prescribed in DAR Administrative Order No. 6, Series of 1992,[2]  as amended by DAR Administrative Order No. 11, Series of 1994,[3]  the Land Bank of the Philippines[4] (Landbank), petitioner, made the following valuation of the property: Acquired property Area in hectares Value     Coconut land 5.4730 P148,675.19 Riceland 0.7600 25,243.36
2004-07-20
SANDOVAL-GUTIERREZ, J.
To begin with, under Section 1 of Executive Order No. 405 (1990), the Landbank is charged "primarily" with "the determination of the land valuation and compensation for all private lands suitable for agriculture under the Voluntary Offer to Sell or Compulsory Acquisition arrangement…" For its part, the DAR relies on the determination of the land valuation and compensation by the Landbank.[12]