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REPUBLIC v. KER

This case has been cited 3 times or more.

	GR NO. 158609 2007-07-27	SPS. MARIAN B. LINTAG AND ANGELO T. ARRASTIA v. NATIONAL POWER CORPORATION NACHURA, J.
For this purpose, the RTC must bear in mind that it is the value of the land at the time of the taking or at the time of the filing of the complaint, whichever came first, not the value of the land at the time of the rendition of judgment which should be considered.[31] In this case, where the institution of an expropriation action preceded the taking of the subject property, just compensation is based on the value of the land at the time of the filing of the complaint. This is provided by the Rules of Court, the assumption of possession by the expropriator ordinarily being conditioned on its deposit with the National or Provincial Treasurer of the amount equivalent to the value of the property as provisionally ascertained by the court having jurisdiction of the proceedings.[32]
	GR No. 170846 2007-02-06	NATIONAL POWER CORPORATION v. AURELLANO S. TIANGCO GARCIA, J.
In the determination of such value, the court is not limited to the assessed value of the property or to the schedule of market values determined by the provincial or city appraisal committee; these values consist but one factor in the judicial valuation of the property.[15] The nature and character of the land at the time of its taking is the principal criterion for determining how much just compensation should be given to the landowner[16] All the facts as to the condition of the property and its surroundings, as well as its improvements and capabilities, should be considered.[17]
	GR No. 148223 2004-11-25	FERNANDO GABATIN v. LAND BANK OF PHILIPPINES CHICO-NAZARIO, J.
We must stress, at the outset, that the taking of private lands under the agrarian reform program partakes of the nature of an expropriation proceeding.[45] In a number of cases, we have stated that in computing the just compensation for expropriation proceedings, it is the value of the land at the time of the taking, not at the time of the rendition of judgment, which should be taken into consideration.[46] This being so, then in determining the value of the land for the payment of just compensation, the time of taking should be the basis. In the instant case, since the dispute over the valuation of the land depends on the rate of the GSP used in the equation, it necessarily follows that the GSP should be pegged at the time of the taking of the properties.