This case has been cited 5 times or more.
2014-04-23 |
VILLARAMA, JR., J. |
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In Land Bank of the Philippines v. Heirs of Salvador Encinas,[33] this Court reiterated this long-established principle, thus: The "taking of private lands under the agrarian reform program partakes of the nature of an expropriation proceeding." In computing the just compensation for expropriation proceedings, the RTC should take into consideration the "value of the land at the time of the taking, not at the time of the rendition of judgment." "The 'time of taking' is the time when the landowner was deprived of the use and benefit of his property, such as when title is transferred to the Republic."[34] | |||||
2013-07-24 |
VILLARAMA, JR., J. |
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Thus, the RTC shall be guided by the following factors in just compensation cases: (1) the acquisition cost of the land; (2) the current value of the properties; (3) its nature, actual use, and income; (4) the sworn valuation by the owner; (5) the tax declarations; (6) the assessment made by government assessors; (7) the social and economic benefits contributed by the farmers and the farmworkers, and by the government to the property; and (8) the non-payment of taxes or loans secured from any government financing institution on the said land, if any.[26] These factors have been translated into the following basic formula under relevant issuances[27] by the DAR: LV = (CNI x 0.6) + (CS x 0.3) + (MV x 0.1) | |||||
2013-06-17 |
PERLAS-BERNABE, J. |
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The principal basis of the computation for just compensation is Section 17 of RA 6657,[20] which enumerates the following factors to guide the special agrarian courts in the determination thereof: (1) the acquisition cost of the land; (2) the current value of the properties; (3) its nature, actual use, and income; (4) the sworn valuation by the owner; (5) the tax declarations; (6) the assessment made by government assessors; (7) the social and economic benefits contributed by the farmers and the farmworkers, and by the government to the property; and (8) the non-payment of taxes or loans secured from any government financing institution on the said land, if any.[21] Pursuant to its rule-making power under Section 49[22] of the same law, the DAR translated these factors into a basic formula.[23] | |||||
2012-12-05 |
PERALTA, J. |
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Thus, in determining just compensation, the RTC is required to consider the following factors: (1) the acquisition cost of the land; (2) the current value of the properties; (3) its nature, actual use, and income; (4) the sworn valuation by the owner; (5) the tax declarations; (6) the assessment made by government assessors; (7) the social and economic benefits contributed by the farmers and the farmworkers, and by the government to the property; and (8) the non-payment of taxes or loans secured from any government financing institution on the said land, if any.[15] | |||||
2012-10-03 |
LEONARDO-DE CASTRO, J. |
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Given that the only factor considered by the SAC in the determination of just compensation was the changing government support price for a cavan of palay, this Court is constrained to remand the case to the SAC Branch 29 for the reception of evidence and determination of just compensation in accordance with Section 17 of Republic Act No. 6657[64] and DAR AO No. 02-09 dated October 15, 2009, the latest DAR issuance on fixing just compensation.[65] |