This case has been cited 3 times or more.
2015-02-25 |
PERALTA, J. |
||||
Notwithstanding the foregoing, We find that the imposition of interest in this case is unwarranted in view of the fact that as evidenced by the acknowledgment receipt[19] signed by the Branch Clerk of Court, petitioner was able to deposit with the trial court the amount representing the zonal value of the property before its taking. As often ruled by this Court, the award of interest is imposed in the nature of damages for delay in payment which, in effect, makes the obligation on the part of the government one of forbearance to ensure prompt payment of the value of the land and limit the opportunity loss of the owner.[20] However, when there is no delay in the payment of just compensation, We have not hesitated in deleting the imposition of interest thereon for the same is justified only in cases where delay has been sufficiently established.[21] | |||||
2013-07-29 |
BRION, J. |
||||
These circumstances the gross inadequacy of the LBP's valuation of the respondents' property and the loss of income suffered by the respondents - taken together undeniably confirm the unconscionable delay in the payment of just compensation. Just compensation does not only refer to the full and fair equivalent of the property taken; it also means, equally if not more than anything, payment in full without delay.[39] Consequently, we deem it proper to award the respondents 12% interest per annum from the time of taking until full payment. In several cases,[40] this Court has awarded, by way of damages, 12% interest on the amount of just compensation, which, in effect, makes the obligation on the part of the government one of forbearance.[41] "This is to ensure prompt payment of the value of the land and limit the opportunity loss of the owner that can drag from days to decades."[42] | |||||
2013-06-05 |
PERLAS-BERNABE, J. |
||||
In similar regard, the Court, in Land Bank of the Philippines v. Rivera,[40] pronounced that: In many cases decided by this Court,[41] it has been repeated time and again that the award of 12% interest is imposed in the nature of damages for delay in payment which in effect makes the obligation on the part of the government one of forbearance. This is to ensure prompt payment of the value of the land and limit the opportunity loss of the owner that can drag from days to decades. (Emphasis and underscoring supplied) |