THIRD DIVISION
GR. No. 186339, February 15, 2017
VIVENCIO, EUGENIO, JOJI AND MYRNA, ALL SURNAMED MATEO, Petitioners, v. DEPARTMENT OF AGRARIAN REFORM, LAND BANK OF THE PHILIPPINES AND MARIANO T. RODRIGUEZ, ET AL., Respondents.
D E C I S I O N
REYES, J.:
For review1 is the Decision2 rendered on August 4, 2008 and Resolution3 issued on January 28, 2009 by the Court of Appeals (CA) in CA-G.R. CV No. 79581. The CA granted the appeal filed by the herein respondents, Department of Agrarian Reform (DAR), Land Bank of the Philippines (LBP)4 and Mariano T. Rodriguez, et al., seeking to reverse the Decision5 dated July 4, 2002 of the Regional Trial Court (RTC) of Sorsogon City, Sorsogon, Branch 52, sitting as Special Agrarian Court (SAC), in Civil Case No. 97-6331, a complaint for determination of just compensation filed by the herein petitioners, Vivencio Mateo (Vivencio), Eugenio Mateo, Joji Mateo Morales and Myrna Mateo Santos (collectively, the Mateos). The SAC ordered the LBP to pay the Mateos the amount of P71,143,623.00 as just compensation for 112.3112 hectares of coconut and rice lands (subject property) covered by Transfer Certificate of Title (TCT) No. T-22822, which was expropriated by the DAR for distribution to farmer-beneficiaries under the provisions of Republic Act (R.A.) No. 6657,6 otherwise known as the Comprehensive Agrarian Reform Program (CARP) Law of 1988.
[The Mateos] were the registered owners of [coconut and rice lands] with [a total area] of 1,323,112 square meters situated at Fabrica, Bacon, Sorsogon and [were] covered by TCT No. T-22822. A portion of the land[s] was brought under the coverage of the [CARP] of the government and for this reason[,] the [DAR] entered the premises sometime in June 1994. [LBP] valued [the Mateos'] land at fifty-two thousand pesos (P52,000.00) per [ha]. [The Mateos,] however[,] rejected the LBP's valuation.
On April 30, 1997, [the Mateos] filed a complaint against LBP, [DAR], and the farmer beneficiaries of the land for just compensation. The case was docketed as Civil Case No. 97-6331 and raffled to the [SAC], presided by respondent Judge Honesto A. Villamor.7
WHEREFORE, premises considered, judgment is hereby rendered:chanRoblesvirtualLawlibrary
- Fixing the amount of SEVENTY-ONE MILLION, ONE HUNDRED FORTY-THREE THOUSAND, SIX HUNDRED TWENTY-THREE ([P]71,143,623.00) Pesos, Philippine currency[,] to be the just compensation for the 112(.]3112 [has] of agricultural land situated at Fabrica, District of Bacon, City of Sorsogon covered by TCT No. T-22822 owned by the [Mateos] which property was taken by the government pursuant to the (CARP] of the government [as] provided by R.A. N[o]. 6657.
- Ordering the [LBP] to pay the [Mateos] the amount of Seventy-One Million, one Hundred forty-three thousand[,] six hundred twenty-three (P71,143,623.00) Pesos[,] Philippine currency[,] in the manner provided by R.A. No. 6657 by way of full payment of the said just compensation after deducting whatever amount [was] previously received by the [Mateos] from the [LBP] as part of the just compensation.
- Without pronouncement as to cost.
SO ORDERED.14
Under R.A. No. 6657, it provides that in determining the just compensation, the initial determination thereof may be agreed upon by the [LBP], the official entity made responsible under Executive Order No. 405, series of 1990 to determine the valuation and compensation of agricultural landholdings made under the coverage of the CARP and the [l]andowner. In the event of disagreement, the matter is referred to the DAR Adjudication Board for further determination. If no agreement is reached, the landowner may elevate the matter for judicial determination.
Initially, the [DAR] Adjudicat[ion] Board x x x valued the property in question adopting the [LBP's] valuation in the amount of P6,112,598.86 for the 72.2268 [has] and the amount of P2,949,313.14 for the 36.3196 [ha] but these valuation was rejected by [the Mateos].
After due consideration of [Engr. Dino's] Report submitted to the Court[,] as well as the [Report of Empleo] and the Pass Book evidencing the Lease Rentals presented by the defendant DAR, as well as the testimon[ies] of [the Mateos] and their witnesses and also considering the applicable law, the Sanggunian Panlalawigan Resolution No. [0]3-99 providing for an updated schedule of fair market value of real properties in the Province of Sorsogon and the jurisprudence on the matter, the Court hereby adopts the commissioner's report submitted by Engr. [Dino] as part of this decision. The Court also took into consideration the evidence submitted on comparable sales transaction of the nearby landholdings executed by Jose Maria Simo, Jr. in favor of the National Housing Authority selling the property at Two Million[,] Three Hundred Thirty-three Thousand[,] One Hundred Seventy Pesos (P2,335,170.00) Philippine currency, for the 159,968 square meters land x x x.15 The report of [Engr. Dino] x x x represents only the fair market value of the land but does not include the value of the coconut trees and the actual production of the coconut trees. Although it valued the improvements in the property for acquisition, it did not include the value of the trees/hectare and the actual production of the coconut trees as well as the potentials of the land in term[s] of productivity and proximity to the center of commerce, the City of Sorsogon.
Commissioner's Report of [Engr.] Dino:chanRoblesvirtualLawlibrary
x x x x
ACCESSIBILITY AND LOCATION
The subject property is located in Barangay San Isidro, Sorsogon. It is barely one kilometer away from the Bacon Airport and the Sorsogon-Bacon Highway. It could be reached through the San Vicente-Buhatan Road – a dormant overland artery linking the district of Bacon to the City of Sorsogon.
PROPERTY APPRAISAL
Provincial Ordinance No. 03-99, also known as "An Ordinance Providing for an Updated Schedule of Fair Market Values of Real Properties in the Province of Sorsogon" was used as the basis for determining the unit values of lands and other improvements found in the subject real property. However, with respect to the appraisal of timber producing tree species, the approximate extractable lumber was multiplied by the prevailing market price per board foot.
[Engr. Dino made a detailed assessment computing the subject property's Fair Market Value to be P4,764,323.00, and the fruit-bearing and timber-producing trees found thereon amounting to P806,870.00 and P445,110.00, respectively. Engr. Dino, thus, concluded that just compensation for the subject property should amount to P6,016,303.00.]
On the matter of the land valuation submitted by [Engr. Dino] for the (Mateos], the Court considers said land valuation too low considering that the land subject for acquisition is within the city limit of the City of Sorsogon and as shown by the evidence of the [Mateos], the land was a subject of a housing subdivision and can command a price of not less than P350,000.00 per [ha]. The area for acquisition is ideal not only for housing subdivision but as expansion for commercial district of the City of Sorsogon. It has all the potentials of a city within the city. It has abundant water supply and aacessible to the center of commerce. The [Mateos] also submitted evidence of comparable sales transactions of the nearby landholdings executed by Jose Maria Simo, Jr. in favor of the National Housing Authority selling the property with an area of 159,968 sq. m. for the amount of P2,335,170.00 x x x. As the property is within the city of Sorsogon, the selling price of land is P1,000.00 per square meter. The land subject of acquisition is an agricultural land but it cannot be denied that [in] the present time[,] the land commands [a] higher price especially that the exchange rate of peso to dollar is 1 dollar to 50 pesos. Evidence also show that the [parents of the Mateos] acquired the property for P1,000.00 per [ha] and it took them three (3) years to clear the property and after another three years, they planted coconuts which are now fruit bearing trees. x x x[.]
x x x x
[The SAC then adopted Engr. Dino's valuation of the improvements found in the subject property and made estimates of the total amount the coconuts, copra and rice harvested therefrom could have fetched from 1994-2002. The SAC also assessed the price of the subject property to be P500,000.00 per ha.]
RECAPITULATION:chanRoblesvirtualLawlibrary
P54,000,000.00 – Fair Market Value of 108 hectares coconut land at P500,000.00 13,057,397.00 – Net produce of copra from 1994 to 2002 806,820.00 – Value of the improvements inside the 108.0000 hectares 445,110.00 – Value of the coconut trunk[s] P68,309,327.00 – Total value of the 108 [has] coconut land 1,750,000.00 – Fair Market Value of3.7649 [has] of Riceland at P500,000.00 1,686,085.00 – Net Produce of the Riceland from year 1994 to 2002 P71 ,745,412.00 – Grand Total Value of the Coconut land and Riceland with an area of 112.3112 [has] 601,789.00 – less the amount previously received by [the Mateos] as lease rentals P71,143,623.00 – Total amount of Just Compensation16
Since the DARAB is clothed with quasi-judicial authority to make a preliminary determination of just compensation of lands acquired under R.A. No. 6657, x x x and it appearing from the records and [the Mateos'] own admission that [the] said administrative agency had not yet taken cognizance of, and passed upon the issue of just compensation when [the Mateos] prematurely filed with the court a quo the complaint for determination of just compensation, thus failing to exhaust the prescribed administrative remedy and, in the process, preventing the DARAB from complying with [the] said administrative process which is mandatory, We resolve to grant the appeal.
Jurisprudence teems with pronouncements that before a party is allowed to seek the intervention of the court, it is a pre-condition that he should have availed of all the means of administrative processes afforded him. x x x The premature invocation of [the] court's intervention is fatal to one's cause of action[.] x x x[.]
x x x x
Anent the issue on just compensation, Section 17 of [R.A.] No. 6657 provides the guideposts for its determination[.] x x x[.]
x x x x
As defined, just compensation is the full and fair equivalent of the property taken from its owner by the expropriator. While We agree with the trial court's submission that "the measure is not the taker's gain but the owner's loss", and that the word "just" is used to intensify the meaning of the word "compensation" to convey the idea that the equivalent to be rendered for the property to be taken shall be real, substantial, full and ample, We likewise subscribe to appellant LBP's contention that "just compensation", in contemplation of agrarian reform, is quite different from just compensation involving an ordinary exercise of the power of eminent domain. Thus, as correctly pointed out by LBP, just compensation must be viewed in the context of social justice enshrined in the fundamental law to make it easier for the disadvantaged to be able to obtain land.
Moreover, it is clear from the decision of the trial com1 that aside from the court a quo's lack of jurisdiction to take cognizance of the present case, its computation totally disregarded Section 17 of R.A. No. 6657, which, as earlier reproduced, prescribes the factors for determining just compensation of lands acquired thereunder.24 (Citations omitted)
- Whether or not the CA erred in negating the jurisdiction of the RTC, as a SAC, to determine in the first instance and in the absence of the conduct of prior administrative proceedings, questions of just compensation to be paid to landowners.
- Whether or not the CA erroneously held that the SAC disregarded the provisions of Section 17 of R.A. No. 6657 in determning the amount of just compensation to be paid for the subject property.
Under Section 1 of Executive Order No. 405, Series of 1990, the [LBP] is charged with the initial responsibility of determining the value of lands placed under land reform and the just compensation to be paid tor their taking. Through a notice of voluntary offer to sell (VOS) submitted by the landowner, accompanied by the required documents, the DAR evaluates the application and determines the land's suitability tor agriculture. The LBP likewise reviews the application and the supporting documents and determines the valuation of the land. Thereafter, the DAR issues the Notice of Land Valuation to the landowner. In both voluntary and compulsory acquisition, where the landowner rejects the offer, the DAR opens an account in the name of the landowner and conducts a summary administrative proceeding. If the landowner disagrees with the valuation, the matter may be brought to the [RTC] acting as a [SAC]. This in essence is the procedure for the determination of just compensation.41 (Citations omitted)
In San Miguel Properties, Inc. v. Perez, we explained the reasons why Congress, in its judgment, may choose to grant primary jurisdiction over matters within the erstwhile jurisdiction of the courts, to an agency:chanRoblesvirtualLawlibraryThe doctrine of primary jurisdiction bas been increasingly called into play on matters demanding the special competence of administrative agencies even if such matters are at the same time within the jurisdiction of the courts. A case that requires for its determination the expertise, specialized skills, and knowledge of some administrative board or commission because it involves technical matters or intricate questions of fact, relief must first be obtained in an appropriate administrative proceeding. before a remedy will be supplied by the courts although the matter comes within the jurisdiction of the courts. The application of the doctrine does not call for the dismissal of the case in the court but only for its suspension until after the matters within the competence of the administrative body are threshed out and determined.
x x x x
Rule 43 of the Revised Rules of Court, which provides for a uniform procedure for appeals from a long list of quasi-judicial agencies to the [CA], is a loud testament to the power of Congress to vest myriad agencies with the preliminary jurisdiction to resolve controversies within their particular areas of expertise and experience.
In fact, our landmark ruling in Association has already validated the grant by Congress to the DAR of the primary jurisdiction to determine just compensation. There, it was held that RA 6657 does not suffer from the vice of the decree voided in EPZA, where the valuation scheme was voided by the Court for being an "impermissible encroachment on judicial prerogatives." x x x[.]
x x x x
Unlike EPZA, and in answer to the question raised in one of the dissents, the scheme provided by Congress under RA 6657 does not take discretion away from the courts in determining just compensation in agrarian cases. Far from it. In fact, the DAR valuation formula is set up in such away that its application is dependent on the existence of a certain set of facts, the ascertainment of which falls within the discretion of the court.
x x x x
x x x Congress thus clearly conceded that courts have the power to look into the "justness" of the use of a formula to determine just compensation, and the "justness" of the factors and their weights chosen to flow into it.
In fact, the regulatory scheme provided by Congress in fact sets the stage for a heightened judicial review of the DAR's preliminary determination of just compensation pursuant to Section 17 of RA 6657. In case of a proper challenge, SACs are actually empowered to conduct a de novo review of the DAR's decision. Under RA 6657, a full trial is held where SACs are authorized to (1) appoint one or more commissioners, (2) receive, hear, and retake the testimony and evidence of the parties, and (3) make findings of fact anew. In other words, in exercising its exclusive and original jurisdiction to determine just compensation under RA 6657, the SAC is possessed with exactly the same powers and prerogatives of [the RTC] under Rule 67 of the Revised Rules of Court.
In such manner, the SAC thus conducts a more exacting type of review, compared to the procedure provided either under Rule 43 of the Revised Rules of Court, which governs appeals from decisions of administrative agencies to the [CA], or under Book VII, Chapter 4, Section 25 of the Administrative Code of 1987, which provides for a default administrative review process. In both cases, the reviewing court decides based on the record, and the agency's findings of fact are held to be binding when supported by substantial evidence. The SAC, in contrast, retries the whole case, receives new evidence, and holds a full evidentiary hearing.
x x x x
Justice Velasco correctly pointed out this Court's statement in Belista excepting petitions for determination of just compensation from the list of cases falling within the DAR's original and exclusive jurisdiction. Justice Velasco is also correct when he stated that the Court, in Heirs of Vidad, summarized and affirmed rulings which "invariably upheld the [SAC's] original and exclusive jurisdiction x x x notwithstanding the seeming failure to exhaust administrative remedies before the DAR." Later on, he would point out, again correctly, the seemingly conflicting rulings issued by this Court regarding the imposition upon the courts of a formula to determine just compensation.
x x x x
Justice Velasco reads both Belista and Heirs of Vidad as bases to show that SACs possess original and exclusive jurisdiction to determine just compensation, regardless of prior exercise by the DAR of its primary jurisdiction.
We do not disagree with the rulings in Belista and Heirs of Vidad, both of which acknowledge the grant of primary jurisdiction to the DAR, subject to judicial review. We are, however, of the view that the better rule would be to read these seemingly conflicting cases without having to disturb established doctrine.
Belista, for example, should be read in conjunction with Association, the landmark case directly resolving the constitutionality of RA 6657. In Association, this Court unanimously upheld the grant of iurisdiction accorded to the DAR under Section 1643 to preliminarily determine just compensation. This grant of primary jurisdiction is specific, compared to the general grant of quasi-judicial power to the DAR under Section 50. Belista, which speaks of exceptions to the general grant of quasi-judicial power under Section 50, cannot be read to extend to the specific grant of primary jurisdiction under Section 16.
x x x x
Considering the validity of the grant of primary jurisdiction, our ruling in Heirs of Vidad should also be reconciled with the rationale behind the doctrine of primary jurisdiction. In this sense, neither landowner nor agency can disregard the administrative process provided under the law without offending the already established doctrine of primary jurisdiction:chanRoblesvirtualLawlibrary
x x x x
Section 18, on the other hand, merely recognizes the possibility that the landowner will disagree with the DAR/LBP's offer. In such case, and where the landowner elevates the issue to the court, the court needs to rule on the offer of the DAR and the LBP. Since the government's offer is required by law to be founded on Section 17, the court, in exercising judicial review, will necessarily rule on the DAR determination based on the factors enumerated in Section 17.
Now, whether the court accepts the determination of the DAR will depend on its exercise of discretion. This is the essence of judicial review. That the court can reverse, affirm or modify the DAR/LBP's determination cannot, however, be used to argue that Section 18 excuses observance from Section 17 in cases of disagreement.44 (Citations omitted, emphasis ours and italics in the original)
First, in determining just compensation, courts are obligated to apply both the compensation valuation factors enumerated by the Congress under Section 17 of RA 6657 and the basic formula laid down by the DAR. x x x[.]
x x x x
Second, the formula, being an administrative regulation issued by the DAR pursuant to its rule-making and subordinate legislation power under RA 6657, has the force and effect of law. Unless declared invalid in a case where its validity is directly put in issue, courts must consider their use and application. x x x[.]
x x x x
Third, courts, in the exercise of their judicial discretion, may relax the application of the formula to fit the peculiar circumstances of a case. They must, however, clearly explain the reason for any deviation; otherwise, they will be considered in grave abuse of discretion. x x x[.]
x x x xWhen acting within the parameters set by the law itself, the RTC SACs, however, are not strictly bound to apply the DAR formula to its minute detail, particularly when faced with situations that do not warrant the formula's strict application; they may, in the exercise of their discretion, relax the formula's application to fit the factual situations before them. They must, however, clearly explain the reason for any deviation from the factors and formula that the law and the rules have provided.
The situation where a deviation is made in the exercise of judicial discretion should at all times be distinguished from a situation where there is utter and blatant disregard of the factors spelled out by law and by the implementing rules. For in [the latter case], the RTC SAC's action already amounts to grave abuse of discretion for having been taken outside of the contemplation of the law.52 (Citations and emphasis omitted)
- There shall be one basic formula for the valuation of lands covered by [Voluntary Offer to Sell] or [Compulsory Acquisition] regardless of the date of offer or coverage of the claim:chanRoblesvirtualLawlibrary
LV = (CNI x 0.6) + (CS x 0.3) + (MV x 0.1)
Where: LV = Land Value CNI = Capitalized Net Income CS = Comparable Sales MV = Market Value per Tax Declaration
The above formula shall be used if all the three factors are present, relevant, and applicable.
A.1 When the CS factor is not present and CNI and MV are applicable, the formula shall be: LV = (CNI x 0.9) + (MV x 0.1) A.2 When the CNI factor is not present, and CS and MV are applicable, the formula shall be: LV = (CS x 0.9) + (MV x 0.1) A.3 When both the CS and CNI are not present and only MV is applicable, the formula shall be: LV = MV x 2 A. 4 In all the above, the computed value using the applicable formula or the Declared Value by Landowner (DV), whichever is lower, shall be adopted as the Land Value. DV shall refer to the amount indicated in the Landowner's offer or the Listasaka declaration, whichever is lower, in case of VOS. In case of CA, this shall refer to the amount indicated in the Listasaka. Both LO's offer and Listasaka shall be grossed-up using the immediately preceding semestral Regional Consumer Price Index (RCPI), from the date of the offer or the date of Listasaka up to the date of receipt of claim folders by LBP from DAR for processing.
Sec. 17. Determination of Just Compensation. - In determining just compensation, the cost of acquisition of the land, the value of the standing crop, the current value of like properties, its nature, actual use and income, the sworn valuation by the owner, the tax declarations, the assessment made by government assessors, and seventy percent (70%) of the zonal valuation of the Bureau of Internal Revenue (BIR), translated into a basic formula by the DAR, shall be considered, subject to the final decision of the proper court. The social and economic benefits contributed by the farmers and the farmworkers and by the Government to the property as well as the non-payment of taxes or loans secured from any government financing institution on the said land shall be considered as additional factors to determine its valuation. (Underscoring ours)
Endnotes:
* Designated Fifth Member of the Third Division per Special Order No. 2417 dated January 4, 2017.
1Rollo, pp. 10-50.
2 Penned by Associate Justice Ricardo R. Rosario, with Associate Justices Rebecca De Guia-Salvador and Vicente S.E. Veloso concurring; id. at 51-63.
3 Id. at 64-65.
4 As "financial intermediary" in the implementation of the land reform program pursuant to Section 64 of Republic Act No. 6657.
5 Rendered by Executive Judge Honesto A. Villamor; rollo, pp. 120-127.
6 Effective June 15, 1988.
7Rollo, p. 54.
8 Please see LBP's Answer, id. at 114-117, and DAR's Answer, id. at 95-99.
9 Id. at 121.
10 Id.
11 Id. at 121-122.
12 Id. at 122.
13 Id. at 120-127.
14 Id. at 127.
15 The parcel of land was thus sold at P145,927.00 per ha.
16Rollo, pp. 123-126.
17 Id. at 55-56.
18Section 17. Determination of Just Compensation. - In determining just compensation, the cost of acquisition of the land, the current value of the like properties, its nature, actual use and income, the sworn valuation by the owner, the tax declarations, and the assessment made by government assessors shall be considered. The social and economic benefits contributed by the farmers and the farmworkers and by the Government to the property as well as the nonpayment of taxes or loans secured from any government financing institution on the said land shall be considered as additional factors to determine its valuation.
19Rollo, pp. 56-57.
20Section 50. Quasi-Judicial Powers of the DAR. - The DAR is hereby vested with the primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform, except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Depm1ment of Environment and Natural Resources (DENR).
x x x x
21Section 57. Special Jurisdiction. - The Special Agrarian Courts shall have original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners, and the prosecution of all criminal offenses under this Act. The Rules of Court shall apply to all proceedings before the Special Agrarian Courts, unless modified by this Act.
The Special Agrarian Courts shall decide all appropriate cases under their special jurisdiction within thirty (30) days from submission of the case for decision.
22Rollo, p. 58.
23 Id. at 51-63.
24 Id. at 60-62.
25 Id. at 64-65.
26 Id. at 66-87.
27 Id. at 24.
28 464 Phil. 83 (2004).
29Rollo, pp. 26-29.
30 Id. at 36-37.
31 Id. at 38-43.
32 DAR's Comment, id. at 145-151, and LBP's Comment, id. at 157-183.
33 424 Phil. 372 (2002).
34Rollo, p. 148.
35 Id. at 149-150.
36 523 Phil. 245 (2006).
37Rollo, pp. 171-173.
38 Id. at 174-175.
39 Rules and Regulations Amending the Valuation of Lands Voluntarily Offered and Compulsorily Acquired as provided for under Administrative Order No. 17, Series of 1989, as amended, issued Pursuant to Republic Act No. 6657. Adopted on October 30, 1992.
40 Supra note 28.
41 Id. at 95.
42 G.R. Nos. 181912 and 183347, November 29, 2016.
43Section 16. Procedure for Acquisition of Private Lands. — For purposes of acquisition of private lands, the following procedures shall be followed:chanRoblesvirtualLawlibrary
(a) After having identified the land, the landowners and the beneficiaries, the DAR shall send its notice to acquire the land to the owners thereof, by personal delivery or registered mail, and post the same in a conspicuous place in the municipal building and barangay hall of the place where the property is located. Said notice shall contain the offer of the DAR to pay a corresponding value in accordance with the valuation set forth in Sections 17, and 18, and other pertinent provisions hereof.
(b) Within thirty (30) days from the date of receipt of written notice by personal delivery or registered mail, the landowner, his administrator or representative shall inform the DAR of his acceptance or rejection of the offer.
(c) If the landowner accepts the offer of the DAR, the Land Bank of the Philippines (LBP) shall pay the landowner the purchase price of the land within thirty (30) days after he executes and delivers a deed of transfer in favor of the government and surrenders the Certificate of Title and other muniments of title.
(d) In case of rejection or failure to reply, the DAR shall conduct summary administrative proceedings to determine the compensation for the land requiring the landowner, the LBP and other interested parties to submit evidence as to the just compensation for the land, within fifteen (15) days from the receipt of the notice. After the expiration of the above period, the matter is deemed submitted for decision. The DAR shall decide the case within thirty (30) days after it is submitted for decision.
(e) Upon receipt by the landowner of the corresponding payment or, in case of rejection or no response from the landowner, upon the deposit with an accessible bank designated by the DAR of the compensation in cash or in LBP bonds in accordance with this Act, the OAR shall take immediate possession of the land and shall request the proper Register of Deeds to issue a Transfer Certificate of Title (TCT) in the name of the Republic of the Philippines. The DAR shall thereafter proceed with the redistribution of the land to the qualified beneficiaries.
(f) Any party who disagrees with the decision may bring the matter to the court of proper jurisdiction for final determination of just compensation.
44Ramon Alfonso v. LBP and DAR, supra note 42.
45 Id.
46 Please see Addition Hills Mandaluyong Civic & Social Organization, Inc. v. Megaworld Properties & Holdings, Inc., et al., 686 Phil. 76 (2012).
47 See Landowner's Reply to Notice of Land Valuation and Acquisition, rollo, pp. 105, 125.
48 LBP Certifications of Deposit, id. at 106, 113.
49 Id. at 19.
50 Id. at 19-20.
51 Supra note 42.
52 Id.
53Rollo, p. 125.
54LBP v. Lajom, G.R. No. 184982, August 20, 2014, 733 SCRA 511, 521.
55 Revising the Rules and Regulations Covering the Valuation of Lands Voluntarily Offered or Compulsorily Acquired as Embodied in Administrative Order No. 6, Series of 1992. Adopted on September 13, 1994.
56 Revised Rules and Regulations Governing the Valuation of Lands Voluntarily Offered or Compulsorily Acquired Pursuant to Republic Act No. 6657. Adopted on April 15, 1998.
57Rollo, pp. 100-103.
58 Id. at 124.
59LBP v. Heirs of Spouses Encinas, 686 Phil. 48, 55 (2012).
60Rollo, p. 125.
61 Id. at 125-126.
62 AN ACT STRENGTHENING FURTHER THE COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP) BY PROVIDING AUGMENTATION FUND THEREFOR, AMENDING FOR THE PURPOSE SECTION 63 OF REPUBLIC ACT NO. 6657, OTHERWISE KNOWN AS THE CARP LAW OF 1988. Approved on February 23, 1998.
63 AN ACT STRENGTHENING THE COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP), EXTENDING THE ACQUISITION AND DISTRIBUTION OF ALL AGRICULTURAL LANDS, INSTITUTING NECESSARY REFORMS, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6657, OTHERWISE KNOWN AS THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR. Approved on August 7, 2009.
64 Rules and Procedures Governing the Acquisition and Distribution of Agricultural Lands Under R.A. No. 6657, as amended by R.A. No. 9700. Issued on October 15, 2009.
65 GR. No. 211351, February 4, 2015, 750 SCRA 121.
66 Id. at 139.
67Rollo, pp. 101-103; 107-110.
68 Id. at 124.
69 Please see Secretary of the Department of Public Works and Highways and District Engineer Celestino R. Contreras v. Spouses Heracleo and Ramona Tecson, G.R. No. 179334, April 21, 2015.
70 Id.
71 Rate of Interest in the Absence of Stipulation, effective July 1, 2013.
72LBP v. Heirs of Jesus Alsua, supra note 65.