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    LBP v. Rural Bank Hermosa

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    Mit Skro
    The respondent owned two parcels of agricultural land totaling 2.1718 hectares covered by land titles. The respondent voluntarily offered to sell the land to the government under the Comprehensive Agrarian Reform Program. The Land Bank of the Philippines valued the land at 28,282.09 pesos using the valuation formula in the Department of Agrarian Reform's administrative order. The respondent rejected this valuation and filed a petition with the Regional Trial Court sitting as a Special Agrarian Court seeking a determination of just compensation. The court found the LBP's valuation too low and unrealistic, and instead fixed the just compensation at 30 pesos per square meter based on testimony about the land's location and accessibility.

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    LBP v. Rural Bank Hermosa

    Uploaded by

    Mit Skro
    21 views1 page
    The respondent owned two parcels of agricultural land totaling 2.1718 hectares covered by land titles. The respondent voluntarily offered to sell the land to the government under the Comprehensive Agrarian Reform Program. The Land Bank of the Philippines valued the land at 28,282.09 pesos using the valuation formula in the Department of Agrarian Reform's administrative order. The respondent rejected this valuation and filed a petition with the Regional Trial Court sitting as a Special Agrarian Court seeking a determination of just compensation. The court found the LBP's valuation too low and unrealistic, and instead fixed the just compensation at 30 pesos per square meter based on testimony about the land's location and accessibility.

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    The respondent owned two parcels of agricultural land totaling 2.1718 hectares covered by land titles. The respondent voluntarily offered to sell the land to the government under the Comprehensive Agrarian Reform Program. The Land Bank of the Philippines valued the land at 28,282.09 pesos using the valuation formula in the Department of Agrarian Reform's administrative order. The respondent rejected this valuation and filed a petition with the Regional Trial Court sitting as a Special Agrarian Court seeking a determination of just compensation. The court found the LBP's valuation too low and unrealistic, and instead fixed the just compensation at 30 pesos per square meter based on testimony about the land's location and accessibility.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    21 views1 page

    LBP v. Rural Bank Hermosa

    Uploaded by

    Mit Skro
    The respondent owned two parcels of agricultural land totaling 2.1718 hectares covered by land titles. The respondent voluntarily offered to sell the land to the government under the Comprehensive Agrarian Reform Program. The Land Bank of the Philippines valued the land at 28,282.09 pesos using the valuation formula in the Department of Agrarian Reform's administrative order. The respondent rejected this valuation and filed a petition with the Regional Trial Court sitting as a Special Agrarian Court seeking a determination of just compensation. The court found the LBP's valuation too low and unrealistic, and instead fixed the just compensation at 30 pesos per square meter based on testimony about the land's location and accessibility.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Respondent is the registered owner of two (2) parcels of agricultural land situated in

    Saba, Hermosa, Bataan, with a total area of 2.1718 hectares, covered by Transfer
    Certificate of Title (TCT) Nos. T-114713 6 and T-114714.7 Respondent voluntarily offered
    to sell (VOS) the same to the government but only the subject land was acquired, and
    placed under the Comprehensive Agrarian Reform Program (CARP) pursuant to Republic
    Act No. (RA) 6657,8 as amended.9

    Petitioner the Land Bank of the Philippines (LBP) valued the subject land at
    P28,282.0910 using the formula under Department of Agrarian Reform (DAR)
    Administrative Order No. (AO) 17, Series of 1989, 11 as amended by DAR AO 03, Series
    of 1991 (DAR AO 17, Series of 1989, as amended), 12i.e.,  LV = (CNI x .70) + (MV x .
    30),13 but respondent rejected the said valuation, prompting the LBP to deposit the
    said amount in the latter's name.14

    After the summary administrative proceedings for the determination of just


    compensation, the Office of the Provincial Adjudicator of Dinalupihan, Bataan rendered
    a Decision15 dated December 13, 1994 in DARAB Case No. 035-92 adopting the LBP's
    valuation.16 Respondent moved for reconsideration,17 which was, however, denied in an
    Order18 dated August 8, 1995.

    Dissatisfied, respondent filed before the RTC, sitting as a Special Agrarian Court (SAC),
    a petition19 seeking the determination of just compensation for the subject land, or in
    the alternative, to be allowed to withdraw its VOS should the valuation arrived at be
    unacceptable to it.20

    The RTC Ruling

    In a Decision21 dated June 19, 2006, the RTC found the LBP's valuation as too low and
    unrealistic, and based on a mere government valuation policy and not on its market
    value as reflected on the tax declarations for the two (2) parcels of land. It gave
    credence to the testimony of the geodetic engineer who made the relocation survey and
    claimed that he would be willing to pay the price of P30.00 per sq. m. therefor
    considering its accessibility to the national road and its location which is a mere ½
    kilometer away from a school and about 50 meters away from a Catholic church.
    Consequently, it fixed the just compensation for the subject land at P30.00 per sq. m. 22

    The LBP moved for reconsideration,23 which was, however, denied in an Order24 dated


    October 4, 2006.

    Unperturbed, the LBP elevated the matter before the CA.25

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