Case Digest (G.R. No. 183279)
Facts:
The case involves the Land Bank of the Philippines (LBP) as the petitioner and the Department of Agrarian Reform Adjudication Board (DARAB) along with the heirs of Vicente, Romeo, and Cesar Adaza, represented by Russel Adaza, as respondents. The dispute centers around a 359-hectare tract of land located in Patagan, Manukan, Zamboanga del Norte, covered by Transfer Certificate of Title No. T-42963. In August 1991, the Department of Agrarian Reform (DAR) identified a 278.4092-hectare portion of this land for compulsory acquisition under the Comprehensive Agrarian Reform Program (CARP) as mandated by Republic Act No. 6657. The LBP assigned an initial valuation of PhP 786,654.46 for the land, which the Adazas rejected as unreasonably low. Consequently, the DAR ordered the LBP to deposit this amount, allowing the Adazas to access it while retaining their right to contest the valuation.
In December 1992, the DAR subdivided the property and distributed it to beneficiaries. Followi...
Case Digest (G.R. No. 183279)
Facts:
Ownership and Land Coverage
Private respondents, the heirs of Vicente, Romeo, and Cesar Adaza, represented by Russel Adaza, owned a 359-hectare land in Patagan, Manukan, Zamboanga del Norte, covered by Transfer Certificate of Title No. T-42963. The Department of Agrarian Reform (DAR) identified 278.4092 hectares as suitable for compulsory acquisition under the Comprehensive Agrarian Reform Program (CARP) pursuant to Republic Act No. 6657 (CARP Law).
Initial Valuation and Rejection
In August 1991, the DAR sent a notice of coverage, and the Land Bank of the Philippines (LBP) valued the land at PhP 786,654.46. The Adazas rejected this offer, deeming it unreasonably low. The DAR deposited the amount, which the Adazas withdrew without prejudice to their right to a final determination of just compensation. The land was subsequently subdivided and distributed to beneficiaries in December 1992.
Revaluation and Appeal
In 2003, the Provincial Agrarian Reform Adjudicator (PARAD) ordered the LBP to revalue the land, resulting in a new valuation of PhP 3,426,153.80. The Adazas appealed this amount to the DARAB, seeking the release of the incremental difference. The DARAB granted their motion, ordering the release of the amount pending appeal.
Issue:
The primary issue was whether the DARAB could order the release of the incremental difference in the LBP's revaluation by way of execution pending appeal, despite the absence of final approval from the DAR.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)