Law Summary
Legal Basis for Determination of Just Compensation
- Section 17 of RA 6657 outlines criteria for determining just compensation, including:
- Cost of acquisition of the land
- Current value of similar properties
- Nature, actual use, and income derived
- Owner's sworn valuation
- Tax declarations and government assessor valuations
- Additional factors include social and economic improvements made by farmers, farm-workers, and the government, as well as non-payment of taxes or loans secured from government financing institutions.
Valuation and Compensation Procedures
- Section 18 of RA 6657 mandates that LBP shall compensate landowners based on agreed amounts with DAR and relevant criteria; failing agreement, compensation may be court-determined.
- The LBP employs commercial banking professionals skilled in agricultural property appraisals to aid in valuation.
Role of the Department of Agrarian Reform
- The DAR retains responsibility for identifying priority landholdings for coverage under the Comprehensive Agrarian Reform Program (CARP).
- DAR must cooperate with LBP and use its valuation determinations in acquisition and distribution of lands.
Manpower Augmentation for Implementation
- The LBP is authorized to augment its human resources to effectively implement its valuation and compensation responsibilities under this Executive Order.
Protection of Legal Rights
- This Executive Order does not diminish or impair the rights and remedies enjoyed by landowners or agrarian reform beneficiaries under the Comprehensive Agrarian Reform Law.
Effectivity
- The Executive Order takes effect immediately upon issuance, ensuring prompt operationalization of the land valuation and compensation process under CARP.