Friday, October 3, 2014

JUSTICE PERALTA:

     The procedure for the determination of just compensation cases under R.A. No. 6657, as summarized in Land Bank of the Philippines vs. Banal, is that initially, the Land Bank is charged with the responsibility of determining the value of lands placed under land reform and the compensation to be paid for their taking under the voluntary offer to sell or compulsory acquisition arrangement. Thus, in determining just compensation, the RTC is required to consider the following factors: (1) the acquisition cost of the land; (2) the current value of the properties; (3) its nature, actual use, and income; (4) the sworn valuation by the owner; (5) the tax declarations; (6) the assessment made by government assessors; (7) the social and economic benefits contributed by the farmers and the farmworkers, and by the government to the property; and (8) the non-payment of taxes or loans secured from any government financing institution on the said land, if any. (Land Bank vs. Sps. Costo [2012], Peralta, J).

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.