THE Supreme Court has ordered the state-owned Landbank of the
Philippines to pay Davao del Norte landowners P1.38 billion as just compensation
for voluntarily offering some 1,388.6 hectares of land to the Comprehensive
Agrarian Reform Program.
The SC Third Division dismissed Landbank’s second motion for
reconsideration and its request to refer the case to the Supreme Court en banc.
The high court also assailed the DAR Adjudication Board (DARAB),
an agency of the DAR assigned to determine just compensation for lands acquired
under the Comprehensive Agrarian Reform Law, for sitting on the complaints for
determination of just compensation filed by Apo Fruits Corp. (AFC) and Hijo
Plantation Inc. (HPI). The SC said DARAB failed and refused to render a decision
on the valuation of the subject parcels of land despite the lapse of more than
three years, prompting AFC and HPI to elevate the complaints before the Tagum
RTC.
However, the Court denied AFC and HPI’s motion for partial
reconsideration seeking the Court’s re-imposition of the 12 percent interest on
the balance of P95.2 million, representing the difference between the judgment
award of P1.38 billion and the amount already paid for the subject properties.
Based on court records, AFC and HPI voluntarily offered to
sell two parcels of land in San Isidro, Tagum with an aggregate area of 640.3483
hectares and three parcels of land with a total area of 814.5308 hectares,
respectively.
On Oct. 16, 1996, AFC and HPI received separately from the
DAR’s Provincial Reform Officer (PARO) of Davao province a notice of land
acquisition and valuation, informing AFC that the value of the properties had
been placed at P86.9 million while HPI’s properties were valued at P164.4
million. Both AFC and HPI found the valuations unreasonably low and inadequate
as just compensation for the properties.
In a December 2007 resolution, the Court affirmed the Special
Agrarian Court’s valuation of P1.38 billion for the 1,388.602 hectares of land
owned by AFC and HPI. – Evangeline C. de Vera