G.R. No. 183279 - LAND BANK OF THE PHILIPPINES, VS. DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD AND HEIRS OF VICENTE ADAZA, HEIRS OF ROMEO ADAZA, AND HEIRS OF CESAR ADAZA, REPRESENTED BY RUSSEL ADAZA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , x x x order is hereby issued affirming the recomputed valuation of the covered landholding in the sum of P3,426,153.80 to be in accordance with the latest applicable administrative order and guidelines, without prejudice to the right of the [Adazas] to appeal, or go to the Special Agrarian Court whenever proper. [6] The Adazas found the reevaluated amount level still too low, prompting them to appeal to the DARAB, docketed as DARAB Case No. 13719LV. Pending resolution of their appeal, the Adazas interposed a Motion to Withdraw Amended Valuation [7] on August 9, 2005, seeking the release to them of the amount representing the difference between the initial valuation and the second valuation. The Adazas alleged having long been dispossessed of the subject property, while the farmer-beneficiaries installed on it are enjoying full possession of it. In its Comment [8] dated October 6, 2005, the LBP disputed the Adazas' right to lay claim on the recomputed valuation, and, at the same time, questioned the legality of their right before the DARAB. Thus, pending finality of the resolution setting just compensation, the LBP added, no execution shall lie insofar as the incremental value is concerned. By Order [9] dated January 2, 2006, the DARAB granted the motion to withdraw amended valuation, with a directive to its Secretariat to issue the necessary writ of execution, on the strength of the ensuing ratiocination: Execution pending appeal is allowed when superior circumstances demanding urgency outweigh the damages that may result from the issuance of the writ. [The Adazas] were already deprived of the beneficial ownership of the subject landholding effective December 1992. x x x To the mind of this Board, the long years of waiting by the [Adazas] for the final determination of just compensation of the subject landholding outweighs the damages that may result from the issuance of the writ of execution pending appeal. Staying the execution of the 23 May 2005 Decision of the Adjudicator a quo who affirmed the valuation made by the LBP, would bring more injustice to [the Adazas]. x x x Besides, Section [1] 6 of RA 6657 does not make a distinction as to initial valuation or amended valuation made by the LBP. Any valuation made by the LBP on CARP-covered land is made pursuant to Executive Order No. 405, Series of 1990. LBP then moved for reconsideration, but the DARAB, per its Order [10] of March 14, 2006, denied the motion and reiterated its earlier directive on the issuance of a writ of execution. Therefrom, the LBP went to the CA on certiorari under Rule 65. Ruling of the Appellate Court By Decision dated December 14, 2007, as effectively reiterated in a Resolution of June 3, 2008, the CA found the allegations on grave abuse of discretion on the part of the DARAB to be baseless and accordingly denied the LBP's petition for certiorari, disposing: WHEREFORE , the petition is DENIED . The assailed Orders of the DARAB dated January 2, 2006 and March