G.R. No. 215234 - LAND BANK OF THE PHILIPPINES, VS. SPOUSES JUANCHO AND MYRNA NASSER.RESOLUTION - Supreme Court E-Library

Ruling

Accordingly, respondents voluntarily offered to sell their parcel of land. [5] Vested with the authority to determine valuation and compensation of all lands placed under CARP coverage under Executive Order (E.O.) No. 405, Republic Act (R.A.) No. 6657, and Department of Agrarian Reform Administrative Order (A.O.) No. 5, series of 1998 (DAR A.O. No. 5) (1998), petitioner valued the subject property in the amount of P181,177.04, using the formula LV = (MV x 0.1) + (CNI x 0.9) + CDC , broken down as follows: LV= (P28,000/has x 0.9) + (P21,526.85 x 0.1) + P19,240.36 Unit Land Value = P46,593.04/hectare = P46,593.04 x 3.8885 hectares Total Land Value = P181,177.04 [6] Unsatisfied, respondents rejected the valuation of petitioner. Consequently, summary proceedings for the valuation of the subject property were conducted before the Department of Agrarian Reform Adjudication Board (DARAB) Office of the Provincial Adjudicator in Davao City. [7] Pursuant to a letter-request from Myrna Nasser, Tree Markers of the Department of Environment and Natural Resources (DENR) Region XI of Lupon, Davao Oriental, issued a Memorandum to the Officer-in-Charge of the Community Environment and Natural Resources Office (CENRO), Region XI-2D, Lupon, Davao Oriental, stating that the subject property is planted with about 4,000 standing mahogany trees of varying diameter classes that can generate an aggregate volume of 57.544 cubic meters of sawn lumber. [8] In a Decision [9] dated August 26, 2000, the Regional Adjudicator of the DARAB adopted petitioner's valuation, citing compliance with existing guidelines as the sole reason therefor. Thus: WHEREFORE, premises considered, the Land Bank of the Philippines' computation/valuation for payment of just compensation in the amount of One Hundred Eighty One Thousand One Hundred Seventy Seven Pesos and 4/100 (P81,177.04) as the total amount due to the landowner is sustain (sic) as appropriate JUST COMPENSATION for the land. SO ORDERED.