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    Landbank of The Philippines V Orilla G.R. NO. 157206 June 27, 2008 Topic: Principle of Prompt Payment in Just Compensation Facts

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    Roi Red
    The Land Bank of the Philippines appealed a court order requiring it to immediately pay compensation to the Orilla spouses for expropriated land, even as the case was pending. The court upheld the order, ruling that prompt payment is essential to just compensation under the law. While it set aside the specific amount awarded by the lower court due to insufficient evidence, it reaffirmed the principle that payment is owed without delay to avoid unfairly depriving owners of the use of their property for many years during legal proceedings. The Land Bank was thus ordered to pay the initial valuation of 371,154.99 Philippine pesos to the Orillas, with any additional amount to be paid upon final judgment.

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    Landbank of The Philippines V Orilla G.R. NO. 157206 June 27, 2008 Topic: Principle of Prompt Payment in Just Compensation Facts

    Uploaded by

    Roi Red
    295 views2 pages
    The Land Bank of the Philippines appealed a court order requiring it to immediately pay compensation to the Orilla spouses for expropriated land, even as the case was pending. The court upheld the order, ruling that prompt payment is essential to just compensation under the law. While it set aside the specific amount awarded by the lower court due to insufficient evidence, it reaffirmed the principle that payment is owed without delay to avoid unfairly depriving owners of the use of their property for many years during legal proceedings. The Land Bank was thus ordered to pay the initial valuation of 371,154.99 Philippine pesos to the Orillas, with any additional amount to be paid upon final judgment.

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    The Land Bank of the Philippines appealed a court order requiring it to immediately pay compensation to the Orilla spouses for expropriated land, even as the case was pending. The court upheld the order, ruling that prompt payment is essential to just compensation under the law. While it set aside the specific amount awarded by the lower court due to insufficient evidence, it reaffirmed the principle that payment is owed without delay to avoid unfairly depriving owners of the use of their property for many years during legal proceedings. The Land Bank was thus ordered to pay the initial valuation of 371,154.99 Philippine pesos to the Orillas, with any additional amount to be paid upon final judgment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    295 views2 pages

    Landbank of The Philippines V Orilla G.R. NO. 157206 June 27, 2008 Topic: Principle of Prompt Payment in Just Compensation Facts

    Uploaded by

    Roi Red
    The Land Bank of the Philippines appealed a court order requiring it to immediately pay compensation to the Orilla spouses for expropriated land, even as the case was pending. The court upheld the order, ruling that prompt payment is essential to just compensation under the law. While it set aside the specific amount awarded by the lower court due to insufficient evidence, it reaffirmed the principle that payment is owed without delay to avoid unfairly depriving owners of the use of their property for many years during legal proceedings. The Land Bank was thus ordered to pay the initial valuation of 371,154.99 Philippine pesos to the Orillas, with any additional amount to be paid upon final judgment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    LANDBANK OF THE PHILIPPINES v ORILLA

    G.R. NO. 157206


    June 27, 2008
    Topic: Principle of Prompt Payment in just compensation

    FACTS

    Respondents spouses Placido and Clara Orilla were owners of a parcel of land in Bohol containing an
    area of 23.3416 hectares. On November 1996, spouses received a notice of land valuation and
    acquisition informing them of the compulsory acquisition of the 21.1289 hectares of their landholdings
    pursuant to the Comprehensive Agrarian Reform Law. The notice also informed the respondents that
    they shall be paid an amount of Php 371, 154.99 as just compensation. However, respondents rejected
    the offer and asked the Provincial Department of Agrarian Reform Adjudication Board (Provincial
    DARAB) to re-assess and determine the amount of just compensation. Unfortunately, PDARAB affirmed
    the initial valuation. Respondents then filed an action for the determination of just compensation before
    the Special Agrarian Court in Tagbilaran City. On November 20, court rendered a decision fixing the just
    compensation for the subject property at Php 1,479, 023.00. A notice of appeal was filed by the
    petitioner, which was countered by the respondents by filing a motion for execution pending appeal.
    Court granted the latter, which ordered the petitioner to deposit the aforementioned amount with any
    accessible bank immediately. In light of this court order, the petitioner filed another special civil action
    for certioriari and prohibition with prayer for issuance of a temporary restraining order and/or
    preliminary injunction. Nevertheless, on July 29, 2002 a decision assailed that the granting of execution
    was consistent with justice, fairness, and equity as respondents had been deprived of the used and
    possession of such property. On the same year, the decision of SAC with regard to the amount fixing the
    just compensation was set aside on the ground that there was no insufficient basis to support the land
    valuation. Yet, it reaffirmed the decision of immediate payment of the respondents regardless if the case
    was still pending.

    ISSUES

    Whether or not the Spouses Orilla were entitled to the execution pending appeal of the compensation
    fixed by SAC based on the principle of prompt payment of just compensation

    HELD

    Yes, the court ruled that without prompt payment, compensation cannot be considered as “just” as the
    property owner was made to suffer the consequence of being immediately deprived of his land while
    being made to wait for a decision that can last for many years. Therefore, petitioner LBP was ordered to
    release the amount of Php 371, 154.99 to the respondents—the initial amount of valuation. Whatever
    amount that may be in deficient shall be delivered upon finality of decision.

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