Monday, July 12, 2010

Withdrawal of land valuation pending appeal


Under the CARP Law, landowners are entitled to withdraw the amount deposited in their behalf pending the final resolution of the case involving the final valuation of their property. Land Bank's argument that by allowing withdrawal of the incremental amount, the government may be placed at a losing end, citing the possibility that the recomputed amount may be more than the just compensable value of the [land] taken, is specious. Land Bank's lament about the impropriety of what amounts to the DARAB allowing execution pending appeal without requiring the [landowner] to post a bond does not persuade. To the DARAB, "there is no more ground more meritorious than the [landowners'] agony of waiting for a long period of time to have their properties valued" (LBP v. DARAB, et al, G.R. No. 183279. January 25, 2010).

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