Time of Taking...

It is reminded to adhere strictly to the doctrine that just compensation must be valued at the time of taking. The "time of taking" is the time when the landowner was deprived of the use and benefit of his property, such as when the title is transferred to the Republic.

When the evidence received by the trial court are irrelevant to the issue of just compensation and in total disregard of the requirements provided under Section 17 of the Comprehensive Agrarian Reform Law, the Court is left with no evidence on record that could aid in the proper resolution of the case. While remand is frowned upon for obviating the speedy dispensation of justice, it becomes necessary to ensure compliance with the law and to give everyone - the landowner, the farmers, and the State - their due (Land Bank of the Philippines v. Enrique Livioco, G.R. No. 170685. September 22, 2010).

Procedure in Land Valuation on CARP covered lands

The Land Bank of the Philippines (LBP) is charged with the initial responsibility of determining the value of lands placed under land reform and the compensation to be paid for their taking. Once an expropriation proceeding or the acquisition of private agricultural lands is commenced by the DAR, the indispensable role of LBP begins. Based on the valuation of the land by the LBP, the DAR makes an offer to the landowner through a written notice. In case the landowner rejects the offer, a summary administrative proceeding is held and, afterwards, depending on the value of the land, the Provincial Agrarian Reform Adjudicator (PARAD), the Regional Agrarian Reform Adjudicator (RARAD), or the DARAB, fixes the price to be paid for the said land. If the landowner still does not agree with the price so fixed, he may bring the matter to the RTC, acting as Special Agrarian Court. The amount of "offer" which the DAR gives to the landowner as compensation for his land is based on the initial valuation by the LandBank and not the amount as determined by the PARAD, RARAD or DARAB (LBP v. Heirs of Trinidad S. Vda. de Arieta, rep. by Alicia Arieta, G.R. No. 161834. August 11, 2010).