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).
No comments:
Post a Comment