Thursday, September 30, 2010

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).

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