Monday, April 16, 2012

Determination of Just Compensation, a judicial function

Although a law may suggest or provide a method or formula to be used in determining the value of expropriated properties or just compensation, the value arrived at in applying it is not and should not be considered final and absolute. No law can deprive the courts of the power to review, alter, or modify the amount arrived at if they believe it to be unfair or unjust. The final determination of the proper amount of compensation still rests upon the court.
If the issue of just compensation is not settled prior to the passage of the Comprehensive Agrarian Reform Law (RA6657), as amended, it should be computed in accordance with the said law, although the property was acquired under Presidential Decree No. 27.

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