[Agrarian Reform Law, Just Compensation]
1.) When the agrarian reform process is still incomplete as the just compensation due the landowner has yet to be settled, such just compensation should be determined and the process concluded under the law operating at the time it has been finally settled, with only the previous laws having suppletory effect.
2.) Just computation in expropriation proceedings is computed based on the value of the land at the time of the taking, not at the time of judgment. And the taking takes effect only when just compensation is actually paid to the landowners. That compensation is just a preliminary compensation based on the initial valuation by Land Bank until the court settles the issue of just compensation.
Section 7 of Republic Act No. 9700, further amending Section 17 of Republic Act No. 6657, as amended, states: "Section 7. Section 17 of Republic Act No. 6657, as amended, is hereby further amended to read as follows:"
"SEC.
17. Determination of Just Compensation. – In determining just
compensation, the cost of acquisition of the land, the value of the
standing crop, the current value of like properties, its nature, actual
use and income, the sworn valuation by the owner, the tax declarations,
the assessment made by government assessors, and seventy percent (70%)
of the zonal valuation of the Bureau of Internal Revenue (BIR),
translated into a basic formula by the DAR shall be considered, subject
to the final decision of the proper court. The social and economic
benefits contributed by the farmers and the farmworkers and by the
Government to the property as well as the nonpayment of taxes or loans
secured from any government financing institution on the said land shall
be considered as additional factors to determine its valuation."
3.) When payment of just compensation in agrarian cases is delayed, the interest imposed is 12% a year and not 6% as “the imposition is in the nature of damages for delay in payment which in effect makes the obligation on the part of the government one of forbearance.”
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