Case No. 11 HernandoBar
Case No. 11 GR No. 217492 2021-10-04
PHILIPPINE VETERANS BANK v. BASES CONVERSION
✍️👨⚖️HERNANDO, J.
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| Cases penned by Justice Ramon Paul L. Hernando PART 1 case no. 1 to 40 [FULLTEXT].pdf |
Doctrine.
• It is settled that the requirement of just compensation is not satisfied by the mere deposit with any accessible bank of the provisional compensation determined by the LBP or the DAR, and its subsequent release to the landowner after compliance with the legal requirements set forth by RA 66.57. What is material is the fact that the landowner remains unpaid notwithstanding the taking of the property.
• Just compensation is the "equivalent for the value of the property at the time of its taking. Anything beyond that is more and anything short of that is less, than just compensation. It means a fair and full equivalent for the loss sustained, which is the measure of the indemnity, not whatever gain would accrue to the expropriating authority." In other words, the measure of just compensation "is not the taker's gain but the owner's loss."
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• The State's obligation to compensate the landowner arises only if the owner suffered a loss in the hands of the State. Just compensation must not extend beyond the property owner's loss or injury. Even as undervaluation would deprive the owner of his property without due process, so too would its overvaluation unduly favor him to the prejudice of the public. In this manner, the compensation to be paid is truly just, not only for the owner whose property was taken, but also to the public who bears the cost of expropriation.
• It is the ministerial duty of the Registry of Deeds to register the title of the land in the name of the Republic of the Philippines, after the Land Bank of the Philippines (LBP) has certified that the necessary deposit in the name of the landowner constituting full payment in cash or in bond with due notice to the landowner and the registration of the certificate of land ownership award issued to the beneficiaries, and to cancel previous titles pertaining thereto.
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Cases penned by Justice Ramon Paul L. Hernando PART 1 case no. 1 to 40 [FULLTEXT].pdf
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