LAND BANK OF THE PHILIPPINES, vs. COURT OF APPEALS, PEDRO L. YAP, HEIRS OF EMILIANO F. SANTIAGO, AGRICULTURAL MANAGEMENT & DEVELOPMENT CORP. .
- G.R. Number: G.R. No. 118712
- Promulgated: 1995-10-06
- Ponente: Francisco, J.
Doctrine
Payment other than cash may be recognized in extraordinary agrarian-expropriation contexts, but full payment of just compensation must precede transfer of title; deviations cannot dispense with the rule of full payment.
Just compensation requires not only correct determination of amount but prompt payment within a reasonable time; without prompt payment, compensation is not 'just'.
Facts
DAR issued an administrative order allowing opening of trust accounts in Land Bank in lieu of deposits in cash or bonds for compensation under RA 6657.
Petitioners challenged the DAR Administrative Order and sought relief against respondent Landbank regarding disposition of compensation funds.
Private respondents filed a motion to dismiss an appeal in G.R. No. 118745; the Court denied the motion and required filing of comments.
A core factual dispute was whether private respondents could withdraw amounts deposited in trust for them pending final valuation of their properties.
Issues
Whether DAR Administrative Order No. 9, Series of 1990 is valid insofar as it allows opening of trust accounts in lieu of deposits in cash or bonds.
Whether respondent Landbank may 'earmark', 'reserve' or 'deposit in trust' compensation funds instead of making actual deposits in cash or government securities for landowners under RA 6657.
Whether private respondents are entitled to withdraw amounts deposited in trust on their behalf pending final resolution of cases involving final valuation of their properties.
Ruling
The Petition for Certiorari and Mandamus is GRANTED: DAR Administrative Order No. 9, Series of 1990 is declared null and void insofar as it provides for opening of trust accounts in lieu of deposits in cash or bonds.
Respondent Landbank is ordered to immediately deposit — not merely 'earmark', 'reserve' or 'deposit in trust' — with an accessible bank designated by DAR, in the names of the petitioners, the amounts in cash and government financial instruments within parameters of Sec. 18(1) of RA 6657.
Separately, in the related proceeding referenced, the petition was denied for lack of merit and the appealed decision was affirmed in toto.
Keywords
G.R. No. 118712, G.R. No. 118745, agrarian dispute, social justice, Petition for Certiorari and Mandamus, DAR Administrative Order No. 9, Series of 1990, DAR Administrative Order No. 6, Series of 1992, just compensation, Republic Act No. 6657 (CARL), Section 18 (1) of RA 6657, Section 16 (e) of RA 6657, trust accounts, cash and government financial instruments, Land Bank of the Philippines, Department of Agrarian Reform, landbank, compensation, amadcor, amount, emiliano