CHAPTER VI: JUST COMPENSATION

Procedure for determination of just compensation

Valuation set by the DAR not conclusive

Role of the DARAB

Land valuation factors

Reckoning of valuation

Doc reqts for voluntary offers for sale

Voluntary transfer no longer allowed (after 6/30/09)

voluntary offer to sell

compulsory acquisition

title or proof of ownership, if untitled

tax declaration

approved survey plan

market value - based on tax declaration

comparable sales - based on 70% of the BIR zonal value

capitalized net income - based on land use and productivity

title is transferred in the name of beneficiaries

agricultural lands are voluntarily offered by a LO and approved by PARC for coverage through the stock distribution scheme

title is transferred to the RP

DAR makes an offer to the LO

LO rejects - DAR conducts a summary admin proceeding to determine the compensation

LB determines the value of the lands

LO disagrees - LO brings the matter to the RTC designated as a Special Agrarian Court for final determination of just compensation

Regional Agrarian Reform Adjudicators - 10M ↔ 50M

DAR Adjudication Board - ⬆ 50M

Provincial Agrarian Reform Adjudicators - initial land valuation of the LB is ⬇ 10M

LO files an orig action w the SAC w/in 15 days from receipt of the Board/Adjudicator's decision

LO file a notice of filing of orig action w/ the board/adjudicator, together w/ a certified true copy of the petition filed w/ the SAC