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