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SC affirms ruling ordering bank to pay compensation

[ Manila Bulletin Online ] May 7, 2008

The Supreme Court (SC) has declared final its Dec. 19, 2007 resolution that affirmed its Feb. 6, 2007 decision requiring the Land Bank of the Philippines (LBP) to pay P1.38 billion as just compensation for 1,388.6 hectares of land in Davao del Norte offered by the owners for the government’s Comprehensive Agrarian Reform Program (CARP).

In a resolution written by Justice Minita V. Chico Nazario, the SC treated LBP’s omnibus motion as a second motion for reconsideration which is a prohibited pleading under the rules.

"The omnibus motion of LBP, to the extent that it seeks reconsideration of the amount of just compensation which the court affirmed in its decision dated Feb. 6, 2007, is a second motion for reconsideration, because the court already denied an identical prayer in its previous resolution dated Dec. 19, 2007. Thus, the prayer of LBP for leave to file a second motion for reconsideration must be denied for a second motion for reconsideration is a prohibited pleading," the SC ruled.

In its omnibus motion, LBP insisted that the re-evaluated value of the land owned by Apo Fruits Corp. (APC) and Hijo Plantation Inc. (HPI) that was offered to CARP was only R411.6 million.

It then sought a reversal of the SC’s decision that affirmed the Special Agrarian Court’s valuation of R1.38 billion for the 1,388.6 hectares of land.

Aside from denying the omnibus motion, the SC also junked LBP’s motion to refer the case to the full court.

"The Supreme Court sitting en banc is not an appellate court vis-à-vis its divisions, and it exercises no appellate jurisdiction over the latter. Each division of the court is considered not a body inferior to the court en banc, and sits veritably as the court en banc itself," it stressed.

In its Dec. 19, 2007 resolution, the SC affirmed the order of the Tagum City Regional Trial Court (RTC) directing LBP to pay R1.38 billion to APC and HPI.

Landowners AFC and HPI voluntarily offered to sell to the government two parcels of land in San Isidro, Tagum City with an aggregate area of 640.3 hectares and three parcels of land with a total area of 814.5 hectares, respectively. (Rey G. Panaligan)
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