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Whether or not the deposit may be made in other forms besides cash or Land Bank
RULING:
No.Clearly DAR overstepped the limits of its power to enact rules and regulations
when it issued . There is no basis in allowing the opening of trust fund account in behalf of
the landowner as compensation for his property because Sec. 16-e of RA 6657 is very
specific that the deposit must be made in CASH or in LBP bonds only. If it were the
intention to include a trust account among modes of deposit that should have been made
express.
The ruling of Association of Small landowners case merely recognized the
extraordinary nature of the expropriation to be undertaken under RA6657 thereby allowing a
deviation from the traditional mode of payment of compensation and recognized payment
other than cash. It did not dispense with the settled rule that there must be full payment of
just compensation before the tittle to the expropriated property is transferred.
ISSUE:
Whether or not there should be a distinction the deposit of compensation and determination
of just compensation.
RULING:
To withhold the right of the landowners to appropriate the amounts already
deposited in their behalf as compensation for their properties simply because ther rejected
the DARs valuation and that they havealready been deprived of the possession and the use
of such property is an oppressive exercise of eminent domain. It is unnecessary to
distinguish between deposit of compensation under Sec. 16-e and the determination of just
compensation under Sec. 18 for purposes of exercising the landowners right to appropriate
the same. The immediate effect in both situations is the same as the landowner is deprived
of the use and possession of his property for which he should be fairly and immediately
compensated.