576 Phil. 234
CHICO-NAZARIO, J.:
WHEREFORE, premises considered, the instant Petition is PARTIALLY GRANTED. While the Decision, dated 12 February 2004, and Resolution, dated 21 June 2004, of the Court of Appeals in CA-G.R. SP No. 76222, giving due course to LBP's appeal, are hereby AFFIRMED, this Court, nonetheless, RESOLVES, in consideration of public interest, the speedy administration of justice, and the peculiar circumstances of the case, to give DUE COURSE to the present Petition and decide the same on its merits. Thus, the Decision, dated 25 September 2001, as modified by the Decision, dated 5 December 2001, of the Regional Trial Court of Tagum City, Branch 2, in Agrarian Cases No. 54-2000 and No. 55-2000 is AFFIRMED. No costs.[1]The fallo of the affirmed Decision of the Regional Trial Court (RTC) in Agrarian Cases No. 54-2000 and No. 55-2000, as it was originally promulgated on 25 September 2001, reads:
WHEREFORE, consistent with all the foregoing premises, judgment is hereby rendered by this Special Agrarian Court where it has determined judiciously and now hereby fixed the just compensation for the 1,388.6027 hectares of lands and its improvements owned by the plaintiffs: APO FRUITS CORPORATION and HIJO PLANTATION, INC., as follows:It was subsequently modified, as follows, by the RTC in an Order dated 5 December 2001:
First - Hereby ordering after having determined and fixed the fair, reasonable and just compensation of the 1,338.6027 hectares of land and standing crops owned by plaintiffs - APO FRUITS CORPORATION and HIJO PLANTATION, INC., based at only P103.33 per sq. meter, ONE BILLION THREE HUNDRED EIGHTY-THREE MILLION ONE HUNDRED SEVENTY-NINE THOUSAND PESOS (P1,383,179,000.00), Philippine Currency, under the current value of the Philippine Peso, to be paid jointly and severally to the herein PLAINTIFFS by the Defendants-Department of Agrarian Reform and its financial intermediary and co-defendant Land Bank of the Philippines, thru its Land Valuation Office;Second - Hereby ordering Defendants - DEPARTMENT OF AGRARIAN REFORM and/or LAND BANK OF THE PHILIPPINES, thru its Land Valuation Office, to pay plaintiffs-APO FRUITS CORPORATION and HIJO PLANTATION, INC., interests on the above-fixed amount of fair, reasonable and just compensation equivalent to the market interest rates aligned with 91-day Treasury Bills, from the date of the taking in December 9, 1996, until fully paid, deducting the amount of the previous payment which plaintiffs received as/and from the initial valuation;Third - Hereby ordering Defendants - DEPARTMENT OF AGRARIAN REFORM and/or LAND BANK OF THE PHILIPPINES, thru its Land Valuation Office, to pay jointly and severally the Commissioners' fees herein taxed as part of the costs pursuant to Section 12, Rule 67 of the 1997 Rules of Civil Procedure, equivalent to, and computed at Two and One-Half (2 ½) percent of the determined and fixed amount as the fair, reasonable and just compensation of plaintiffs' land and standing crops plus interest equivalent to the interest of the 91-Day Treasury Bills from date of taking until full payment;Fourth - Hereby ordering Defendants - DEPARTMENT OF AGRARIAN REFORM and/or LAND BANK OF THE PHILIPPINES, thru its Land Valuation Office, to pay jointly and severally the attorney's fees to plaintiffs equivalent to, and computed at ten (10%) Percent of the determined and fixed amount as the fair, reasonable and just compensation of plaintiffs' land and standing crops, plus interest equivalent to the 91-Day Treasury Bills from date of taking until the full amount is fully paid;Fifth - Hereby ordering Defendants - DEPARTMENT OF AGRARIAN REFORM and/or LAND BANK OF THE PHILIPPINES, thru its Land Valuation Office to deduct from the total amount fixed as fair, reasonable and just compensation of plaintiffs' properties the initial payment paid to the plaintiffs;Sixth - Hereby ordering Defendants - DEPARTMENT OF AGRARIAN REFORM and/or LAND BANK OF THE PHILIPPINES, thru its Land Valuation Office, to pay the costs of the suit; andSeventh - Hereby ordering Defendants - DEPARTMENT OF AGRARIAN REFORM and/or LAND BANK OF THE PHILIPPINES, thru its Land Valuation Office, to pay all the aforementioned amounts thru The Clerk of Court of this Court, in order that said Court Officer could collect for payment any docket fee deficiency, should there be any, from the plaintiffs.[2]
WHEREFORE, premises considered, IT IS HEREBY ORDERED that the following modifications as they are hereby made on the dispositive portion of this Court's consolidated decision be made and entered in the following manner, to wit:From the 6 February 2007 Decision of the Third Division, the Land Bank of the Philippines (LBP) filed an Omnibus Motion seeking the (a) reconsideration of the said decision; (b) referral of the case to the Supreme Court sitting en banc; and (c) setting of its motion for oral argument.[4]
On the Second Paragraph of the Dispositive Portion which now reads as follows, as modified:
Second - Hereby ordering Defendants - DEPARTMENT OF AGRARIAN REFORM and/or LAND BANK OF THE PHILIPPINES, thru its Land Valuation Office, to pay plaintiffs-APO FRUITS CORPORATION and HIJO PLANTATION, INC., interest at the rate of Twelve (12%) Percent per annum on the above-fixed amount of fair, reasonable and just compensation computed from the time the complaint was filed until the finality of this decision. After this decision becomes final and executory, the rate of TWELVE (12%) PERCENT per annum shall be additionally imposed on the total obligation until payment thereof is satisfied, deducting the amounts of the previous payments by Defendant-LBP received as initial valuation;On the Third Paragraph of the Dispositive Portion which Now Reads As Follows, As Modified: Third - Hereby ordering Defendants - DEPARTMENT OF AGRARIAN REFORM and/or LAND BANK OF THE PHILIPPINES, thru its Land Valuation Office, to pay jointly and severally the Commissioners' fees herein taxed as part of the costs pursuant to Section 12, Rule 67 of the 1997 Rules of Civil Procedure, equivalent to, and computed at Two and One-Half (2 ½) percent of the determined and fixed amount as the fair, reasonable and just compensation of plaintiffs' land and standing crops and improvements;On the Fourth Paragraph of the Dispositive Portion which Now Reads As follows, As Modified: Fourth - Hereby ordering Defendants - DEPARTMENT OF AGRARIAN REFORM and/or LAND BANK OF THE PHILIPPINES, thru its Land Valuation Office, to pay jointly and severally the attorney's fees to plaintiffs equivalent to, and computed at ten (10%) Percent of the determined and fixed amount as the fair, reasonable and just compensation of plaintiffs' land and standing crops and improvements.Except for the above-stated modifications, the consolidated decision stands and shall remain in full force and effect in all other respects thereof.[3]
WHEREFORE, premises considered, the Motion for Reconsideration is PARTIALLY GRANTED as follows:Consequently, all the parties sought reconsideration of the afore-quoted Resolution.
(1) The award of 12% interest rate per annum in the total amount of just compensation is DELETED.
(2) This case is ordered REMANDED to the RTC for further hearing on the amount of Commissioners' Fees.
(3) The award of attorney's fees is DELETED.
(4) The Motion for Referral of the case to the Supreme Court sitting En Banc and the request or setting of the Omnibus Motion for Oral Arguments are all DENIED for lack of merit. In all other respects, our Decision dated 6 February 2007 is MAINTAINED.[5]
WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court (Third Division), TO REFER this case to the Honorable Court sitting En Banc, and upon referral thereof, for this Honorable Court sitting En Banc to rule as follows:On the other hand, AFC and HPI filed their Motion for Partial Reconsideration of the Resolution dated 19 December 2007, based on the following grounds:
- ALLOW respondent LBP to file a Second Motion for Reconsideration on the issue of just compensation for subject properties, and ADMIT and CONSIDER the said motion in the resolution of the instant case;
- RECONSIDER the Resolution dated 19 December 2007 which affirmed the Special Agrarian Court's valuation for subject properties amounting to One Billion Three Hundred Eighty Three Million One Hundred Seventy Nine Thousand Pesos (Php1,383,179,000.00) which is almost TRIPLE the landowner-petitioners' offered sum of only Four Hundred Sixty Eight Million Pesos (Php468,000,000.00) as just compensation for subject properties under the Voluntary Offer to Sell (VOS) Scheme;
- AFFIRM in toto respondent LBP's revaluation for subject properties amounting to Four Hundred Eleven Million Seven Hundred Sixty Nine Thousand One Hundred Sixty Eight Pesos & 32/100 (Php411,769,168.32) as just compensation.[7]
PETITIONERS RESPECTFULLY SUBMIT THAT THE HONORABLE COURT MAY HAVE OVERLOOKED MATERIAL FACTS AND CIRCUMSTANCES AND THEREFORE ERRED IN NOT HOLDING THAT:While all the foregoing motions were still pending resolution, the LPB filed on 28 February 2008 a very urgent/verified motion/application for issuance of temporary restraining order/writ of preliminary injunction, praying that this Court -
- PETITIONERS' RECOURSE TO THE DARAB, AFTER REJECTING THE INITIAL VALUATIONS OF RESPONDENT LBP, IS WARRANTED UNDER EXISTING LAWS AND JURISPRUDENCE WHEN THE TWO COMPLAINTS FOR DETERMINATION OF THE JUST COMPENSATION WERE FILED ON 14 FEBRUARY 1997 WITH DARAB.
- AT THE VERY LEAST, LBP SHOULD BE MADE TO PAY TWELVE PERCENT (12%) INTEREST ON THE BALANCE OF P975,223,885.21 (REPRESENTING THE DIFFERENCE BETWEEN THE JUDGMENT AWARD OF P1,383,179,000.00 AND THE AMOUNT ALREADY PAID FOR THE SUBJECT PROPERTIES TOTALING P407,955,114.79.
II.
RESPONDENT LBP DELIBERATELY DELAYED THE PROCEEDINGS, THUS FAILED TO COMPLY WITH ITS CONSTITUTIONAL OBLIGATION TO MAKE A PROMPT AND FULL PAYMENT OF JUST COMPENSATION; THIS FACT ALONE SHOULD WARRANT THE AWARD OF ATTORNEYS' FEES.[8]
a) ISSUE a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction, to enjoin during the pendency of the proceedings and until the issue raised on appeal and the amount of just compensation of subject property are finally resolved, Hon. Justino G. Aventurado, Judge, Regional Trial Court of Tagum City, Davao del Norte, Branch 2, Sheriffs and/or all persons acting on his behalf, from executing the Partial Writ of Execution implementing the Resolution dated 19 December 2007.On 12 March 2008, this Court issued a Temporary Restraining Order -
b) QUASH or INVALIDATE the Notices of Garnishment dated 27 February 2008 and similar notices covering "goods, effects, interests, credits, monies, stocks, shares, any interests in shares and stocks, and any other personal properties" in the name of respondent LBP which are in the possession of the Treasurer of the Philippines, Deutsche Bank, and other financial institutions.[9]
[E]njoining Hon. Justino G. aventurado, Judge, Regional Trial Court of Tagum City, Davao del Norte, Branch 2, Sheriffs and all persons acting on his behalf from implementing the Partial Writ of Execution dated 26 February 2008 effective immediately and to DIRECT the parties and all concerned to MAINTAIN the STATUS QUO prior to the issuance of the notice of Garnishment to different financial institutions or entities dated 27 February 2008 until further orders from this Court.[10]The Court shall now resolve the pending motions of LBP, AFC and HPI.
As to LBP's Omnibus Motion for Reconsideration of the Resolution dated 19 December 2007 denying its Motion for the referral of the case to the Supreme Court en banc, LBP argues that the reversal of the Supreme Court's rulings in Land Bank of the Philippines v. Sps. Banal,[11] Land Bank of the Philippines v. Celada[12] and Land Bank of the Philippines v. Lim,[13] constitute a clear and significant constitutional issue that should be passed upon by this Court sitting en banc pursuant to Article VIII, Section 4(2) of the 1987 Constitution mandating that "no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc."The argument of LBP is without basis.
[I]t is abundantly clear that this case does not in any way modify or reverse our holdings in Land Bank of the Philippines v. Banal and Land Bank of the Philippines v. Celada. To reiterate, in Land Bank of the Philippines v. Celada, the RTC acting as SAC arrived at the determination of just compensation based only on one single factor, namely, its observation that there was a patent disparity between the price given to the landowner as compared to the other landowners in that case. This is not true in the present case as we have repeatedly held that the RTC acting as SAC considered all material and relevant factors to arrive at a correct and proper determination of just compensation. On the other hand, in Land Bank of the Philippines v. Banal, the valuation of the RTC acting as SAC was set aside for the reason that the same was arrived at without a hearing and based only on the memoranda of the parties. In this case, the trial court conducted several hearings and ocular inspections before it rendered its decision.[14]Similarly, the Resolution dated 19 December 2007 of the Third Division, refusing to reconsider its Decision dated 6 February 2007, on the just compensation due to AFC and HPI, does not effectively reverse the Court's en banc Decision in Lim,[15] contrary to the persistent averment of the LBP.
Necessarily, the Court LIFTS the Temporary Restraining Order it issued dated 12 March 2008. Let entry of judgment be made in this case in due course.
- The Omnibus Motion for Reconsideration of Land Bank of the Philippines, for being a second motion for reconsideration, which is a prohibited pleading; and
- The Motion for Partial Reconsideration of Apo Fruits Corporation and Hijo Plantation, Inc., for being without merit.