Land Bank of the Philippines v.

Raymunda Martinez
G.R. No. 169008 14 Aug 2007

FACTS: This case is a petition for review on certiorari under Rule 45 of the Rules of Court assailing
the both denied petition and motion of reconsideration of the petitioner bank dated 28 September
2004 and 15 July 2005 respectively.

After compulsory acquisition by the DAR, on November 16, 1993, of respondent Martinez’s 62.5369-
hectare land in Barangay Agpudlos, San Andres, Romblon, pursuant to RA 6657 (CARL), petitioner Land
Bank of the Philippines (LBP) offered ₱1,955,485.60 as just compensation. However, respondent
Raymunda rejected it in the belief that it was unjust and confiscatory. Thus, the Department of
Agrarian Reform Adjudication Board (DARAB), through its Provincial Agrarian Reform Adjudicator
(PARAD) conducted summary administrative proceedings for the preliminary determination of just
compensation in accordance with CARL.

On September 4, 2002, PARAD Virgilio M. Sorita, finding some marked inconsistencies in the figures
and factors made as bases by LBP in its computation, rendered judgment ordering the LBP to pay
landowner-protestant the total amount of Php12,179,492.50.

A petition for the fixing of just compensation was then filed by LBP’s counsel before the Special
Agrarian Court (SAC), the RTC of Odiongan, Romblon. After filing her answer to the said petition,
respondent, contending that the orders, rulings and decisions of the DARAB become final after the
lapse of 15 days from their receipt, moved for the dismissal of the petition for being filed out of time.
Petitioner opposed the motion.

ISSUE: W/N the PARAD, in this case, gravely abused its discretion when it issued a writ of execution
despite the pendency of LBP’s petition for fixing of just compensation with the SAC.

HELD: No. The petitioner is not entitled to the grant of a writ of certiorari by the appellate court
because the Office of the PARAD did not gravely abuse its discretion when it undertook to execute
the September 4, 2002 decision. Rule XIII, Section 11 of the DARAB Rules of Procedure, which was
then applicable, provides that:
Section 11. Land Valuation and Preliminary Determination and Payment of Just
Compensation. - The decision of the Adjudicator on land valuation and preliminary
determination and payment of just compensation shall not be appealable to the Board but
shall be brought directly to the Regional Trial Courts designated as Special Agrarian Courts
within fifteen (15) days from receipt of the notice thereof. Any party shall be entitled to
only one motion for reconsideration.

FALLO: WHEREFORE, premises considered, the appeal is DENIED. The decision of the Court of
Appeals in CA-G.R. SP No. 83276 is AFFIRMED.

Gist of the case: The agrarian reform adjudicator’s decision on land valuation attains finality after the
lapse of the 15-day period stated in the DARAB Rules. The petition for the fixing of just compensation
should therefore, following the law and settled jurisprudence, be filed with the SAC within the said
period. Following settled doctrine, the Court ruled in this case that the PARAD’s decision had already
attained finality because of LBP’s failure to file the petition for the fixing of just compensation within
the 15-day period.