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What is just compensation?

Just compensation is a term most commonly used in expropriation cases, and is defined "as the
full and fair equivalent of the property taken from its owner by the expropriator. The Supreme
Court has pronounced it the true measure of such as not the taker's gain but the owner's loss.
Further, the word 'just' is used to modify the meaning of the word 'compensation' to convey the
idea that the equivalent to be given for the property to be taken shall be real, substantial, full and
ample. [Apo Fruits Corporation v. Land Bank of the Philippines. 647 Phil. 251 (2010)]
 
Which agencies make the determination of the value of the land?

The initial land valuation computations are made by the Land Bank of the Philippines (LBP) and
the Department of Agrarian Reform (DAR), and in doing so they must follow administrative
orders and other issuances of the DAR Secretary and LBP. After such, preliminary proceedings
of land valuation for the purpose of the determining just compensation for acquisition is then
conducted by the Provincial Agrarian Reform Adjudicators (PARAD), Regional Agrarian
Reform Adjudicators (RARAD), and Department of Agrarian Reform Adjudication Board
(DARAB) of the DAR. Adjudicator is assigned based on the initial land valuation. For lands
with initial land valuation of less than P10,000,000.00, preliminary proceedings shall be
conducted by the PARAD. For lands with initial land valuation of less than P50,000,000.00,
preliminary proceedings shall be conducted by the RARAD. For lands with initial land valuation
of more than P50,000,000.00, preliminary proceedings shall be conducted by the DARAB. [Rule
XIX, Secs. 1-2, 2009 DARAB Rules of Procedure]
 
What is the role of the special agrarian court in the determination of just compensation?

An action may be filed by a party who disagrees with the valuation of the Board or Adjudicator,
with the Special Agrarian Court (SAC) having jurisdiction over the subject property. The SAC
for final determination of just compensation, it serves as a forum of last resort for those who
desire for a re-computation of just compensation. [Rule XIX, Sec. 6, 2009 DARAB Rules of
Procedure]

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