gr_171836_2017

DEL CASTILLO, J.:

On August 11, 2014, the Court issued a Decision1 in the instant case, decreeing as follows: WHEREFORE, the Court resolves as follows: 1. The Petition in G.R. No. 171836 is DENIED. The assailed September 23, 2004 Decision and February 22, 2006 Resolution of the Court of Appeals in CA-G.R. SP: No. 80678 are AFFIRMED; 2.

The Petition in G.R. No. 195213 is GRANTED IN PART. The assailed July 27, 2010 Consolidated Decision and January 19, 2011 Resolution of the Court of Appeals in CA-G.R. SP No. 00761-MIN and CA-G.R. SP No. 00778-MIN are REVERSED and SET ASIDE; 3. Civil Case No. 4436-2K3 is REMANDED to the Court of Appeals, which is directed to receive evidence and immediately determine the just compensation due to Susie Irene Galle's estate/heirs - including all applicable damages, attorney's fees and costs, if any - in accordance with this Decision, taking into consideration Section 17 of Republic Act No. 6657, the applicable Department of Agrarian Reform Administrative Orders, including Administrative Order No. 6, Series of 1992, as amended by Administrative Order No. 11, Series of 1994, and prevailing jurisprudence.

The Court of Appeals is further directed to conclude the proceedings and submit to this Court a report on its findings and recommendations within 90 days from notice of this Decision; and 4. The petitioner Land Bank of the Philippines is ORDERED to PAY Susie Irene Galle's estate or heirs -herein respondents - the amount of SEVEN MILLION FIVE HUNDRED THIRTY FOUR THOUSAND SIXTY THREE AND 91/100 PESOS (₱7,534,063.91), in cash, immediately upon receipt of this Decision. SO ORDERED.2 On September 22, 2014, petitioner Land Bank of the Philippines (LBP) filed a Motion for Reconsideration3 arguing that it was improper for this Court to declare null and void the October 15, 1996 Decision in DARAB Case No. JC-RIX-ZAMB0-0011-CO, which fixed just compensation on the basis of outdated 1991 data instead of valuation criteria as of 1993, the time of taking of the subject property; that said October 15, 1996 DARAB Decision is already final and executory and thus beyond judicial review, even by this Court; and that even if it were to be assumed that said DARAB Decision is null and void, it nonetheless cannot be the subject of a petition for review on certiorari under Rule 45 of the Rules of Court.

Petitioner Department of Agrarian Reform (DAR) likewise filed a Motion for Reconsideration4 insisting that the October 15, 1996 DARAB Decision is correct; that the 1991 valuation is accurate since the actual taking of Galle's property for purposes of fixing just compensation may be said to have occurred at that time when the Notice of Coverage was served upon Galle; that a property valuation discrepancy of three years is not significant in the determination of just compensation due to the owner of expropriated property; and that the October 15, 1996 DARAB Decision, being correct and having attained finality, shall prevail as regards the amount of just compensation to be paid for Galle' s expropriated property. On September 15, 2015, the Court of Appeals (CA) submitted its Report and Recommendation,5 stating as follows: Simply put, in the crucial choice of the applicable formula for determination of the land value of the subject properties, We need to ascertain whether the three (3) factors are present, relevant, and applicable.

The Capitalized Net Income (CNI) factor This refers to the difference between the gross sales (AGP x SP) and total cost of operations (CO) capitalized at 12%, expressed in the following equation form: CNI = (AGP x SP) - CO