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Pre-Trial Brief

This document is the pre-trial brief submitted by the Land Bank of the Philippines (LBP) in an agrarian case regarding the just compensation for land acquired under the Comprehensive Agrarian Reform Law. The LBP states that it is open to an amicable settlement if it follows the law and administrative orders. It will rely on existing valuations determined by the Department of Agrarian Reform. The main issue is whether this valuation is just compensation. The LBP lists documentary evidence and witnesses it will present, and reserves the right to present additional evidence or witnesses if needed. It cites applicable laws and requests the court to take notice of this pre-trial brief.

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Masa Lyn
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305 views4 pages

Pre-Trial Brief

This document is the pre-trial brief submitted by the Land Bank of the Philippines (LBP) in an agrarian case regarding the just compensation for land acquired under the Comprehensive Agrarian Reform Law. The LBP states that it is open to an amicable settlement if it follows the law and administrative orders. It will rely on existing valuations determined by the Department of Agrarian Reform. The main issue is whether this valuation is just compensation. The LBP lists documentary evidence and witnesses it will present, and reserves the right to present additional evidence or witnesses if needed. It cites applicable laws and requests the court to take notice of this pre-trial brief.

Uploaded by

Masa Lyn
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines

THIRD JUDICIAL REGION


Regional Trial Court
Branch 23
Cabanatuan City

VILLE-VEN FARMS, INC.,


Represented by its Attorney-in-fact,
ROSENDO HERRERA,

Petitioner,

-versus- Agrarian Case


No. 210-AF
For: Just Compensation

DEPARTMENT OF AGRARIAN
REFORM and LAND BANK OF THE
PHILIPPINES.
Respondents.
X----------------------------------------------X

PRE-TRIAL BRIEF

Respondent LAND BANK OF THE PHILIPPINES (LBP),


by and through undersigned counsel, respectfully submits
its pre-trial brief to this Honorable Court, stating as follows:

I. POSSIBILITY OF AMICABLE SETTLEMENT

LBP is open to an amicable settlement provided it


is in conformity with Comprehensive Agrarian
Reform Law, Department of Agrarian Reform (DAR)
administrative orders, circulars and other issuances
and LBP guidelines and policies.

II. STIPULATION OF FACTS

That LBP in valuing the CARP-covered property


subject of the instant case had relied with the
existing administrative orders and issuances of the
DAR on valuation.

III. ISSUE
Whether or not the valuation as determined by the
LBP pursuant to existing DAR administrative orders
and issuances is the just compensation of the subject
landholding?

IV. DOCUMENTARY EVIDENCE

Respondent LBP is marking the following:

1. Letter Offer of Ville Ven Farms Incorporated to the


DAR Secretary as EXHIBIT “1”
2. DAR Memorandum Request to Value as EXHIBIT
“2”;
3. TCT No. NT-83360 as EXHIBIT “3”;
4. Field Investigation Report as EXHIBIT “4”;
5. Zonal Valuation from BIR as EXHIBIT “5”;
6. Schedule of Base Unit Market Values as EXHIBIT
“6”;
7. Tax Declaration as EXHIBIT “7”;
8. Regional Consumer Price Index as EXHIBIT “8”;
9. Land Valuation Worksheet as EXHIBIT “9”;
10. Claims Valuation and Processing Form as
EXHIBIT “10”;
11. Memorandum of Valuation, Claim Folder
Profile and Valuation Summary of Agricultural
Land as EXHIBIT “11”;
12. Order of Deposit as EXHIBIT “12”; and
13. Certification of Deposit as EXHIBIT “13”.

LBP further reserves its right to mark and submit


additional documentary exhibits if the need arises in
the course of trial.

V. WITNESSES

Respondent will present one of its Agrarian


Specialist who will testify on the valuation arrived at
using the applicable DAR Administrative Order and
issuances.

LBP likewise reserves its right to present


additional witness/es if the need arises in the course
of the trial.

VI. TRIAL DATES


To be agreed upon by the parties in consultation
with the court’s calendar.

VII. APPLICABLE LAWS AND JURISPRUDENCE

1. Republic Act No. 6657, as amended by Republic


Act 9700;
2. DAR Administrative Orders and Issuances; and
3. Agrarian Reform Laws and related issuances.

PRAYER

WHEREFORE, respondent LBP prays of this Honorable


Court to take cognizance of its foregoing Pre-trial Brief.

Such other relief and remedies as may be deemed just


and equitable under the premises are likewise prayed for.

Cabanatuan City, 14th day of February 2019.

LBP LEGAL SERVICES GROUP


FIELD LEGAL SERVICES DEPARTMENT
AREA LEGAL UNIT II-CENTRAL LUZON
Counsel for Respondent LBP

3rd Floor, LBP Building


Cor. Gen. Tinio and Gabaldon Sts. Cabanatuan City
Tel No. 044-463-2703

By:

JAYBEE LYN G. LIKIGAN


Roll No. 68879
IBP NO.062410/ 01-04-2019 Mountain Province Chapter
PTR NO. Exempt per Bar Matter 2889; 12/10/2014
MCLE Compliance No. VI-0011792
(By Authority of the Office of the Government
Corporate Counsel [OGCC] dated June 28, 2018)

Copy furnished:

ATTY. ALVIN B. SORIANO


Chief, Legal Division
DAR, Bureau of Agrarian Legal Assistance
Mabini Extension, Cabanatuan City

Ville-Ven Farms, Inc.


RECRAA Bldg., Vitales Compound,
Sucat, Paranaque City, Metro Manila

EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil
Procedure)

Copies of the foregoing Pre-Trial Brief were served to


the other parties through a licensed courier service due to
distance and lack of office personnel to personally serve the
same.

JAYBEE LYN G. LIKIGAN

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