LANDBANK OF THE PHILS vs WYCOCO, G.R. No. 146733.

January
13, 2004
Facts: Pursuant to the CARP, Wycoco voluntarily offered to sell his land to the DAR for P14.9
million. However, the offered price of the DAR is P2,280,159.82. He rejected the offer. Hence,
he filed a case before the RTC for the determination of just compensation. The RTC ruled in
his favor. The RTC, in arriving at the valuation of the land, took judicial notice of the alleged
prevailing market value of agricultural lands in the place without apprising the parties of its
intention to take judicial notice thereof.
Issue:
WON the RTC was correct when it took judicial notice of the alleged prevailing market
value of agricultural lands in the place without apprising the parties of its intention to take
judicial notice thereof.
Ruling: No. Inasmuch as the valuation of the property of Wycoco is the very issue in the case
at bar, the trial court should have allowed the parties to present evidence thereon instead of
practically assuming a valuation without basis. While market value may be one of the bases
of determining just compensation, the same cannot be arbitrarily arrived at without
considering the factors to be appreciated in arriving at the fair market value of the property
e.g., the cost of acquisition, the current value of like properties, its size, shape, location, as
well as the tax declarations thereon. Since these factors were not considered, a remand of
the case for determination of just compensation is necessary. The power to take judicial
notice is to be exercised by courts with caution especially where the case involves a vast
tract of land. Care must be taken that the requisite notoriety exists; and every reasonable
doubt on the subject should be promptly resolved in the negative.
The mere personal knowledge of the judge is not the judicial knowledge of the court, and he
is not authorized to make his individual knowledge of a fact, not generally or professionally
known, the basis of his action.