Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch 5
Tuguegarao City

HEIRS OF SPOUSES REYMUNDO Agrarian Case No. 0083

VILLACETE, SR. and ASILISA LAZO,
represented by their children, namely:
PLARIDEL L. VILLACETE, JACINTO
L. VILLACETE and ESMERALDA For: DETERMINATION
VILLACETE OF JUST
Petitioners, COMPENSATION
-versus-

LAND BANK OF THE PHILIPPINES

and DEPARTMENT OF AGRARIAN
REFORM,
Respondents,
x----------------------------------------------x

PRE-TRIAL BRIEF
p

Respondent Department of Agrarian Reform, through the undersigned

counsel, most respectfully submits this Pre-Trial Brief in accordance with
Sec. 6, rule 19, of the 1997 Rules of procedure.

POSSIBILITY OF SETTLEMENT

The land subject of this case had already been covered under the
agrarian reform program of the government and that the corresponding
valuations thereof had also been fixed already by the Land Bank of the
Philippines (LBP).

As to valuation, the DAR has no proposal for settlement and the same
is true with respect to the coverage of the lands subject of the valuations.

If possible, and with the permission of co-respondent LBP, the DAR

proposes for re valuation in order to settle one and for all the issue of just
compensation.

BRIEF STATEMENT OF FACTS

Petitioner filed this petition for Just Compensation invoking the

original and exclusive jurisdiction of the Regional Trial Court acting as
Special Agrarian Court. LBP valued the subject property covered by OCT
No. O-51 with an acquired area of 45.5553 hectares at P6,023,523.58
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pursuant to DAR AO 2, s. 2009. Petitioners accepted the initial just
compensation but reserved their rights to file a petition for Reevaluation and
filed a petition with the DARAB-Provincial Office of Cagayan on October
2, 2015. Parties were given ample time to submit their respective position
papers to further expound on their grounds and defenses in contesting the
formula used by LBP for its valuation. On October 3, 2016, DARAB issued
a Decision affirming and confirming LBP’s Valuation. Petitioner filed a
motion for reconsideration but the same was denied. Hence, this petition.

ADMISSIONS/STIPULATIONS

1. The lands subject of this case were covered under the comprehensive
agrarian reform program;

2. A Notice of Coverage was received by the petitioners;

3. The corresponding just compensation had already been fixed by the

respondent LBP pursuant to DAR AO no. 02, 2. 2009;

ISSUES

1. Whether or not the compensation fixed by the LBP over the lands subject
of this petition is just and reasonable; and

2. Whether or not petitioners are entitled to 5% additional cash incentive

pay.

APPLICABLE LAWS, RULES & REGULALTIONS

1. Davao Fruits Corporation v LBP, G.R. No. 181556 and 181570, March 9,
2011;

2. Section 6 Rule XIX of the 2009 DARAB Rules of Procedure;

3. Francico Soriano & Dalisay Soriano v Republic of the Philippines, G.R.

No. 184282, April 11, 2012;

4. Sps. Romeo LL. Plopenio & Rosielinda Plepenio v DRA & LBP, G.R.
No. 161090.July 4, 2012 & Eduardo LL. Plopenio v DAR &DBP, G.R.
No. 161092;

DOCUMENTS

1. EXHIBIT “1”is the land title of REYMUNDO VILLACETE with

Original Certificate of Title (OCT) No. O-51.

2. EXHIBIT “2” is a Tax declaration (TD) No. 2004-0059 for OCT No. O-
51.
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3. EXHIBIT “3” is a Notice of Coverage (NOC) dated September 27, 2012
addressed to Atty. Plaridel Villacete.

4. EXHIBIT “3-A” is a Notice of Coverage (NOC) dated September 27,

2012 addressed to Severino L. Villacete.

5. EXHIBIT “3-B” is a Notice of Coverage (NOC) dated September 27,

2012 addressed to Reymundo Villacete.

6. EXHIBIT “3-C” is a Notice of Coverage (NOC) dated September 27,

2012 addressed to Perlita Villacete.

7. EXHIBIT “3-D” is a Notice of Coverage (NOC) dated September 27,

2012 addressed to Esmeralda L. Villacete.

8. EXHIBIT “3-E” is a Notice of Coverage (NOC) dated September 27,

2012 addressed to Severino L. Villacete.

9. EXHIBIT “4” is the Field investigaton Report (FIR) dated February 5,

2014 for OCT No. O-51.

10. EXHIBIT “5” is a Certification of Deposit dated January 13, 2015

showing the amount of P6,023,523.58 was deposited in favor of
Reymundo Villacete.

11.EXHIBIT “6”is a Claims for Valuation and Processing Form deated

Novemeber 24, 2014 showing the valuartion of the Reymundo Villacete
property.

12.EXHIBIT “7” is a Land valuation Worksheet (LVW) showing the

valuation of the property under DAR AO No. 2, S. of 2009.

13.EXHIBIT “8”is a Certification as the source document provided by the

DA containing the May 2013 ton April 2014 selling prices which LBP
used for the SP.

14.EXHIBIT “9”, is the BIR Department Order No. 3-2000 dated May 24,
1999.

15.EXHIBIT “10”is the Statement of Schedules of Market Values.

16.EXHIBIT “11” is the productivity classification for corn.

Respondent DAR reserves the right to present additional documentary

evidence as may be necessary during the pre-trial.
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 WITNESSES TO BE PRESENTED

Public-respondent DAR hereby adopts the witnesses to be presented by

the petitioner –bank in consonance with its manifestation contained in the
Answer filed by the herein public-respondent DAR that it is joining
petitioner bank in this case and claims no interest adverse directly
opposed to that of the petitioner.

PROPOSAL FOR ADMISSION

1. The capacity of the parties and the description of the land in

controversy;

2. The fact that a Notice of Coverage was sent by DAR to Plaridel

Villacete, Severino L. Villacete, Reymundo Villace, Perlita Villacete,
Esmeralda L. Villacete and Severino L. Villacete;

3. The fact that the land in question is classified as agricultural;

4. The fact that the DARAB rendered a resolution upholding the

valuation of the LBP; and

5. The fact that the DAR and the LBP have the primary duty and
expertise to determine the valuation of the lands covered under the
Comprehensive Agrarian reform program;

AVAILABLE TRIAL DATES

Trial dates shall be scheduled during the pre-trial in order to avoid

conflicts of schedule.

RESPECTFULLY SUBMITTED.

Tuguegarao City, Cagayan-November 25, 2019.