New Chief Justice Maria Lourdes Sereno

[CVT]

IMO, and this is from an outsider,- that is the way the parameters of any deal/sale should be determined,- at the time of the transaction.

The downside of using the old market value is that the buyer will definitely have the attraction to dispose of the merchandise in a jiffy, because of the immediate profit. In the case of the land reform program,- this defeats its very purpose.

16.7K:sampay:>>>:weathermanf2:

[Altis6453]

IMO, and this is from an outsider,- that is the way the parameters of any deal/sale should be determined,- at the time of the transaction.

The downside of using the old market value is that the buyer will definitely have the attraction to dispose of the merchandise in a jiffy, because of the immediate profit. In the case of the land reform program,- this defeats its very purpose.

16.7K:sampay:>>>:weathermanf2:

I guess the risk goes both ways if you apply current fair market values.

The entire crux of this goes to what constitutes "just compensation"? The SC has ruled time and again that it should be at fair market value. I would think its the correct interpretation as land reform did not in any way authorize the destruction of the landowner by absorbing a substantial loss on the taking of his property. In the same vein, distributees cannot assume that the land they're getting will be free.

[wowiesy]

Haven't heard if HLI or the Cojuangcos actually appealed that part of the decision (re: just compensation and valuation). If they did, then it is only an collateral issue while the main argument, that is, whether or not the land should be distributed to the farmers, has already been decided. AFAIK, there is good reason (including numerous decided cases) to argue that the taking or transfer of property should always be based on fair market value at the time of taking.

Yes.. fair market value at the time of taking.. i think the debate here would be when should it have been taken? nung 2006 upon revokation ng SDO (as ordered / decided upon by then DAR Secretary), or nung 1998 ba yun na di ko rin maalala ano yung event kung bakit naging possible reference yun...

[dfopiso]

so politically motivated it appears na gamitin yung 1989 valuation

[wowiesy]

di ko ma recall now yung basis to use 1998 valuation.. but.. on the surface.. it didn't seem political to me... unless may mga undercurrents...

[niky]

Punitive. A way to stick it to the Cojuangcos.

[baludoy]

Buksan mga garahe ng mga tongressman na iyan. Tingnan natin kung ilang luxury and sports cars nakabalandra doon

when you look into the abyss, the abyss looks into you