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APO Fruits Corporation and Hijo Plantation, Inc. vs. Land Bank of the Philippines[SEPARATE OPINION, ABAD, J.]

APO FRUITS CORPORATION and HIJO PLANTATION, INC., Petitioners,vs.LAND BANK OF THE PHILIPPINES, Respondent.

G.R. No. 164195 | 2011-04-05

DISSENTING OPINION

ABAD, J.:


I am unable to agree with the ponencia of Mr. Justice Arturo D. Brion that the respondent Land Bank of the Philippines (Land Bank) is guilty of delay and must, therefore, pay petitioners Apo Fruits Corp. (AFC ) and Huo Plantation, Inc. (HPI) 12% interest on the compensation awarded to them for their lands.


Brief Factual Background


On October 12, 1995 AFC-HPI voluntarily offered to sell their lands [1] to the government under Republic Act 6657, otherwise known as the Comprehensive Agrarian Reform Law (CARL). Land Bank valued the properties atP165,484.47 per hectare, but AFC-HPI rejected the offer of...