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June 1, 2022

Supreme Court Decisions


When shall the legal interest run?


 

Legal interest shall run not from the date of the filing of the complaint but from the date of the issuance of the Writ of Possession since it is from this date that the fact of the deprivation of property can be established.

 

 

Republic vs. Macabagdal, G.R. No. 227215, January 10, 2018, [850 SCRA 501]

 

 

 

 

 


What is the effect of delay in the payment of just compensation?


 

It is settled that the delay in the payment of just compensation amounts to an effective forbearance of money, entitling the landowner to interest on the difference in the amount between the final amount as adjudged by the court and the initial payment made by the government.

 

 

Republic vs. Macabagdal, G.R. No. 227215, January 10, 2018, [850 SCRA 501]

 

 

 

 


What is the purpose of just compensation?


 

The purpose of just compensation is not to reward the owner for the property taken, but to compensate him for the loss of his property.

As such, the true measure of the property, as upheld in a plethora of cases, is the market value at the time of the taking, when the loss resulted.

 

Republic vs. Macabagdal, G.R. No. 227215, January 10, 2018, [850 SCRA 501]

 

 

 

 

 


Are courts allowed to temper the interest rates?


 

Courts are allowed to equitably temper interest rates that are found to be excessive, iniquitous, unconscionable, and/or exorbitant, such as stipulated interest rates of 3% per month or higher.

 

 

 

Odiamar vs. Valencia, G.R. No. 213582, September 12, 2018, [880 SCRA 167]

 

 

 

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