(4) Victims whose rights were violated under Section 3, paragraph (b), nos. (4), (5) and (6) under this Act shall be given one (1) to two (2) points.

The Board shall exercise its powers with due discretion in the determination of points for each victim, which shall be based on the type of violation committed against the HRVV, frequency and duration of the violation. In each category, HRVVs who had suffered more would receive more points. In instances where a victim is classified in more than one category, one shall be awarded the points in the higher category: Provided, That in cases where there are several eligible claims filed for reparation by or on behalf of a particular HRVV, the Board shall award only one (1) valid claim which corresponds to the category obtaining the highest number of points for each eligible claimant.

(b) The Board shall proceed to determine the award for each claimant classified under Sections 16, 17 and 18 of this Act.

(c) The Board shall then compute the final monetary value of one's award that is equivalent to the numerical value of one point multiplied by the number of points that a claimant is entitled to, as previously determined by the Board.

(d) Within thirty (30) days after the Board has approved with finality each eligible claim pending before it and after due publication of such legitimate claim, the award of monetary compensation shall take effect: Provided, That any pending appeal filed by an aggrieved claimant or oppositor before

interest are hereby set aside and appropriated to fund the purposes of this Act.

SEC. 21. Documentation of Human Rights Violations Committed by the Marcos Regime. In the implementation of this Act and without prejudice to any other documentary or other evidence that may be required for the award of any reparation, any HRVV seeking reparation shall execute a detailed sworn statement narrating the circumstances of the pertinent human rights violation/s committed.

SEC. 22. Publication. -Consistent with Section 23 herein, the Board, after having been duly convened, shall set the period for the commencement and termination of applications by HRVV and cause the publication of the same: Provided, That such period shall only become operative fifteen (15) days after its last publication, which shall be once a week for three (3) consecutive weeks in at least two (2) national newspapers of general circulation.

SEC. 23. Period for Filing of Claims; Waiver.-An HRVV shall file an application for reparation with the Board within six (6) months from the effectivity of the implementing rules and regulations (IRR) of this Act: Provided, That failure to file an application within said period is deemed a waiver of the right to file the same: Provided, further, That for HRVVs who are deceased, incapacitated, or missing due to enforced disappearance, their legal heir/s or representatives, shall be entitled to file an application for reparation on their behalf.

Any opposition to the new application/s pursuant to Section 16 hereof shall only be entertained if such is filed within fifteen (15) days from the date of the last publication of the official list of eligible claimants as may be determined by the Board. The Board shall cause the publication of the official list of eligible claimants once a week for three (3) consecutive weeks in at least two (2) national newspapers of general circulation.

SEC. 24. Appeal. Any aggrieved claimant or oppositor may file an appeal within ten (10) calendar days from the receipt of the Resolution of the Division, to the Board en banc, whose decision shall then become final and executory.

SEC. 25. Penalties; Applicability of the Revised Penal Code.-Any claimant who is found by the Board, after due hearing, to have filed a fraudulent claim, shall be referred to the appropriate office for prosecution. If convicted, he shall suffer the imprisonment of eight (8) to ten (10) years, shall be disqualified from public office and employment and shall be deprived of the right to vote and be voted for in any national or local election, even after the service of sentence unless granted absolute pardon.

Any member of the Board and its Secretariat, public officer, employee of an agency or any private individual mandated to implement this Act, who shall misuse, embezzle or misappropriate the funds for the reparation of HRVVs or who shall commit fraud in the processing of documents and claims of HRVVs, or shall conspire with any individual to commit the same, shall also be prosecuted.

Any member of the Board and its Secretariat, public officer, employee of an agency or any private individual mandated to implement this Act, who may have been found guilty of committing any or all of the prohibited acts stated in the preceding paragraph, or those acts punishable under the Revised Penal Code, shall be penalized under the pertinent provisions in the Code and relevant special penal laws.

SEC. 26. Roll of Victims. -Persons who are HRVVs, regardless of whether they opt to seek reparation or not, shall be given

recognition by enshrining their names in a Roll of Human Rights Victims to be prepared by the Board.

A memorial/Museum/Library shall be established in honor and in memory of the victims of human rights violations whose names shall be inscribed in the Roll. A compendium of their sacrifices shall be prepared and may be readily viewed and accessed in the internet. The Memorial/ Museum/Library/Compendium shall have an appropriation of at least Five Hundred million pesos (P500,000.000.00) from the accrued interest of the Ten billion peso (P10,000,000,000.00) fund.

The Roll may also be displayed in government agencies as may be designated by the HRVV Memorial Commission as created hereunder.

SEC. 27. Human Rights Violations Victims' Memorial Commission. There is hereby created a Commission to be known as the Human Rights Violations Victims' Memorial Commission, hereinafter referred to as the Commission, primarily for the establishment, restoration, preservation and conservation of the Memorial/Museum/ Library/Compendium in honor of the HRVVS during the Marcos regime.

The powers and functions of the Commission shall be assumed by the Board of Trustees which shall be composed of the following: Chairperson of the CHR as Chairperson; Chairperson of the National Historical Commission as Co-Chairperson; and Chairpersons of the CHED, the National Commission on Culture and the Arts (NCAA), the Secretary of the Department of Education and the Head of the University of the Philippines - Diliman Main Library, as members.

The Board of Trustees shall have the authority to hire and appoint its officials and employees, receive donations and grants for and on its behalf, and generate revenues for the benefit of the Commission.

The Commission shall be attached to the CHR solely for budgetary and administrative purposes. The operating budget of the Commission shall be appropriated from the General Appropriations Act.

The Commission shall also coordinate and collaborate with the DepEd and the CHED to ensure that the teaching of Martial Law atrocities, the lives and sacrifices of HRVVs in our History are included in the basic, secondary and tertiary education curricula.

CHAPTER V

FINAL PROVISIONS

SEC. 28. Guidelines for the Implementing Rules and Regulations (IRR). -In implementing this Act and in formulating the corresponding rules and regulations, and to ensure that all the applications are properly screened for fraudulent claims, the Board must provide for:

(a) Transparency in the processing of the claims;

(b) A procedure that allows any concerned party to oppose an application or claim on the ground that it is fraudulent, fictitious or spurious and gives that party the opportunity to question the same and to present evidence in support thereof, and

(c) A procedure that is speedy and expeditious without sacrificing any of the parties' fundamental rights.

Within fifteen (15) days from the date of its organization, the Board shall promulgate the necessary IRR and procedures for the effective implementation of this Act. The IRR shall be effective fifteen (15) days after its publication in two (2) national newspapers of general circulation.

SEC. 29. Work Period; Sunset Clause.The Board shall complete its work within two (2) years from the effectivity of the IRR promulgated by it. After such period, it shall become functus officio.

SEC. 30. Separability Clause.-If, for any reason, any section or provision of this Act

is declared unconstitutional or invalid, such other sections or provisions not affected thereby shall remain in full force and effect.

SEC. 31. Repealing Clause. All laws, decrees, executive orders, rules and regulations or parts thereof inconsistent with any of the provisions of this Act, including Section 63(b) of Republic Act No. 6657, as amended, otherwise known as the Comprehensive Agrarian Reform Law of 1988 and Section 40(a) of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, are hereby repealed, amended or modified accordingly.

SEC. 32. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) national newspapers of general circulation.

Approved: February 25, 2013

H. No. 3622

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

[ REPUBLIC Aст No. 10369 ]

AN ACT RECONSTITUTING THE KALINGA ENGINEERING DISTRICT OFFICE IN THE PROVINCE OF KALINGA INTO TWO (2) REGULAR DISTRICT ENGINEERING OFFICES AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. The district engineering office in the Province of Kalinga, under the supervision of the Department of Public Works and Highways, shall be reconstituted into two (2) separate district engineering offices to be respectively named as the Upper Kalinga District Engineering Office and the Lower Kalinga District Engineering Office.

[G.R. No. 169903. February 29, 2012]

SECOND DIVISION

LAND BANK OF THE PHILIPPINES, Petitioner, vs. HONEY COMB FARMS CORPORATION, Respondent.

SYLLABUS

of the Ruling of the Court

1. POLITICAL LAW; INHERENT POWERS OF THE STATE; EMINENT DOMAIN; JUST COMPENSATION; PAYMENT THEREOF, REQUIRED; RATIONALE. - When the State exercises its inherent power of eminent domain, the Constitution imposes the corresponding obligation to compensate the landowner for the expropriated property. This principle is embodied in Section 9, Article III of the Constitution, which provides: "Private property shall not be taken for public use without just compensation." When the State exercises the power of eminent domain in the implementation of its agrarian reform program, the constitutional provision which governs is Section 4, Article XIII of the Constitution, Notably, this provision also imposes upon the State the obligation of paying the landowner compensation for the land taken, even if it is government's agrarian reform purposes. Specifically, the provision makes use of the phrase "just compensation," the same phrase used in Section 9, Article III of the Constitution. That the compensation mentioned here pertains to the fair and full price of the taken property is evident from the following exchange between the members of the Constitutional Commission during the discussion on the government's agrarian reform program.

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3. ID.; ID.; ID.; ID.; MANDATORY APPLICATION OF THE FORMULA TO DETERMINE JUST COMPENSATION; SUSTAINED.- To guide the RTC in this function, Section 17 of RA 6657 enumerates the factors that have to be taken into consideration to accurately determine just compensation. In Land Bank of the Philippines v. Sps. Banal, were recognized that the DAR, as the administrative agency tasked with the implementation of the agrarian reform program, already came up with a formula to determine just compensation which incorporated the factors enumerated in Section 17 of RA 6657. In Landbank of the Philippines v. Celada, we emphasized the duty of the RTC to apply the formula provided in the applicable DAR OA to determine just compensation, We reiterated the mandatory application of the formula in the applicable DAR administrative regulations in Land Bank of the Philippines v. Lim, Land Bank of the Philippines v. Heirs of Eleuterio Cruz, and Land Bank of the Philippines v. Barrido. These rulings plainly impose on the RTC the duty to apply the formula laid down in the pertinent DAR administrative regulations to determine just compensation. Clearly, the CA and the RTC acted with grievous error when they disregarded the formula laid down by the DAR, and chose instead to come up with their own basis for the valuation of the subject land.

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4. ID.; ID.; ID.; HEARING IS NECESSARY BEFORE THE RTC TAKES JUDICIAL NOTICE OF THE NATURE OF LAND; EXPLAINED. - While the lower court is not precluded from taking judicial notice of certain facts, it must exercise this right within the clear boundary provided by Section 3, Rule 129 of the Rules of Court, which provides:*** Section 3. Judicial notice, when hearing necessary. During the trial, the court, on its own initiative, on request of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon.