The charging of P 25,000.00 as commissioners’ fees against LBP is likewise upheld. Section 16, Rule 141 of the Rules of Court, expressly recognizes such fees, to wit:
Section 16. Fees of commissioners in eminent domain proceedings. – The commissioners appointed to appraise land sought to be condemned for public uses in accordance with the rules shall each receive a compensation to be fixed by the court of not less than (P 300.00) Pesos per day for the time actually and necessarily employed in the performance of their duties and in making their report to the court which fees shall be taxed as a part of costs of the proceedings.
Applying the rule, the Court finds the amount of P 25,000.00 as fair and commensurate to the work performed by the commissioners, which the CA summed up as follows:
We observe that in the Commissioners’ Report, the three (3) appointed Commissioners actually inspected 127 hectares of the subject property. It took them five (5) days to complete the ocular inspection and individually counted 12,153 coconut trees, 28,024 bananas, 4,928 Tundan, 821 Falcata, 1,126 Temani, 298 Bamboos, Jackfruit, 90 Santol, 51 Rombuon, 260 Ipil-Ipil, 5,222 Abaca plant, 68 Star Apple, 1,670 Antipolo, 67 Narra trees, 23 Durian trees, 139 Mango trees, 83 Avocado trees, 23 Lanzones trees, 84 Cacao, 18 Marang, and 13 trees of Lawaan.
Hence, for the actual time spent and thoroughness of its Report, it is proper for the said commissioners to be compensated in the amount of P 25,000.00, which is only P 1,666.66 per day.40
LAND BANK OF THE PHILIPPINES, Petitioner, vs.VERONICA ATEGA NABLE, Respondent.FIRST DIVISIONG.R. No. 176692 June 27, 2012
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