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constitutional law, power of eminent domain cases
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CASES ON EMINENT DOMAIN
DEVORAH E. BARDILLON vs. BARANGAY MASILI of Calamba, Laguna,
Res JudicataExpropriation not capable of pecuniary estimation
Facts:Two lots measuring 144 square
meters was to be expropriated by Bargy Masili for the purpose of constructing a barangay hall. However, the barangay and the lot owners could not agree with the purchase price of Php 200,000.
The first complaint was filed before the MTC. Whereas, the second complaint was filed before the RTC.
The MTC dismissed the complaint for lack of interest of the petitioner lot owners.
The RTC stated that the MTC has no jurisdiction over the case. It also ruled in favor of Brgy Masili.
Issue/s:1. WON the MTC has jurisdiction
over the case of expropriation;2. WON the State is barred from
expropriating the property by reason of res judicata; and
3. Legality of entry into the premises subject of expropriation.
Ruling:
The SC held that the expropriation proceedings is within the jurisdiction
of the RTC because it is incapable of pecuniary estimation. As discussed:
“xx An expropriation suit does not involve the recovery of a sum of money. Rather, it deals with the exercise by the government of its authority and right to take property for public use. As such, it is incapable of pecuniary estimation and should be filed with the regional trial courts. xx”
As regards to the second issue, the principle of res judicata does not apply against the inherent powers of the State. The SC has this to say:
“xx Res judicata literally means a matter adjudged, judicially acted upon or decided, or settled by judgment. It provides that a final judgment on the merits rendered by a court of competent jurisdiction is conclusive as to the rights of the parties and their privies; and constitutes an absolute bar to subsequent actions involving the same claim, demand or cause of action.
The following are the requisites of res judicata: (1) the former judgment must be final; (2) the court that rendered it had jurisdiction over the subject matter and the parties; (3) it is a judgment on the merits; and (4) there is -- between the first and the second actions -- an identity of parties, subject matter and cause of action.
Since the MTC had no jurisdiction over expropriation proceedings, the doctrine of res judicata finds no application
even if the Order of dismissal may have been an adjudication on the merits. xx”
The entry in the premises of the expropriated property was held to be justified by the SC. It ruled that:
“xx The requirements for the issuance of a writ of possession in an expropriation case are expressly and specifically governed by Section 2 of Rule 67 of the 1997 Rules of Civil Procedure. On the part of local government units, expropriation is also governed by Section 19 of the Local Government Code. Accordingly, in expropriation proceedings, the requisites for authorizing immediate entry are as follows: (1) the filing of a complaint for expropriation sufficient in form and substance; and (2) the deposit of the amount equivalent to 15 percent of the fair market value of the property to be expropriated based on its current tax declaration.
In the instant case, the issuance of the Writ of Possession in favor of respondent after it had filed the Complaint for expropriation and deposited the amount required was proper, because it had complied with the foregoing requisites.
The issue of the necessity of the expropriation is a matter properly addressed to the RTC in the course of the expropriation proceedings. If
petitioner objects to the necessity of the takeover of her property, she should say so in her Answer to the Complaint. The RTC has the power to inquire into the legality of the exercise of the right of eminent domain and to determine whether there is a genuine necessity for it. xx”
PERCIVAL MODAY, ZOTICO MODAY (deceased) and LEONORA MODAYvs.COURT OF APPEALS, JUDGE EVANGELINE S. YUIPCO OF BRANCH 6, REGIONAL TRIAL COURT, AGUSAN DEL SUR AND MUNICIPALITY OF BUNAWAN
Facts:The Sangguniang Bayan passed a
resolution authorizing the municipal mayor to expropriate 1 hectare portion of the property owned by Percival Moday. The mayor approved the said resolution and submitted the same to Sangguniang Panlalawigan.
The latter denied the resolution stating that there are other properties which may be expropriated.
Notwithstanding the denial of the resiolution by the Sangguniang Panlalawigan, the Municipality of Bunawan filed a complaint for the expropriation of the property of Moday. The RTC granted the municipality’s motion to take possession of the parcel of lot.
The Court of Appeals, upon petition for certiorari, stated that the public
purpose for the expropriation is clear from Resolution No. 43-89 and that since the Sangguniang Panlalawigan of Agusan del Sur did not declare Resolution No. 43-89 invalid, expropriation of petitioners' property could proceed.
Issue: whether a municipality may expropriate private property by virtue of a municipal resolution which was disapproved by the Sangguniang Panlalawigan
Ruling: The SC upheld the decision of the
Court of Appeals. It stated that the only ground by which the Sangguniang Panlalawigan may deny a resolution or an ordinance is the lack of authority. Thus:
The Sangguniang Panlalawigan's disapproval of Municipal Resolution No. 43-89 is an infirm action which does not render said resolution null and void. The law, as expressed in Section 153 of B.P. Blg. 337, grants the Sangguniang Panlalawigan the power to declare a municipal resolution invalid on the sole ground that it is beyond the power of the Sangguniang Bayan or the Mayor to issue. Although pertaining to a similar provision of law but different factual milieu then obtaining, the Court's pronouncements in Velazco v. Blas, where we cited significant early jurisprudence, are applicable to the case at bar.
The only ground upon which a provincial board may declare any municipal
resolution, ordinance, or order invalid is when such resolution, ordinance, or order is "beyond the powers conferred upon the council or president making the same." Absolutely no other ground is recognized by the law. A strictly legal question is before the provincial board in its consideration of a municipal resolution, ordinance, or order. The provincial (board's) disapproval of any resolution, ordinance, or order must be premised specifically upon the fact that such resolution, ordinance, or order is outside the scope of the legal powers conferred by law. If a provincial board passes these limits, it usurps the legislative function of the municipal council or president. Such has been the consistent course of executive authority.
Thus, the Sangguniang Panlalawigan was without the authority to disapprove Municipal Resolution No. 43-89 for the Municipality of Bunawan clearly has the power to exercise the right of eminent domain and its Sangguniang Bayan the capacity to promulgate said resolution, pursuant to the earlier-quoted Section 9 of B.P. Blg. 337. Perforce, it follows that Resolution No. 43-89 is valid and binding and could be used as lawful authority to petition for the condemnation of petitioners' property.
Section 153 of B.P. Blg. 337 provides:
Sec. 153. Sangguniang Panlalawigan Review. — (1)
Within thirty days after receiving copies of approved ordinances, resolutions and executive orders promulgated by the municipal mayor, the sangguniang panlalawigan shall examine the documents or transmit them to the provincial attorney, or if there be none, to the provincial fiscal, who shall examine them promptly and inform the sangguniang panlalawigan in writing of any defect or impropriety which he may discover therein and make such comments or recommendations as shall appear to him proper.
(2) If the sangguniang panlalawigan shall find that any municipal ordinance, resolution or executive order is beyond the power conferred upon the sangguniang bayan or the mayor, it shall declare such ordinance, resolution or executive order invalid in whole or in part, entering its actions upon the minutes and advising the proper municipal authorities thereof. The effect of such an action shall be to annul the ordinance, resolution or executive order in question in whole or in part. The action of the sangguniang panlalawigan shall be final.
xxx xxx xxx (Emphasis supplied.)
Diosdado Lagcao vs Hon Judge Generosa Labra
Facts:The Province of Cebu donated 210
lots to the City of Cebu. Included in the said donation is Lot 1029. In 1965, petitioners Lagcao purchased Lot 1029 in installment basis from the City of Cebu.
The same lots, however, reverted back to the province and the sale f Lot 1029 to Lagcao was being annulled by the province. The appellate court ordered the issuance of Deed of Sale in favor of Lagcao.
Lagcao initiated demolition proceedings against the squatters occupying Lot 1029. This was enjoined by the MTC granting the motion filed by the Province of Cebu.
The Province of Cebu filed expropriation proceedings against Lagcao. The purpose of which is to construct in the lots socialized housing.
Issue: WON the private property may be expropriated for the purpose of socialized housing thereon
Ruling:The SC granted the petition of
Lagcao and declared that the purpose was not public use but is only beneficial to few a handful few. It explained:
“xx We have found nothing in the records indicating that the City of Cebu
complied strictly with Sections 9 and 10 of RA 7279. Ordinance No. 1843 sought to expropriate petitioners’ property without any attempt to first acquire the lands listed in (a) to (e) of Section 9 of RA 7279. Likewise, Cebu City failed to establish that the other modes of acquisition in Section 10 of RA 7279 were first exhausted. Moreover, prior to the passage of Ordinance No. 1843, there was no evidence of a valid and definite offer to buy petitioners’ property as required by Section 19 of RA 7160.[20] We therefore find Ordinance No. 1843 to be constitutionally infirm for being violative of the petitioners’ right to due process.
It should also be noted that, as early as 1998, petitioners had already obtained a favorable judgment of eviction against the illegal occupants of their property. The judgment in this ejectment case had, in fact, already attained finality, with a writ of execution and an order of demolition. But Mayor Garcia requested the trial court to suspend the demolition on the pretext that the City was still searching for a relocation site for the squatters. However, instead of looking for a relocation site during the suspension period, the city council suddenly enacted Ordinance No. 1843 for the expropriation of petitioners’ lot. It was trickery and bad faith, pure and simple. The unconscionable manner in which the questioned ordinance
was passed clearly indicated that respondent City transgressed the Constitution, RA 7160 and RA 7279.
For an ordinance to be
valid, it must not only be within the corporate powers of the city or municipality to enact but must also be passed according to the procedure prescribed by law. It must be in accordance with certain well-established basic principles of a substantive nature. These principles require that an ordinance (1) must not contravene the Constitution or any statute (2) must not be unfair or oppressive (3) must not be partial or discriminatory (4) must not prohibit but may regulate trade (5) must be general and consistent with public policy, and (6) must not be unreasonable.[21]
Ordinance No. 1843
failed to comply with the foregoing substantive requirements. A clear case of constitutional infirmity having been thus established, this Court is constrained to nullify the subject ordinance. We recapitulate:
first, as earlier discussed, the questioned ordinance is repugnant to the pertinent provisions of the Constitution, RA 7279 and RA 7160; second, the precipitate manner in which it was enacted was plain oppression masquerading as a pro-poor ordinance;
third, the fact that petitioners’ small property was singled out for expropriation for the purpose of awarding it to no more than a few squatters indicated manifest partiality against petitioners, and fourth, the ordinance failed to show that there was a reasonable relation between the end sought and the means adopted. While the objective of the City of Cebu was to provide adequate housing to slum dwellers, the means it employed in pursuit of such objective fell short of what was legal, sensible and called for by the circumstances.
Indeed, experience has
shown that the disregard of basic liberties and the use of short-sighted methods in expropriation proceedings have not achieved the desired results. Over the years, the government has tried to remedy the worsening squatter problem. Far from solving it, however, government’s kid-glove approach has only resulted in the multiplication and proliferation of squatter colonies and blighted areas. A pro-poor program that is well-studied, adequately funded, genuinely sincere and truly respectful of everyone’s basic rights is what this problem calls for, not the improvident enactment of politics-based ordinances targeting small private lots in no rational fashion. xx”
Jesus Is Lord Church School Foundation (JILCSF) vs Municipality of Pasig
Facts:
The Sangguniang Bayan of Pasig approved the ordinance submitted thereto by the Municipality of Pasig, the purpose of which is to expropriate private lots to be used as public roads. Stated in the complaint was averment that the private owners were informed of the expropriation.
A complaint was filed against owners Ching Cuancos to expropriate their property pursuant to the Local Govt Code. The complaint included a photocopy of a letter to intent sent to Lorenzo Ching Cuanco.
The Municipality of Pasig caused the annotation of a notice of lis pendens with the complaint under the name of Jesus is Lord Christian School Foundation (JILCSF). The latter was alleged to have bought the private lots from the Ching Cuancos.
JILCSF averred that there was no valid and definite offer to acquire the property and that the property in dispute was already being used by the public.
Issue: WON there was a valid and definite offer
Ruling:
The SC held that there was no definite and valid offer. The letter sent to the Lorenzo Ching Cuanco was merely a letter of intent stating that the property was to be expropriated.
An extensive discussion on the matter was as follows:
“xx An offer is a unilateral proposition which one party makes to the other for the celebration of a contract. It creates a power of acceptance permitting the offeree, by accepting the offer, to transform the offeror’s promise into a contractual obligation. Corollarily, the offer must be complete, indicating with sufficient clearness the kind of contract intended and definitely stating the essential conditions of the proposed contract. An offer would require, among other things, a clear certainty on both the object and the cause or consideration of the envisioned contract.
The purpose of the requirement of a valid and definite offer to be first made to the owner is to encourage settlements and voluntary acquisition of property needed for public purposes in order to avoid the expense and delay of a court action. The law is designed to give to the owner the opportunity to sell his land without the expense and inconvenience of a protracted and expensive litigation. This is a substantial right which should be protected in every instance. It encourages acquisition without litigation and spares not only the landowner but also the condemnor, the expenses and delays of litigation.
It permits the landowner to receive full compensation, and the entity acquiring the property, immediate use and enjoyment of the property. A reasonable offer in good faith, not merely perfunctory or pro forma offer, to acquire the property for a reasonable price must be made to the owner or his privy. A single bona fide offer that is rejected by the owner will suffice.
The expropriating authority is burdened to make known its definite and valid offer to all the owners of the property. However, it has a right to rely on what appears in the certificate of title covering the land to be expropriated. Hence, it is required to make its offer only to the registered owners of the property. After all, it is well-settled that persons dealing with property covered by a Torrens certificate of title are not required to go beyond what appears on its face. xx”
As regards to the second contention of Public Necessity, the SC held:
The subject property is expropriated for the purpose of constructing a road. The respondent is not mandated to comply with the essential requisites for an easement of right-of-way under the New Civil Code. Case law has it that in the absence of legislative restriction, the grantee of the power of eminent domain may determine the location and route of the land to be taken unless such determination is capricious and wantonly injurious. Expropriation is justified so long as it is for the public good and there is genuine necessity of public character. Government may not capriciously choose what private property should be taken.
The respondent has demonstrated the necessity for constructing a road from E. R. Santos Street to Sto. Tomas Bukid. The witnesses, who were residents of Sto. Tomas Bukid, testified that although there were other ways through which one can enter the vicinity, no vehicle, however, especially fire trucks, could enter the area except through the newly constructed Damayan Street. This is more than sufficient to establish that there is a genuine necessity for the construction of a road in the area. After all, absolute necessity is not required, only reasonable and practical necessity will suffice.
Nonetheless, the respondent failed to show the necessity for constructing the road particularly in the petitioner’s property and not elsewhere. We note that the whereas clause of the ordinance states that the 51-square meter lot is the shortest and most suitable access road to connect Sto. Tomas Bukid to E. R. Santos Street. The respondent’s complaint also alleged that the said portion of the petitioner’s lot has been surveyed as the best possible ingress and egress. However, the respondent failed to adduce a preponderance of evidence to prove its claims.
FILSTREAM INTERNATIONAL, INC. vs. COURT OF APPEALS, JUDGE FELIPE S. TONGCO and THE CITY OF MANILA
Facts:Petitioner, Filstream International
Inc., is the registered owner of the properties subject of this dispute consisting of adjacent parcels of land located in Manila.
Petitioner filed an ejectment suit against occupants of the abovementioned parcels of land on the grounds of termination of the lease contract and non-payment of rentals.
During the pendency of the ejectment proceedings, the City of Manila government approved Ordinance No. 7813 authorizing Mayor Lim to expropriate the parcels of land which form part of the properties of Filstream then occupied by private respondents. The said properties were to be sold and distributed to qualified tenants of the area pursuant to the Land Use Development Program of the City of Manila.
Judgment was rendered by the MTC ordering private respondents to vacate the premises and pay back rentals to petitioner.
Filstream filed a motion to dismiss the expropriation proceedings on the grounds that there was no valid cause, no public necessity, and that there was no just compensation because the price offered was too low.
Issue: WON the private property which was adjudged in an ejectment case be the subject of expropriation proceedings for socialized housing
Ruling:The SC held that the City
Government of Manila has the right to expropriate private properties for its public use. Thus:
“xx the City of Manila has an undeniable right to exercise its power of eminent domain within its jurisdiction. The right to expropriate private property for public use is expressly granted to it under Section 19 of the 1991 Local Government Code, to wit:
SECTION 19. Eminent Domain – A local government unit may, through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose, or welfare for the benefit of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws: Provided, however, that the power of eminent domain may not be exercised unless a valid and definite offer has been previously made to the owner, and such offer was not accepted; Provided, further, That the local government unit may immediately take possession of the property upon the filing of the expropriation proceedings and upon making a deposit with the proper court of at least fifteen (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated: Provided, finally, That the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property.” (Italics supplied)
More specifically, the City of Manila has the power to expropriate private property in the pursuit of its urban land reform and housing program as explicitly laid out in the Revised Charter of the City of Manila (R.A. No. 409) as follows:
“General powers – The city may have a common seal and alter the same at pleasure, and may take, purchase, receive, hold, lease, convey, and dispose of real and personal property for the general interest of the city, condemn private property for public use, contract and be contracted with, sue and be sued, and prosecute and defend to final judgment and execution, and exercise all the powers hereinafter conferred.” (R.A. 409, Sec. 3; Italics supplied).
x x x x x x x x x
“Sec. 100. The City of Manila is authorized to acquire private lands in the city and to subdivide the same into home lots for sale on easy terms to city residents, giving first priority to the bona fide tenants or occupants of said lands, and second priority to laborers and low-salaried employees. For the purpose of this section, the city may raise necessary funds by appropriations of general funds, by securing loans or by issuing bonds, and, if necessary, may acquire the lands through expropriation proceedings in accordance with law, with the approval of the President x x x”. (Italics supplied).
In fact, the City of Manila’s right to exercise these prerogatives notwithstanding the existence of a final and executory judgment over the property to be expropriated has been upheld by this Court in the case of Philippine Columbian Association vs. Panis, G.R. No. 106528, December 21, 1993.[32] Relying on the aforementioned provisions of the Revised Charter of the City of Manila, the Court declared that:
“The City of Manila, acting through its legislative branch, has the
express power to acquire private lands in the city and subdivide these lands into home lots for sale to bona-fide tenants or occupants thereof, and to laborers and low-salaried employees of the city.
That only a few could actually benefit from the expropriation of the property does not diminish its public use character. It is simply not possible to provide all at once land and shelter for all who need them (Sumulong v. Guerrero, 154 SCRA 461 [1987]).
Corollary to the expanded notion of public use, expropriation is not anymore confined to vast tracts of land and landed estates (Province of Camarines Sur v. Court of Appeals, G.R. Nol 103125, May 17, 1993; J. M. Tuason and Co., Inc. v. Land Tenure Administration, 31 SCRA 413 [1970]). It is therefore of no moment that the land sought to be expropriated in this case is less than the half a hectare only (Pulido v. Court of Appeals, 122 SCRA 63 [1983]).
Through the years, the public use requirement in eminent domain has evolved into a flexible concept, influenced by changing conditions (Sumulong v. Guerrero, supra; Manotok v. National Housing Authority, 150 SCRA 89 [1987]; Heirs of Juancho Ardona v. Reyes, 125 SCRA 220 [1983]). Public use now includes the broader notion of indirect public benefit or advantage, including a particular, urban land reform and housing.” xx”
THE CITY OF MANILAvs.CHINESE COMMUNITY OF MANILA, ET AL
Facts:The City of Manila filed a petition
for expropriation or private properties for the purpose of constructing public improvement. Included in the private properties to be expropriated is the parcel of lot covered by the Chinese Cemetery.
The Chinese Community refused the offer on the ground that expropriation is not necessary, there will be more expenses to be incurred and that parcels of lots to be expropriated were already devoted for public use.
Issue: WON the parcel of lot forming part of Chinese Cemetery and owned by the Chinese Community be expropriated
Ruling:The SC ruled in the negative. Thus,
it stated:
“xx Where a cemetery is open to public, it is a public use and no part of the ground can be taken for other public uses under a general authority. And this immunity extends to the unimproved and unoccupied parts which are held in good faith for future use… It is alleged, and not denied, that the cemetery in question may be used by the general community of Chinese, which fact, in the general acceptation of the definition of a public cemetery,
would make the cemetery in question public property. If that is true, then, of course, the petition of the plaintiff must be denied, for the reason that the city of Manila has no authority or right under the law to expropriate public property. xx”
The Supreme Court also added“xx But, whether or not the
cemetery is public or private property, its appropriation for the uses of a public street, especially during the lifetime of those specially interested in its maintenance as a cemetery, should be a question of great concern, and its appropriation should not be made for such purposes until it is fully established that the greatest necessity exists therefor. xx”
On the issue on whether the eminent domain may be exercised by a municipality, the Supreme Court ruled in the wise:
“xx It can scarcely be contended that a municipality would be permitted to take property for some public use unless some public necessity existed therefor. The right to take private property for public use originates in the necessity, and the taking must be limited by such necessity. The appellant contends that inasmuch as the legislature has given it general authority to take private property for public use, that the legislature has, therefore, settled the question of the necessity in every case and that the courts are closed to the owners of the property upon that question. Can it be imagined, when the legislature adopted section 2429 of Act No. 2711,
that it thereby declared that it was necessary to appropriate the property of Juan de la Cruz, whose property, perhaps, was not within the city limits at the time the law was adopted? The legislature, then, not having declared the necessity, can it be contemplated that it intended that a municipality should be the sole judge of the necessity in every case, and that the courts, in the face of the provision that "if upon trial they shall find that a right exists," cannot in that trial inquire into and hear proof upon the necessity for the appropriation in a particular case?
The Charter of the city of Manila authorizes the taking of private property for public use. Suppose the owner of the property denies and successfully proves that the taking of his property serves no public use: Would the courts not be justified in inquiring into that question and in finally denying the petition if no public purpose was proved? Can it be denied that the courts have a right to inquire into that question? If the courts can ask questions and decide, upon an issue properly presented, whether the use is public or not, is not that tantamount to permitting the courts to inquire into the necessity of the appropriation? If there is no public use, then there is no necessity, and if there is no necessity, it is difficult to understand how a public use can necessarily exist. If the courts can inquire into the question whether a public use exists or not, then it seems that it must follow that they can examine into the question of the necessity.
The very foundation of the right to exercise eminent domain is a genuine necessity, and that necessity must be of a public character. The
ascertainment of the necessity must precede or accompany, and not follow, the taking of the land. (Morrison vs. Indianapolis, etc. Ry. Co., 166 Ind., 511; Stearns vs. Barre, 73 Vt., 281; Wheeling, etc. R. R. Co. vs. Toledo, Ry. etc. Co., 72 Ohio St., 368.)
The general power to exercise the right of eminent domain must not be confused with the right to exercise it in a particular case. The power of the legislature to confer, upon municipal corporations and other entities within the State, general authority to exercise the right of eminent domain cannot be questioned by the courts, but that general authority of municipalities or entities must not be confused with the right to exercise it in particular instances. The moment the municipal corporation or entity attempts to exercise the authority conferred, it must comply with the conditions accompanying the authority. The necessity for conferring the authority upon a municipal corporation to exercise the right of eminent domain is admittedly within the power of the legislature. But whether or not the municipal corporation or entity is exercising the right in a particular case under the conditions imposed by the general authority, is a question which the courts have the right to inquire into.
The conflict in the authorities upon the question whether the necessity for the exercise of the right of eminent domain is purely legislative and not judicial, arises generally in the wisdom and propriety of the legislature in authorizing the exercise of the right of eminent domain instead of in the question of the right to exercise it in a
particular case. (Creston Waterworks Co. vs. McGrath, 89 Iowa, 502.)
By the weight of authorities, the courts have the power of restricting the exercise of eminent domain to the actual reasonable necessities of the case and for the purposes designated by the law. (Fairchild vs. City of St. Paul. 48 Minn., 540.) xx”
CAMARINES NORTE ELECTRIC COOPERATIVE, INC. (CANORECO) vs. COURT OF APPEALS, HON. LUIS L. DICTADO, Presiding Judge, RTC, Branch 39, Daet, Camarines Norte, EDUARDO R. MORENO, LT. COL. RUFINO CHAVEZ, CAPT. ALFREDO BORJA, CONRAD C. LEVISTE and VINES REALTY CORPORATION
Facts: Conrad Leviste filed a complaint for
the foreclosure of mortgage against Philippines Smelter Co. Judgment was made in favor of Leviste. Two parcels of lot were levied upon and were sold at public auction. The lots were sold to Vines Realty Co.
Owner Vines Realty Co. filed a petition for the removal of the improvements on the lot. Included in such improvements are the power lines owned by petitioner CANORECO.
Issue: WON the installed power lines and posts constitute expropriation of property that would required CANORECO to pay just compensation
Ruling:
The Supreme Court held that the simple right-of-way easement do not require the owner to be compensated. However, due to the nature of the power lines, the private owner is constricted in its use of the lot. The Supreme Court stated:
“xx Electric cooperatives, like CANORECO, are vested with the power of eminent domain.
The acquisition of an easement of a right-of-way falls within the purview of the power of eminent domain. Such conclusion finds support in easements of right-of-way where the Supreme Court sustained the award of just compensation for private property condemned for public use. The Supreme Court, in Republic vs. PLDT thus held that:
"Normally, of course, the power of eminent domain results in the taking or appropriation of title to, and possession of, the expropriated property; but no cogent reason appears why said power may not be availed of to impose only a burden upon the owner of condemned property, without loss of title and possession. It is unquestionable that real property may, through expropriation, be subjected to an easement of right-of-way."
However, a simple right-of-way easement transmits no rights, except the easement. Vines Realty retains full ownership and it is not totally deprived of the use of the land. It can continue doing what it wants to do with the land, except those that would result in contact with the wires.
The acquisition of this easement, nevertheless, is not gratis. Considering the nature and effect of the installation power lines, the limitations on the use of the land for an indefinite period deprives private
respondents of its ordinary use. For these reasons, Vines Realty is entitled to payment of just compensation, which must be neither more nor less than the money equivalent of the property.
Just compensation has been understood to be the just and complete equivalent of the loss, which the owner of the res expropriated has to suffer by reason of the expropriation. The value of the land and its character at the time it was taken by the Government are the criteria for determining just compensation. No matter how commendable petitioner’s purpose is, it is just and equitable that Vines Realty be compensated the fair and full equivalent for the taking of its property, which is the measure of the indemnity, not whatever gain would accrue to the expropriating entity.
Moreover, CANORECO only sought the continuation of the exercise of its right-of-way easement and not ownership over the land. Public utilities’ power of eminent domain may be exercised although title is not transferred to the expropriator.
Consequently, we rule that a court’s writ of demolition cannot prevail over the easement of a right-of-way which falls within the power of eminent domain. xx”
ESTATE OF SALUD JIMENEZ, petitioner, vs. PHILIPPINE EXPORT PROCESSING ZONE, respondent.
Facts:In 1981, Private respondent PEZA
filed a complaint before the RTC to expropriate three parcels of lot owned by Salud Jimenez.
Ten years thereafter, the trial court decide in favor of PEZA. However, the petitioner filed a motion for reconsideration on the ground that the properties will only be transferred to Philippine Vinyl, Co.
PEZA and the petitioner executed a compromise agreement. One of the provisions therein is that the disputed property of Salud Jimenez will be swapped with one of the lots owned by PEZA. Thus:
“Estate of Salud Jimenez shall transfer lot 1406-B with an area of 13,118 square meters which forms part of the lot registered under TCT No. 113498 of the Registry of Deeds of Cavite to the name of the plaintiff and the same shall be swapped and exchanged with lot 434 with an area of 14,167 square meters and covered by Transfer Certificate of Title No. 14772 of the Registry of Deeds of Cavite which lot will be transferred to the name of Estate of Salud Jimenez.
However, PEZA failed to transfer the parcel of lot to petitioner because the same was not registered under the name of PEZA but under Progressive Realty, Inc.
The trial court annulled the compromise agreement and ordered PEZA to return the property.
The Court of Appeals decided in favor of Salud Jimenez.
Issue: WON the disputed property may be returned to the estate of Salud Jimenez
Ruling:The SC held that the property
cannot be remanded back to petitioner Salud Jimenez despite the nonpayment of just compensation for 11 years. the SC has this to say:
“xx In the case at bar, the trial court approved the compromise agreement. Petitioner insists that Articles 2038, 2039 and 1330 of the New Civil Code should apply. Said articles provide that:
Article 2038. A compromise in which there is mistake, fraud, violence, intimidation, undue influence, or falsity of documents, is subject to the provisions of Article 1330 of this Code.
However, one of the parties cannot set up a mistake of fact as against the other if the latter, by virtue of the compromise, has withdrawn from a litigation already commenced.
Article 2039. When the parties compromise generally on all differences which they might have with each other, the discovery of documents referring to one or more but not to all of the questions settled shall not
itself be a cause for annulment or rescission of the compromise, unless said documents have been concealed by one of the parties.
But the compromise may be annulled or rescinded if it refers only to one thing to which one of the parties has no right, as shown by the newly discovered documents.(n)”
Article 1330. A contract where consent is given through mistake, violence, intimidation, undue influence, or fraud is voidable.[40]
The applicability of the above-quoted legal provisions will not change the outcome of the subject of the rescission. Since the compromise agreement was only about the mode of payment by swapping of lots and not about the right and purpose to expropriate the subject Lot 1406-B, only the originally agreed form of compensation that is by cash payment, was rescinded.
This Court holds that respondent has the legal authority to expropriate the subject Lot 1406-B and that the same was for a valid public purpose. In Sumulong v. Guerrero[41], this Court has ruled that,
the “public use” requirement for a valid exercise of the power of eminent domain is a flexible and evolving concept influenced by changing conditions. In this jurisdiction, the statutory and
judicial trend has been summarized as follows:
this Court has ruled that the taking to be valid must be for public use. There was a time when it was felt that a literal meaning should be attached to such a requirement. Whatever project is undertaken must be for the public to enjoy, as in the case of streets or parks. Otherwise expropriation is not allowable. It is not anymore. As long as the purpose of the taking is public, then the power of eminent domain comes into play… It is accurate to state then that at present whatever may be beneficially employed for the general welfare satisfies the requirement of public use. [Heirs of Juancho Ardona v. Reyes, 125 SCRA 220 (1983) at 234-235 quoting E. Fernando, the Constitution of the Philippines 523-4 (2nd Ed. 1977)
The term “public use” has acquired a more comprehensive coverage. To the literal import of the term signifying strict use or employment by the public has been added the broader notion of indirect public benefit or advantage.
In Manosca v. Court of Appeals, this Court has also held that what ultimately emerged is a concept of public use which is just as broad as “public welfare.”[42]
Respondent PEZA expropriated the subject parcel of land pursuant to Proclamation No. 1980 dated May 30, 1980
issued by former President Ferdinand Marcos. Meanwhile, the power of eminent domain of respondent is contained in its original charter, Presidential Decree No. 66, which provides that:
Section 23. Eminent Domain. – For the acquisition of rights of way, or of any property for the establishment of export processing zones, or of low-cost housing projects for the employees working in such zones, or for the protection of watershed areas, or for the construction of dams, reservoirs, wharves, piers, docks, quays, warehouses and other terminal facilities, structures and approaches thereto, the Authority shall have the right and power to acquire the same by purchase, by negotiation, or by condemnation proceedings. Should the authority elect to exercise the right of eminent domain, condemnation proceedings shall be maintained by and in the name of the Authority and it may proceed in the manner provided for by law. (italics supplied)
Accordingly, subject Lot 1406-B was expropriated “for the construction … of terminal facilities, structures and approaches thereto.” The authority is broad enough to give the respondent substantial leeway in deciding for what public use the expropriated property would be utilized. Pursuant to this broad authority, respondent leased a portion of the lot to commercial
banks while the rest was made a transportation terminal. Said public purposes were even reaffirmed by Republic Act No. 7916, a law amending respondent PEZA’s original charter, which provides that:
Sec. 7. ECOZONE to be a Decentralized Agro-Industrial, Industrial, Commercial/Trading, Tourist, Investment and Financial Community. Within the framework of the Constitution, the interest of national sovereignty and territorial integrity of the Republic, ECOZONE shall be developed, as much as possible, into a decentralized, self-reliant and self-sustaining industrial, commercial/trading, agro-industrial, tourist, banking, financial and investment center with minimum government intervention. Each ECOZONE shall be provided with transportation, telecommunications and other facilities needed to generate linkage with industries and employment opportunities for its own habitants and those of nearby towns and cities.
The ECOZONE shall administer itself on economic, financial, industrial, tourism development and such other matters within the exclusive competence of the national government. (italics supplied)
Among the powers of PEZA enumerated by the same law are:
Sec. 12. Functions and Powers of PEZA Board. ---- The Philippine Economic Zone Authority (PEZA) Board shall have the following function and powers:
(a) Set the general policies on the establishment and operations of the ECOZONE, Industrial estate, exports processing zones, free trade zones, and the like;
x x x
(c) Regulate and undertake the establishment, operation and maintenance of utilities, other services and infrastructure in the ECOZONE, such as heat, light and power, water supply, telecommunications, transport, toll roads and bridges, port services, etc. and to fix just, reasonable and competitive rates, fares, charges and fees thereof.[43]
In Manila Railroad Co. v. Mitchel[44], this Court has ruled that in the exercise of eminent domain, only as much land can be taken as is necessary for the legitimate purpose of the condemnation. The term “necessary”, in this connection, does not mean absolutely indispensable but requires only a reasonable necessity of the taking for the stated purpose, growth and future needs of the enterprise. The respondent cannot attain a self-sustaining and viable ECOZONE if inevitable needs in the expansion in the surrounding areas are hampered by the mere refusal of the private landowners to part with
their properties. The purpose of creating an ECOZONE and other facilities is better served if respondent directly owns the areas subject of the expansion program.
The contention of petitioner that the leasing of the subject lot to banks and building terminals was not expressly mentioned in the original charter of respondent PEZA and that it was only after PEZA devoted the lot to said purpose that Republic Act No. 7916 took effect, is not impressed with merit. It should be pointed out that Presidential Decree No. 66 created the respondent PEZA to be a viable commercial, industrial and investment area. According to the comprehensive wording of Presidential Decree No. 66, the said decree did not intend to limit respondent PEZA to the establishment of an export processing zone but it was also bestowed with authority to expropriate parcels of land “for the construction … of terminal facilities, structures and approaches thereto.” Republic Act No. 7916 simply particularized the broad language employed by Presidential Decree No. 66 by specifying the purposes for which PEZA shall devote the condemned lots, that is, for the construction and operation of an industrial estate, an export processing zone, free trade zones, and the like. The expropriation of Lot 1406-B for the purpose of being leased to banks and for the construction of a terminal has the purpose of
making banking and transportation facilities easily accessible to the persons working at the industries located in PEZA. The expropriation of adjacent areas therefore comes as a matter of necessity to bring life to the purpose of the law. In such a manner, PEZA’s goal of being a major force in the economic development of the country would be realized. Furthermore, this Court has already ruled that:
…(T)he Legislature may directly determine the necessity for appropriating private property for a particular improvement for public use, and it may select the exact location of the improvement. In such a case, it is well-settled that the utility of the proposed improvement, the existence of the public necessity for its construction, the expediency of constructing it, the suitableness of the location selected, are all questions exclusively for the legislature to determine, and the courts have no power to interfere or to substitute their own views for those of the representatives of the people.
In the absence of some constitutional or statutory provision to the contrary, the necessity and expediency of exercising the right of eminent domain are questions essentially political and not judicial in their character.[45]
Inasmuch as both Presidential Decree No. 66 and Republic Act No. 7916, bestow respondent
with authority to develop terminal facilities and banking centers, this Court will not question the respondent’s lease of certain portions of the expropriated lot to banks, as well as the construction of terminal facilities.
Petitioner contends that respondent is bound by the representations of its Chief Civil Engineer when the latter testified before the trial court that the lot was to be devoted for the construction of government offices. Anent this issue, suffice it to say that PEZA can vary the purpose for which a condemned lot will be devoted to, provided that the same is for public use. Petitioner cannot impose or dictate on the respondent what facilities to establish for as long as the same are for public purpose.
Lastly, petitioner appeals to the sense of justice and equity to this Court in restoring the said lot to its possession. From the time of the filing of the expropriation case in 1981 up to the present, respondent has not yet remunerated the petitioner although respondent has already received earnings from the rental payments by lessees of the subject property.
We have ruled that the concept of just compensation embraces not only the correct determination of the amount to be paid to the owners of the land, but also the payment of the land within a reasonable time from its taking. Without prompt payment, compensation cannot
be considered “just” inasmuch as the property owner is made to suffer the consequences of being immediately deprived of his land while being made to wait for a decade or more before actually receiving the amount necessary to cope with his loss.[46] Payment of just compensation should follow as a matter of right immediately after the order of expropriation is issued. Any delay in payment must be counted from said order. However, the delay to constitute a violation of due process must be unreasonable and inexcusable; it must be deliberately done by a party in order to defeat the ends of justice.
We find that respondent capriciously evaded its duty of giving what is due to petitioner. In the case at bar, the expropriation order was issued by the trial court in 1991. The compromise agreement between the parties was approved by the trial court in 1993. However, from 1993 up to the present, respondent has failed in its obligation to pay petitioner to the prejudice of the latter. Respondent caused damage to petitioner in making the latter to expect that it had a good title to the property to be swapped with Lot 1406-B; and meanwhile, respondent has been reaping benefits from the lease or rental income of the said expropriated lot. We cannot tolerate this oppressive exercise of the power of eminent domain by respondent. As we have ruled
in Cosculluela vs. Court of Appeals:[47]
In the present case, the irrigation project was completed and has been in operation since 1976. The project is benefiting the farmers specifically and the community in general. Obviously, the petitioner’s land cannot be returned to him. However, it is high time that the petitioner be paid what was due him eleven years ago. It is arbitrary and capricious for a government agency to initiate expropriation proceedings, seize a person’s property, allow the judgment of the court to become final and executory and then refuse to pay on the ground that there are no appropriations for the property earlier taken and profitably used. We condemn in the strongest possible terms the cavalier attitude of government officials who adopt such a despotic and irresponsible stance.
Though the respondent has committed a misdeed to petitioner, we cannot, however, grant the petitioner’s prayer for the return of the expropriated Lot No. 1406-B. The Order of expropriation dated July 11, 1991, has long become final and executory. Petitioner cited Provincial Government of Sorsogon v. Rosa E. Vda. De Villaroya[48] to support its contention that it is entitled to a return of the lot where this Court ruled that “under ordinary circumstances, immediate return to the owners of the unpaid
property is the obvious remedy.” However, the said statement was not the ruling in that case. As in other cases where there was no prompt payment by the government, this Court declared in Sorsogon that “the Provincial Government of Sorsogon is expected to immediately pay as directed. Should any further delay be encountered, the trial court is directed to seize any patrimonial property or cash savings of the province in the amount necessary to implement this decision.” However, this Court also stressed and declared in that case that “In cases where land is taken for public use, public interest, however, must be considered.” xx”
REPUBLIC OF THE PHILIPPINES vs. SALEM INVESTMENT CORPORATION, MARIA DEL CARMEN ROXAS DE ELIZALDE, CONCEPCION CABARRUS VDA. DE SANTOS
MILAGROS AND INOCENTES DE LA RAMA
Facts:Expropriation proceedings was filed
against the properties owned by Milagros and Inocentes dela Rama in 1983.
In 1988, a contract to sell was executed by Milagros and Inocentes dela Rama in favor of Alfredo Guerrero wherein the former received a partial payment of Php 2,200,000. Gerrero filed an action for specific performance to enforce the contract to sell.
While the case for specific performance was pending. The Republic of the Philippines filed a case for expropriation and deposited an amount of Php 12,970,350 representing the 10% of the approximate fair market value of the property. Guerrero filed a motion for intervention alleging that the de Ramas agreed to sell the disputed property to him.
In 1991, the petition for specific performance was granted by the RTC.
In 1995, the RTC declared that Guerrero was the rightful owner of the property in dispute and that just compensation should be paid to him.
Issue: WON Guerrero is the rightful owner of the property to be expropriated and in effect, just compensation whould be paid to him
Ruling:The SC held that Guerrero has the
rightful title. It was explained thus:“xx It is true that the contract to sell did not convey to Guerrero the subject parcel of land described therein. However, it created an obligation on the part of the De la Ramas to convey the land, subject to the fulfillment of the suspensive conditions therein stated. The declaration of this contract’s validity, which paved the way for the subsequent execution of the Deed of Absolute Sale on March 8, 1994, following the order of the Regional Trial
Court for its execution, by the Clerk of Court, Branch 113, Pasay City, effectively conveyed ownership of said parcel of lot xx”
As regards to the amount to be paid by Guerrero to the de Ramas, the SC stated that the RTC has already ruled on the matter and the purchase price with legal interest was fixed by said court at Php 1,383,000. Thus:
“xx Petitioners can no longer question a judgment which has already become final and executory. The order of the Regional Trial Court on the payment of legal interest was issued on September 18, 1991 in the case for specific performance against the De la Ramas (Civil Case No. 6974-P). Hence, they are already barred from questioning it now in this proceeding.
Finally, we take note of the fact that the De la Ramas have withdrawn and appropriated for themselves the amount paid by Guerrero. This amount represented the purchase price of the entire 4,075 square meters of land, including the expropriated portion, which was the subject of their agreement. The payment, therefore, to them of the value of the expropriated portion would unjustly enrich them. xx”
NATIONAL POWER CORPORATION vs.SPS. MISERICORDIA GUTIERREZ and RICARDO MALIT and THE HONORABLE COURT OF APPEALS
Facts: In order for NAPOCOR to construct
230 KV Mexico-Limay transmission lines, the power lines will have to pass though several parcels of lots owned by private respondents. A commission was created to determine the amount of just compensation to be awarded to the private owners.
However, the private respondents contested the findings of the commission that the award was only Php 10.00. The contention was that the amunt should be the market value of the parcel of lot which is Php 50.00 pr square meter.Issue: WON the amount to be awarded to the private owners should be the full market value considering the nature of the installation of power lines
Ruling:The Supreme Court held that the
just compensation should be equivalent to the amount of loss which the owner shall suffer by reason of such expropriation. Thus the High Court has promptly observed:
". . . While it is true that plaintiff are (sic) only after a right-of-way easement, it nevertheless perpetually deprives defendants of their proprietary rights as manifested by the
imposition by the plaintiff upon defendants that below said transmission lines no plant higher than three (3) meters is allowed. Furthermore, because of the high-tension current conveyed through said transmission lines, danger to life and limbs that may be caused beneath said wires cannot altogether be discounted, and to cap it all plaintiff only pays the fee to defendants once, while the latter shall continually pay the taxes due on said affected portion of their property."
The foregoing facts considered, the acquisition of the right-of-way easement falls within the purview of the power of eminent domain. Such conclusion finds support in similar cases of easement of right-of-way where the Supreme Court sustained the award of just compensation for private property condemned for public use (See National Power Corporation vs. Court of Appeals, 129 SCRA 665, 1984; Garcia vs. Court of Appeals, 102 SCRA 597,1981). The Supreme Court, in Republic of the Philippines vs. PLDT, * thus held that:
Normally, of course, the power of eminent domain results in the taking or appropriation of title to, and possession of, the expropriated property; but no cogent reason appears why said power may not be availed of to impose only a burden upon the owner of condemned property, without loss of title and possession. It is unquestionable that real property may, through expropriation, be subjected to an easement of right-of-way.
In the case at bar, the easement of right-of-way is definitely a taking under the power of eminent domain. Considering the nature and effect of
the installation of the 230 KV Mexico-Limay transmission lines, the limitation imposed by NPC against the use of the land for an indefinite period deprives private respondents of its ordinary use.
For these reasons, the owner of the property expropriated is entitled to a just compensation, which should be neither more nor less, whenever it is possible to make the assessment, than the money equivalent of said property. Just compensation has always been understood to be the just and complete equivalent of the loss which the owner of the thing expropriated has to suffer by reason of the expropriation (Province of Tayabas vs. Perez, 66 Phil. 467 [1938]; Assoc. of Small Land Owners of the Phils., Inc. vs. Secretary of Agrarian Reform, G.R. No. 78742; Acuna vs. Arroyo, G.R. No. 79310; Pabrico vs. Juico, G.R. No. 79744; Manaay v. Juico, G.R. No. 79777,14 July 1989, 175 SCRA 343 [1989]). The price or value of the land and its character at the time it was taken by the Government are the criteria for determining just compensation (National Power Corp. v. Court of Appeals, 129 SCRA 665, [1984]). The above price refers to the market value of the land which may be the full market value thereof. According to private respondents, the market value of their lot is P50.00 per square meter because the said lot is adjacent to the National and super highways of Gapan, Nueva Ecija and Olongapo City.
Private respondents recognize the inherent power of eminent domain being exercised by NPC when it finally consented to the expropriation of the said portion of their land, subject however to payment of just compensation. No matter how
laudable NPC's purpose is, for which expropriation was sought, it is just and equitable that they be compensated the fair and full equivalent for the loss sustained, which is the measure of the indemnity, not whatever gain would accrue to the expropriating entity (EPZA v. Dulay, 149 SCRA 305 [1987]; Mun. of Daet v. Court of Appeals, 93 SCRA 503 (1979]).
MUNICIPALITY OF PARAÑAQUE vs. V.M. REALTY CORPORATION
Facts:Sangguniang Bayan of Paranaque
passed a resolution to expropriate two parcels of lots with a total of 10,000 square meters belonging to VM Realty Co. A complaint for expropriation was filed against the private owner and the trial court gave tit due course.
The private corporation in its answer argued that the expropriation proceedings was not valid because there was no ordinance authorizing such proceedings. mere resolution was not tantamount to an ordinance.
Issue: WON the resolution of the SAngguniang Bayan of Paranaque is a substantial compliance of the staturoy requirement of R.A. 7160 on expropriation proceedings.
Ruling:The SC held that there was no cause
of action. Thus, it was stated:“xx The fact that there is no cause of action is evident from the face of the
Complaint for expropriation which was based on a mere resolution. The absence of an ordinance authorizing the same is equivalent to lack of cause of action. Consequently, the Court of Appeals committed no reversible error in affirming the trial court’s Decision which dismissed the expropriation suit. xx”
Another issue raised in this case is whether the State may expropriate the same property once all the legally requirements were meant. As the SC discussed:
“xx The scope of eminent domain is plenary and, like police power, can “reach every form of property which the State might need for public use. “All separate interests of individuals in property are held of the government under this tacit agreement or implied reservation. Notwithstanding the grant to individuals, the eminent domain, the highest and most exact idea of property, remains in the government, or in the aggregate body of the people in their sovereign capacity; and they have the right to resume the possession of the property whenever the public interest requires it. Thus, the State or its authorized agent cannot be forever barred from exercising said right by reason alone of previous non-compliance with any legal requirement.
While the principle of res judicata does not denigrate the right of the State to exercise eminent domain, it does apply to specific issues decided in a previous case. For example, a final
judgment dismissing an expropriation suit on the ground that there was no prior offer precludes another suit raising the same issue; it cannot, however, bar the State or its agent from thereafter complying with this requirement, as prescribed by law, and subsequently exercising its power of eminent domain over the same property. By the same token, our ruling that petitioner cannot exercise its delegated power of eminent domain through a mere resolution will not bar it from reinstituting similar proceedings, once the said legal requirement and, for that matter, all others are properly complied with. Parenthetically and by parity of reasoning, the same is also true of the principle of “law of the case.” In Republic vs De Knecht, the Court ruled that the power of the State or its agent to exercise eminent domain is not diminished by the mere fact that a prior final judgment over the property to be expropriated has become the law of the case as to the parties. The State or its authorized agent may still subsequently exercise its right to expropriate the same property, once all legal requirements are complied with. To rule otherwise will not only improperly diminish the power of eminent domain, but also clearly defeat social justice. xx”
REPUBLIC OF THE PHILIPPINES, GENERAL ROMEO ZULUETA, COMMODORE EDGARDO GALEOS, ANTONIO CABALUNA, DOROTEO MANTOS & FLORENCIO BELOTINDOS vs. VICENTE G. LIM
Facts:In 1938, Republic of the Philippines
expropriated two lots owned by Gervasia Denzon and Eulalia Denzon. A deposit amounting to Php 9,500 was made with PNB pursuant to the order of the CFI. The Republic took possession of the lot thereafter but the just compensation held by the same court amounting to Php 4.062 was never made to the Denzons.
Jose Galeos, heir of the Denzons filed a claims for rentals on the lots from National Airports Commission. The claim was rejected.
In 1961, there being no payment of just compensation from the government, successors-in-interests, Valdehueza and Panerio, filed a complaint for recovery in possession of the properties. The CFI decided in their favor, stating that they retain ownership over the properties. However, they were ordered to sell the same to the Republic.
In 1964, Valdehueza and Panerio executed a mortgage over the disputed properties in favor of Vicente Lim.
In 1992, there still being no payment of just compensation, Lim filed a complaint for quieting of title over the properties.
Issue: whether the Republic has retained ownership of Lot 932 despite its failure to pay respondent’s predecessors-in-interest the just compensation therefor pursuant to the judgment of the CFI rendered as early as May 14, 1940
Ruling:The SC held that the two parcels of
lots are still owned by the Valdehueza and Panerio. The rights of Vicente Lim as a mortgagee is still protected. Thus, it is held:
“xx Here, the annotation merely served as a caveat that the Republic had a preferential right to acquire Lot 932 upon its payment of a “reasonable market value.” It did not proscribe Valdehueza and Panerio from exercising their rights of ownership including their right to mortgage or even to dispose of their property. In Republic vs. Salem Investment Corporation we recognized the owner’s absolute right over his property pending completion of the expropriation proceeding, thus:
“It is only upon the completion of these two stages that expropriation is said to have been completed. Moreover, it is only upon payment of just compensation that title over the property passes to the government. Therefore, until the action for expropriation has been completed and terminated, ownership over the property being expropriated remains with the registered owner. Consequently, the latter can exercise all rightspertaining to an owner, including the right to dispose of his property subject to the power of the State
ultimately to acquire it through expropriation.
It bears emphasis that when Valdehueza and Panerio mortgaged Lot 932 to respondent in 1964, they were still the owners thereof and their title had not yet passed to the petitioner Republic. In fact, it never did. Such title or ownership was rendered conclusive when we categorically ruled in Valdehueza that: “It is true that plaintiffs are still the registered owners of the land, there not having been a transfer of said lots in favor of the Government.”
For respondent’s part, it is reasonable to conclude that he entered into the contract of mortgage with Valdehueza and Panerio fully aware of the extent of his right as a mortgagee. A mortgage is merely an accessory contract intended to secure the performance of the principal obligation. One of its characteristics is that it is inseparable from the property. It adheres to the property regardless of who its owner may subsequently be.[25] Respondent must have known that even if Lot 932 is ultimately expropriated by the Republic, still, his right as a mortgagee is protected. In this regard, Article 2127 of the Civil Code provides:
“Art. 2127. The mortgage extends to the natural accessions, to the
improvements, growing fruits, and the rents or income not yet received when the obligation becomes due, and to the amount of the indemnity granted or owing to the proprietor from the insurers of the property mortgaged, or in virtue of expropriation for public use, with the declarations, amplifications, and limitations established by law, whether the estate remains in the possession of the mortgagor or it passes in the hands of a third person.
In summation, while the prevailing doctrine is that “the non-payment of just compensation does not entitle the private landowner to recover possession of the expropriated lots, however, in cases where the government failed to pay just compensation within five (5) years from the finality of the judgment in the expropriation proceedings, the owners concerned shall have the right to recover possession of their property. This is in consonance with the principle that “the government cannot keep the property and dishonor the judgment.” To be sure, the five-year period limitation will encourage the government to pay just compensation punctually. This is in keeping with justice and equity. After all, it is the duty of the government, whenever it takes property from private persons against their will, to facilitate the payment of just compensation. In Cosculluela v.
Court of Appeals, we defined just compensation as not only the correct determination of the amount to be paid to the property owner but also the payment of the property within a reasonable time. Without prompt payment, compensation cannot be considered “just.” xx”
It was also held that Vicente Lim did not act in bad faith.
“xx 932 by its failure to pay just compensation. The issue of bad faith would have assumed relevance if the Republic actually acquired title over Lot 932. In such a case, even if respondent’s title was registered first, it would be the Republic’s title or right of ownership that shall be upheld. But now, assuming that respondent was in bad faith, can such fact vest upon the Republic a better title over Lot 932? We believe not. This is because in the first place, the Republic has no title to speak of. xx”
CASES ON EMINENT DOMAIN
• CAMARINES NORTE ELECTRIC
COOPERATIVE, INC. v. COURT OF APPEALS
Facts:
Conrad L. Leviste filed with the
Regional Trial Court a complaint for
collection of a sum of money and
foreclosure of mortgage against Philippine
Smelter Corporation (PSC). The trial court
rendered decision in favor of Leviste for
failure of PSC to file an answer to the
complaint.
When the decision was final and
executory, the trial court issued a writ of
execution and the respondent sheriff levied
upon two parcels of land which were sold at
a public auction in favor of Vines Realty
Corporation (Vines Realty).
After the writ of possession was
granted to Vines Realty, it filed an amended
motion for an order of demolition and
removal of improvements on the subject
land, included were the power lines and
electric posts belonging to the petitioner.
Petitioner opposed the motion on the
ground that petitioner was not the party to
the case and therefore not bound by the
judgment of the trial court and that it had
subsisting right-of-way agreements over
said property.
The trial court, however, directed to
shut off the power lines energizing several
business establishments in the area. Vines
Realty cut down petitioner’s electric posts
professedly using a chainsaw.
After the petition filed before the
Court of Appeals was dismissed, the
petitioner re-constructed its power lines
along the provincial road upon the
authority of the District Engineer of the
DPWH due to public need. Vines Realty
however sent a letter prohibiting the said
construction without its permission.
Petitioner replied that the power lines were
constructed within the right of way of the
provincial road.
Hence, this petition.
Issue/s:
1. Whether the petitioner is entitled
to retain possession of the power
lines located in the land sold at
public auction as a result of extra-
judicial foreclosure of mortgage.
Ruling:
The Court finds that the trial court
gravely abused its discretion in hastily
ordering the removal of the electric posts.
The trial court failed to appreciate the
nature of electric cooperatives as public
utilities.
Among the powers granted to electric
cooperatives by virtue of Presidential
Decree No. 269 are:
“Section 16 Powers-
(j) To construct, maintain
and operate electric
transmission and
distribution lines along,
upon, under and across
publicly owned lands and
public thoroughfares,
including, without
limitation, all roads,
highways, streets, alleys,
bridges and causeways;
Provided, that such shall
not prevent or unduly
impair the primary public
uses to which such lands
and thoroughfares are
otherwise devoted;
“(k) To exercise the power
of eminent domain in the
manner provided by law for
the exercise of such power
by other corporations
constructing or operating
electric generating plants
and electric transmission
and distribution lines or
systems.”
Electric cooperatives, like CANORECO,
are vested with the power of eminent
domain.
The acquisition of an easement of a
right-of-way falls within the purview of the
power of eminent domain. Such conclusion
finds support in easements of right-of-way
where the Supreme Court sustained the
award of just compensation for private
property condemned for public use. The
Supreme Court, in Republic vs. PLDT thus
held that:
"Normally, of course, the
power of eminent domain
results in the taking or
appropriation of title to,
and possession of, the
expropriated property; but
no cogent reason appears
why said power may not be
availed of to impose only a
burden upon the owner of
condemned property,
without loss of title and
possession. It is
unquestionable that real
property may, through
expropriation, be subjected
to an easement of right-of-
way."
However, a simple right-of-way
easement transmits no rights, except the
easement. Vines Realty retains full
ownership and it is not totally deprived of
the use of the land. It can continue doing
what it wants to do with the land, except
those that would result in contact with the
wires.
The acquisition of this easement,
nevertheless, is not gratis. Considering the
nature and effect of the installation power
lines, the limitations on the use of the land
for an indefinite period deprives private
respondents of its ordinary use. For these
reasons, Vines Realty is entitled to payment
of just compensation, which must be
neither more nor less than the money
equivalent of the property.
Just compensation has been
understood to be the just and complete
equivalent of the loss, which the owner of
the res expropriated has to suffer by reason
of the expropriation. The value of the land
and its character at the time it was taken by
the Government are the criteria for
determining just compensation. No matter
how commendable petitioner’s purpose is,
it is just and equitable that Vines Realty be
compensated the fair and full equivalent for
the taking of its property, which is the
measure of the indemnity, not whatever
gain would accrue to the expropriating
entity.
Moreover, CANORECO only sought the
continuation of the exercise of its right-of-
way easement and not ownership over the
land. Public utilities’ power of eminent
domain may be exercised although title is
not transferred to the expropriator.
Consequently, the Supreme Court
ruled that a court’s writ of demolition
cannot prevail over the easement of a
right-of-way which falls within the power
of eminent domain.
Private respondents are ordered to
restore or restitute petitioner’s electric
posts and power lines or otherwise
indemnify petitioner for the cost of the
restoration thereof. Finally, private
respondents are permanently enjoined or
prohibited from disturbing or interfering
with the operation and maintenance of the
business of petitioner.
• PHILIPPINE PRESS INSTITUTE v.
COMMISSION ON ELECTIONS
Facts:
The Philippine Press Institute, Inc.
(PPI), a non-stock, non-profit organization
of newspaper and magazine publishers, is
assailing the constitutional validity of
Resolution No. 2772 issued by respondent
COMELEC and its corresponding COMELEC
directive dated 22 March 1995, through a
petition for Certiorari and Prohibition.
Resolution No. 2772 asks the
allocation of free print space of not less
than one half (1/2) page in at least one
newspaper of general circulation in every
province or city for use as "Comelec Space."
PPI asks the Court to declare
COMELEC Resolution No. 2772
unconstitutional and void on the ground
that it violates the prohibition imposed by
the Constitution upon the government, and
any of its agencies, against the taking of
private property for public use without just
compensation.
The Solicitor General argued that
the questioned Resolution and its
implementing letter directives do not
provide any criminal or administrative
sanction for non-compliance. Moreover,
even if they are viewed as mandatory, the
same would be valid as an exercise of the
police power of the State.
Issue/s:
1. Whether or not Section 2 of
COMELEC Resolution No. 2772 can
be classified as “taking” of private
property for public use without
just compensation.
2. Whether or not Section 2 of
COMELEC Resolution No. 2772 is a
valid exercise of the police power
of the State.
Ruling:
Section 2 of Resolution No. 2772 is
clearly susceptible of the reading that
petitioner PPI has given it.
That Resolution No. 2772 does not,
in express terms, threaten publishers who
would disregard it or its implementing
letters with some criminal or other
sanction, does not by itself demonstrate
that the Comelec's original intention was
simply to solicit or request voluntary
donations of print space from publishers. A
written communication officially directing a
print media company to supply free print
space, dispatched by a government (here a
constitutional) agency and signed by a
member of the Commission presumably
legally authorized to do so, is bound to
produce a coercive effect upon the
company so addressed. That the agency
may not be legally authorized to impose, or
cause the imposition of, criminal or other
sanctions for disregard of such directions,
only aggravates the constitutional
difficulties inhearing in the present
situation. The enactment or addition of
such sanctions by the legislative authority
itself would be open to serious
constitutional objection.
To compel print media
companies to donate " COMELEC -space" of
the dimensions specified in Section 2 of
Resolution No. 2772 (not less than one-half
page), amounts to "taking" of private
personal property for public use or
purposes. Section 2 failed to specify the
intended frequency of such compulsory
"donation:" only once during the period
from 6 March 1995 (or 21 March 1995) until
12 May 1995? or everyday or once a week?
or as often as COMELEC may direct during
the same period? The extent of the taking
or deprivation is not insubstantial; this is
not a case of a de minimis temporary
limitation or restraint upon the use of
private property. The monetary value of the
compulsory "donation," measured by the
advertising rates ordinarily charged by
newspaper publishers whether in cities or in
non-urban areas, may be very substantial
indeed.
The taking of print space here
sought to be effected may first be appraised
under the rubric of expropriation of private
personal property for public use. The
threshold requisites for a lawful taking of
private property for public use need to be
examined here:
one is the necessity for the
taking; another is the legal
authority to effect the
taking.
The element of necessity
for the taking has not been
shown by respondent
COMELEC.
It has not been suggested that the
members of PPI are unwilling to sell print
space at their normal rates to COMELEC for
election purposes. Indeed, the
unwillingness or reluctance of COMELEC to
buy print space lies at the heart of the
problem.
Similarly, it has not been
suggested, let alone demonstrated, that
COMELEC has been granted the power of
eminent domain either by the Constitution
or by the legislative authority. A
reasonable relationship between that
power and the enforcement and
administration of election laws by
COMELEC must be shown; it is not casually
to be assumed.
That the taking is designed to
subserve "public use" is not contested by
petitioner PPI. We note only that, under
Section 3 of Resolution No. 2772, the free
"COMELEC space" sought by the
respondent Commission would be used not
only for informing the public about the
identities, qualifications and programs of
government of candidates for elective office
but also for "dissemination of vital election
information" (including, presumably,
circulars, regulations, notices, directives,
etc. issued by COMELEC). It seems to the
Court a matter of judicial notice that
government offices and agencies (including
the Supreme Court) simply purchase print
space, in the ordinary course of events,
when their rules and regulations, circulars,
notices and so forth need officially to be
brought to the attention of the general
public.
The taking of private property for
public use is, of course, authorized by the
Constitution, but not without payment of
"just compensation" (Article III, Section 9).
And apparently the necessity of paying
compensation for "COMELEC space" is
precisely what is sought to be avoided by
respondent Commission, whether Section 2
of Resolution No. 2772 is read as petitioner
PPI reads it, as an assertion of authority to
require newspaper publishers to "donate"
free print space for COMELEC purposes, or
as an exhortation, or perhaps an appeal, to
publishers to donate free print space, as
Section 1 of Resolution No. 2772-A
attempts to suggest. There is nothing at all
to prevent newspaper and magazine
publishers from voluntarily giving free print
space to COMELEC for the purposes
contemplated in Resolution No. 2772.
Section 2 of Resolution No. 2772
does not, however, provide a constitutional
basis for compelling publishers, against
their will, in the kind of factual context here
present, to provide free print space for
COMELEC purposes. Section 2 does not
constitute a valid exercise of the power of
eminent domain.
As earlier noted, the Solicitor
General also contended that Section 2 of
Resolution No. 2772, even if read as
compelling publishers to "donate"
"COMELEC space, " may be sustained as a
valid exercise of the police power of the
state. This argument was, however, made
too casually to require prolonged
consideration on our part.
Firstly, there was no effort (and
apparently no inclination on the part of
COMELEC) to show that the police power —
essentially a power of legislation — has
been constitutionally delegated to
respondent Commission. Secondly, while
private property may indeed be validly
taken in the legitimate exercise of the
police power of the state, there was no
attempt to show compliance in the instant
case with the requisites of a lawful taking
under the police power.
Section 2 of Resolution No. 2772 is
a blunt and heavy instrument that purports,
without a showing of existence of a national
emergency or other imperious public
necessity, indiscriminately and without
regard to the individual business condition
of particular newspapers or magazines
located in differing parts of the country, to
take private property of newspaper or
magazine publishers. No attempt was made
to demonstrate that a real and palpable or
urgent necessity for the taking of print
space confronted the COMELEC and that
Section 2 of Resolution No. 2772 was itself
the only reasonable and calibrated
response to such necessity available to the
COMELEC. Section 2 does not constitute a
valid exercise of the police power of the
State.
Section 2 of Resolution No. 2772, in
its present form and as interpreted by
COMELEC in its 22 March 1995 letter
directives, purports to require print media
enterprises to "donate" free print space to
COMELEC. As such, Section 2 suffers from a
fatal constitutional vice and must be set
aside and nullified.
• TELECOMMUNICATIONS AND
BROADCAST ATTORNEYS OF THE
PHILIPPINES, INC. v. COMELEC
Facts:
In the present case, the Court
considers the validity of §92 of B.P. Blg. No.
881 against claims that the requirement
that radio and television time be given free
takes property without due process of law;
that it violates the eminent domain clause
of the Constitution which provides for the
payment of just compensation; that it
denies broadcast media the equal
protection of the laws; and that, in any
event, it violates the terms of the franchise
of petitioner GMA Network, Inc.
Petitioner Telecommunications and
Broadcast Attorneys of the Philippines, Inc.
is an organization of lawyers of radio and
television broadcasting companies. They
are suing as citizens, taxpayers, and
registered voters. The other petitioner,
GMA Network, Inc., operates radio and
television broadcasting stations throughout
the Philippines under a franchise granted by
Congress.
Petitioner claims that it suffered
losses running to several million pesos in
providing COMELEC Time in connection
with the 1992 presidential election and the
1995 senatorial election and that it stands
to suffer even more should it be required to
do so again this year. Petitioner's allegation
that it will suffer losses again because it is
required to provide free air time is sufficient
to give it standing to question the validity of
§92.
. Petitioners claim that the primary
source of revenue of the radio and
television stations is the sale of air time to
advertisers and that to require these
stations to provide free air time is to
authorize a taking which is not "a de
minimis temporary limitation or restraint
upon the use of private property.
B.P. Blg. 881, (Omnibus
Election Code)
Sec. 92. Comelec time. —
The commission shall
procure radio and television
time to be known as
"Comelec Time" which shall
be allocated equally and
impartially among the
candidates within the area
of coverage of all radio and
television stations. For this
purpose, the franchise of all
radio broadcasting and
television stations are
hereby amended so as to
provide radio or television
time, free of charge, during
the period of the campaign.
(Sec. 46, 1978 EC)
Thus, the law prohibits mass media
from selling or donating print space and air
time to the candidates and requires the
COMELEC instead to procure print space
and air time for allocation to the
candidates. It will be noted that while §90
of B.P. Blg. 881 requires the COMELEC to
procure print space which, as we have held,
should be paid for, §92 states that air time
shall be procured by the COMELEC free of
charge.
Petitioners challenge the validity of
§92 on the ground (1) that it takes property
without due process of law and without just
compensation; (2) that it denies radio and
television broadcast companies the equal
protection of the laws; and (3) that it is in
excess of the power given to the COMELEC
to supervise or regulate the operation of
media of communication or information
during the period of election.
Issue/s:
1. Whether or not §92 of B.P. Blg. No.
881 violates the eminent domain
clause of the Constitution which
provides for the payment of just
compensation.
Ruling:
Radio and television broadcasting
companies, which are given franchises, do
not own the airwaves and frequencies
through which they transmit broadcast
signals and images. They are merely given
the temporary privilege of using them.
Since a franchise is a mere privilege, the
exercise of the privilege may reasonably be
burdened with the performance by the
grantee of some form of public service.
In the granting of the privilege to
operate broadcast stations and thereafter
supervising radio and television stations,
the state spends considerable public funds
in licensing and supervising such
stations. 18 It would be strange if it cannot
even require the licensees to render public
service by giving free air time.
The claim that petitioner would be
losing P52,380,000 in unrealized revenue
from advertising is based on the assumption
that air time is "finished product" which, it
is said, become the property of the
company, like oil produced from refining or
similar natural resources after undergoing a
process for their production. But air time is
not owned by broadcast companies.
As held in Red Lion Broadcasting
Co. v. F.C.C., 19 which upheld the right of a
party personally attacked to reply, "licenses
to broadcast do not confer ownership of
designated frequencies, but only the
temporary privilege of using them."
Consequently, "a license permits
broadcasting, but the license has no
constitutional right to be the one who holds
the license or to monopolize a radio
frequency to the exclusion of his fellow
citizens. There is nothing in the First
Amendment which prevents the
Government from requiring a licensee to
share his frequency with others and to
conduct himself as a proxy or fiduciary with
obligations to present those views and
voices which are representative of his
community and which would otherwise, by
necessity, be barred from the airwaves." As
radio and television broadcast stations do
not own the airwaves, no private property
is taken by the requirement that they
provide air time to the COMELEC.
The basic flaw in petitioner's
argument is that it assumes that the
provision for COMELEC Time constitutes the
use and operation of the stations of the
GMA Network, Inc., This is not so. Under
§92 of B.P. Blg. 881, the COMELEC does not
take over the operation of radio and
television stations but only the allocation of
air time to the candidates for the purpose
of ensuring, among other things, equal
opportunity, time, and the right to reply as
mandated by the Constitution. 23
For the fact is that the duty
imposed on the GMA Network, Inc. by its
franchise to render "adequate public
service time" implements §92 of B.P. Blg.
881. Undoubtedly, its purpose is to enable
the government to communicate with the
people on matters of public interest.
In sum, B.P. Blg. 881, §92 is not an
invalid amendment of petitioner's franchise
but the enforcement of a duty voluntarily
assumed by petitioner in accepting a public
grant of privilege.
Thus far, we have confined the
discussion to the provision of §92 of B.P.
Blg. 881 for free air time without taking into
account COMELEC Resolution No. 2983-A,
§2 of which states:
Sec. 2. Grant of "Comelec
Time." — Every radio
broadcasting and television
station operating under
franchise shall grant the
Commission, upon payment
of just compensation, at
least thirty (30) minutes of
prime time daily, to be
known as "Comelec Time",
effective February 10, 1998
for candidates for
President, Vice-President
and Senators, and effective
March 27, 1998, for
candidates for local elective
offices, until May 9, 1998.
(Emphasis added).
This is because the amendment
providing for the payment of "just
compensation" is invalid, being in
contravention of §92 of B.P. Blg. 881 that
radio and television time given during the
period of the campaign shall be "free of
charge." Indeed, Resolution No. 2983
originally provided that the time allocated
shall be "free of charge," just as §92
requires such time to be given "free of
charge." The amendment appears to be a
reaction to petitioner's claim in this case
that the original provision was
unconstitutional because it allegedly
authorized the taking of property without
just compensation. Hence, the amendment
cannot be invoked by the parties.
Petitioners complain that B.P. Blg.
881, §92 singles out radio and television
stations to provide free air time. They
contend that newspapers and magazines
are not similarly required as, in fact,
in Philippine Press Institute v. COMELEC, the
Court upheld their right to the payment of
just compensation for the print space they
may provide under §90.
The argument will not bear analysis.
It rests on the fallacy that broadcast media
are entitled to the same treatment under
the free speech guarantee of the
Constitution as the print media. There are
important differences in the characteristics
of the two media, however, which justify
their differential treatment for free speech
purposes. Because of the physical
limitations of the broadcast spectrum, the
government must, of necessity, allocate
broadcast frequencies to those wishing to
use them. There is no similar justification
for government allocation and regulation of
the print media.
In the allocation of limited
resources, relevant conditions may validly
be imposed on the grantees or licensees.
The reason for this is that, as already noted,
the government spends public funds for the
allocation and regulation of the broadcast
industry, which it does not do in the case of
the print media. To require the radio and
television broadcast industry to provide
free air time for the COMELEC Time is a fair
exchange for what the industry gets.
From another point of view, this
Court has also held that because of the
unique and pervasive influence of the
broadcast media, "[n]ecessarily . . . the
freedom of television and radio
broadcasting is somewhat lesser in scope
than the freedom accorded to newspaper
and print media."
Petitioners' assertion therefore that
§92 of B.P. Blg. 881 denies them the equal
protection of the law has no basis. In
addition, their plea that §92 (free air time)
and §11(b) of R.A. No. 6646 (ban on paid
political ads) should be invalidated would
pave the way for a return to the old regime
where moneyed candidates could
monopolize media advertising to the
disadvantage of candidates with less
resources. That is what Congress tried to
reform in 1987 with the enactment of R.A.
No. 6646. We are not free to set aside the
judgment of Congress, especially in light of
the recent failure of interested parties to
have the law repealed or at least modified.
With the prohibition on media
advertising by candidates themselves, the
COMELEC Time and COMELEC Space are
about the only means through which
candidates can advertise their qualifications
and programs of government. More than
merely depriving their qualifications and
programs of government. More than merely
depriving candidates of time for their ads,
the failure of broadcast stations to provide
air time unless paid by the government
would clearly deprive the people of their
right to know. Art III, §7 of the Constitution
provides that "the right of the people to
information on matters of public concern
shall be recognized," while Art. XII, §6 states
that "the use of property bears a social
function [and] the right to own, establish,
and operate economic enterprises [is]
subject to the duty of the State to promote
distributive justice and to intervene when
the common good so demands."
To affirm the validity of §92 of B.P.
Blg. 881 is to hold public broadcasters to
their obligation to see to it that the variety
and vigor of public debate on issues in an
election is maintained. For while broadcast
media are not mere common carriers but
entities with free speech rights, they are
also public trustees charged with the duty
of ensuring that the people have access to
the diversity of views on political issues.
This right of the people is paramount to the
autonomy of broadcast media. To affirm the
validity of §92, therefore, is likewise to
uphold the people's right to information on
matters of public concern. The use of
property bears a social function and is
subject to the state's duty to intervene for
the common good. Broadcast media can
find their just and highest reward in the fact
that whatever altruistic service they may
render in connection with the holding of
elections is for that common good.
• REPUBLIC OF THE PHILIPPINES v. PLDT
Facts:
This case arose from a complaint
filed on May 17, 1972 by the Republic
Telephone Company [RETELCO] (now PLDT),
seeking to enjoin the respondents Director
or Acting Director of the Bureau of
Telecommunications (now DOTC); its
Regional Superintendent; the Exchange
Manager and Chief Operator of the Bureau
of Telecommunications at Malolos, Bulacan,
and the agents and representatives acting
in their behalf, from operating and
maintaining their local telephone system in
Malolos, Bulacan and from soliciting
subscribers in that municipality and its
environs, alleging inter alia that such
operations and maintenance of the
telephone system and solicitation of
subscribers by respondents constituted an
unfair and ruinous competition to the
detriment of petitioner [RETELCO] who is a
grantee of both municipal and legislative
franchises for the purpose.
Order was issued on June 30, 1972,
restraining respondents [BUTELCO] from
operating and maintaining the local
telephone system in Malolos and from
soliciting customers.
The Republic of the Philippines, on
behalf of the Bureau of
Telecommunications, begged leave of court
to intervene in the proceedings on the
ground that the suit affected state property
and accordingly the state has a legal
interest involved. There being no essential
dispute between the parties over the fact
that the suit indeed involved property of
the state, the Answer in Intervention was
admitted and the case proceeded to trial.
Republic Telephone Company, Inc.,
or RETELCO, is a domestic corporation
engaged in the business of installing,
operating and maintaining nationwide local
telephone services. On December 1959, it
had acquired a municipal franchise from the
Municipal Council of Malolos, Bulacan per
Resolution No. 190, Series of 1959 to install,
maintain and operate a local telephone
system within the municipality of Malolos
for a period of thirty-five years x x x. The
municipal franchise was approved by the
Provincial Board of Bulacan thus certificate
of public convenience and necessity was
secured from the Public Service Commission
which the President of the Philippines
approved x x x. RETELCO accepted the
commission certificate and filed the
required deposit with the Treasurer of
the Philippines x x x. RETELCO obtained a
legislative franchise under Republic Act No.
3662 of the then Congress of the Philippines
for the construction, operation and
maintenance of a nationwide telephone
service with exchanges in various areas
including the municipality of Malolos. It
was approved by the President of the
Philippines for a period of fifty years x x x
and the correspondent certificate of public
convenience and necessity was granted
under Public Service Commission case No.
67-4023 x x x.
Way back in February, 1969
RETELCO learned through public
announcements of government projects to
be launched that the Bureau of
Telecommunications would establish and
operate telephone system in Malolos to
serve government offices and the private
[sector] as well thus exposing x x x
appellee’s [RETELCO’s] telephone business
operation to the risk of undue
competition. Immediately, they filed
protests, and sought for administrative
remedies and reliefs from the
Telecommunications Board, the President
of the Philippines, the Secretary of the
Department of Public Works and
Communication, the then Speaker Jose B.
Laurel, Jr. of the House of Representatives,
and the Philippine National Bank which was
financing the project x x x but all were to no
avail. In May, 1969, the Bureau of
Telecommunications commenced its
operation of the telephone exchange in
Malolos and, incidentally, number of the
telephone subscribers of RETELCO dropped.
The Bureau of Telecommunications
was not subject to the jurisdiction of the
Public Service Commission on matters of
fixing the rates of fees to be charged to
telephone subscribers, thus RETELCO
attributed the sharp decline in the number
of telephone subscribers to the difference
in rates individually charged by them x x x.
The lower court, finding after trial
that BUTELCO and intervenors-appellants
were duplicating the functions of RETELCO
in contravention of Executive Order No. 94,
Series of 1947, rendered a judgment
making the preliminary injunction
PERMANENT.
Respondent appellate court
sustained the court a quo’s finding that
Section 79 of Executive Order No. 94, Series
of 1947 prohibited any other entity, besides
the present operator, from maintaining and
selling telephone services in Malolos,
Bulacan, unless there was first executed a
mutually acceptable arrangement or
agreement between such other entity and
the present operator as regards the
utilization of the latter’s existing
facilities. Respondent court found
respondent RETELCO to be the present
operator of telephone services in Malolos,
Bulacan, and BUTELCO having failed to first
make arrangements with the former before
establishing its own telephone system,
respondent appellate court upheld the
propriety of the permanent injunction
issued by the court a quo.
In rendering judgment in favor of
respondent RETELCO, the appellate court
rejected BUTELCO’s main argument that
Section 79 of Executive Order No. 94, Series
of 1947, has been repealed by Presidential
Decree No. 1 promulgated by then
President Marcos in the exercise of his
martial law powers, by virtue of which
decree the Integrated Reorganization Plan
was made part of the law of the
land. Under such plan, in turn, BUTELCO’s
functions had been expanded to include the
operation of telephone systems for
government offices for purposes of
augmenting inadequate private
communications services. However, this
was rebuffed by the appellate court.
Issue/s:
1. Whether or not RETELCO have the
exclusive right to operate and
maintain a telephone system in
Malolos, Bulacan.
Ruling:
There is no clear showing by
RETELCO, however, that its franchises are of
an exclusive character. At any rate, it may
very well be pointed out as well that neither
did the franchise of PLDT at the time of the
controversy confer exclusive rights upon
PLDT in the operation of a telephone
system.
In fact, we have made it a matter of
judicial notice that all legislative franchises
for the operation of a telephone system
contain the following provision:
“It is expressly provided
that in the event the
Philippine Government
should desire to maintain
and operate for itself the
system and enterprise
herein authorized, the
grantee shall surrender his
franchise and will turn over
to the Government said
system and all serviceable
equipment therein, at cost,
less reasonable
depreciation”.
BUTELCO’s initiative to operate and
maintain a telephone system in Malolos,
Bulacan, was undertaken pursuant to
Section 79 (b) of Executive Order No. 94,
Series of 1947.
While we affirmed that “[t]he Bureau
of Telecommunications, under section 79
(b) of Executive Order No. 94, may operate
and maintain wire telephone or radio
telephone communications throughout the
Philippines by utilizing existing facilities in
cities, towns, and provinces under such
terms and conditions or arrangement with
present owners or operators as may be
agreed upon to the satisfaction of all
concerned,” we also at the same time
clarified that “nothing in these provisions
limits the Bureau to non-commercial
activities or prevents it from serving the
general public.”
“x x x It may be that in its
original prospectuses the
Bureau officials had stated
that the service would be
limited to government
offices; but such limitations
could not block future
expansion of the system, as
authorized by the terms of
the Executive Order, nor
could the officials of the
Bureau bind the
Government not to engage
in services that are
authorized by law.”
In other words, BUTELCO cannot be
said to be prohibited under the aforecited
legal provision from operating and
maintaining its own telephone system in
Malolos, Bulacan.
Now in the subsequent case of Director
of the Bureau of Telecommunications v.
Aligaen, we emphasized the relevance of
the latter portion of Section 79 (b) of
Executive Order No. 94 as providing a
caveat to any initiative on the part of the
government to operate and maintain a
telephone system in an area where there is
an existing franchise holder. In the said
case of Aligaen, we foregrounded the need
for BUTELCO to first enter into negotiation
or arrangement with the operator or owner
of the existing telephone system. We had
stated, thus:
“x x x The Bureau of
Telecommunications may
take steps to improve the
telephone service in any
locality in the Philippines,
but in so doing it must first
enter into negotiation or
arrangement with the
operator or owner of the
existing telephone system.
x x x When a private person
or entity is granted a
legislative franchise to
operate a telephone
system, or any public utility
for that matter the
government has the
correlative obligation to
afford the grantee of the
franchise all the chances or
opportunity to operate
profitably, as long as public
convenience is properly
served rather than promote
a competition with the
grantee. x x x”
This is not to say, however, that the lack of
prior negotiation with the existing
telephone system operator renders illegal
the operation by BUTELCO of a telephone
system. After all, the very provision in
question phrases the prior negotiation
requirement in less than mandatory
terms. Section 79 (b) of Executive Order
No. 94, Series of 1947 provides:
“(b) To x x x negotiate for,
operate and maintain wire-
telephone or radio
telecommunications service
throughout the Philippines
by utilizing such existing
facilities in cities, towns,
and provinces as may
be found feasible and
under such terms and
conditions or arrangements
with the present owners or
operators thereof as may
be agreed upon to the
satisfaction of all
concerned” [emphasis
supplied].
The right of the prior operator under
the aforecited provision is to be unfailingly
and seriously considered in case it chooses
to propose arrangements or such terms and
conditions whereby BUTELCO is to
coordinate its efforts to set up and operate
a telephone system with the existing
operator. BUTELCO, in that case, would be
obligated to exercise good faith and exert
optimal cooperative efforts so that it may
save government some money and prevent
competition by “utilizing existing facilities in
cities, towns and provinces x x x [of] the
present owners or operators,” as mandated
by Section 79 (b) of Executive Order No. 94.
In the case at bench, BUTELCO
admittedly did not fulfill this
obligation. Such failure, however, is not
violative of any mandatory provision of
law. There was no violation of Section 79
(b) of Executive Order No. 94 but only an
irregularity in the procedure by which
BUTELCO undertook the operation of a
telephone system in Malolos, Bulacan.
It cannot be denied that, even if
prior negotiations were undertaken by
BUTELCO with RETELCO, and they both
could not agree on mutually acceptable
terms and conditions, nothing in Section 79
(b) of Executive Order No. 94 prohibits
BUTELCO from proceeding with the setting
up and operation of a telephone system in
Malolos, Bulacan, despite the presence of a
prior operator in the person of
RETELCO. Thus, any injunction prohibiting
BUTELCO from operating its telephone
system finds no sufficiently legal and just
basis under Section 79 (b) of Executive
Order No. 94.
To read from Section 79 (b) of
Executive Order No. 94 an ultra-
protectionist policy in favor of telephone
franchise holders, smacks of a promotion of
the monopolization of the country’s
telephone industry which, undeniably, has
contributed to the slackened pace of
national development.
As we have pointed out in the case
of PLDT v. National Telecommunications
Commission[16]:
“Free competition in the
industry may also provide
the answer to a much-
desired improvement in the
quality and delivery of this
type of public utility, to
improved technology, fast
and handly mobil service,
and reduced user
dissatisfaction. After all,
neither PLDT nor any other
public utility has a
constitutional right to a
monopoly position in view
of the Constitutional
proscription that no
franchise certificate or
authorization shall be
exclusive in character or
shall last longer than fifty
(50) years (ibid., Section 11;
Article XIV, Section 5, 1973
Constitution; Article XIV,
Section 8, 1935
Constitution).”
• REPUBLIC OF THE PHILIPPINES v.
CASTELLVI
Facts:
The Republic of the Philippines,
(hereinafter referred to as the Republic)
filed, on June 26, 1959, a complaint for
eminent domain against defendant-
appellee, Carmen M. Vda. de Castellvi,
judicial administratrix of the estate of the
late Alfonso de Castellvi (hereinafter
referred to as Castellvi), over a parcel of
land situated in the barrio of San Jose,
Floridablanca, Pampanga and against
defendant-appellee Maria Nieves Toledo
Gozun (hereinafter referred to as Toledo-
Gozun) over two parcels of land.
In its complaint, the Republic
alleged, among other things, that the fair
market value of the above-mentioned
lands, according to the Committee on
Appraisal for the Province of Pampanga,
was not more than P2,000 per hectare, or a
total market value of P259,669.10; and
prayed, that the provisional value of the
lands be fixed at P259.669.10 which the
court granted.
In her "motion to dismiss" filed on
July 14, 1959, Castellvi alleged, among
other things, that the land under her
administration (occupied by the Philippine
Air Force since 1947 under a contract of
lease), being a residential land, had a fair
market value of P15.00 per square meter,
so it had a total market value of
P11,389,485.00; that the Republic, through
the Armed Forces of the Philippines,
particularly the Philippine Air Force, had
been, despite repeated demands, illegally
occupying her property since July 1, 1956,
thereby preventing her from using and
disposing of it, thus causing her damages by
way of unrealized profits.
The Commissioners submitted their
report and recommendation, wherein, after
having determined that the lands sought to
be expropriated were residential lands, they
recommended unanimously that the lowest
price that should be paid was P10.00 per
square meter, for both the lands of Castellvi
and Toledo-Gozun; that an additional
P5,000.00 be paid to Toledo-Gozun for
improvements found on her land; that legal
interest on the compensation, computed
from August 10, 1959, be paid after
deducting the amounts already paid to the
owners, and that no consequential damages
be awarded.
The Commissioners' report was
objected to by all the parties in the case —
by defendants Castellvi and Toledo-Gozun,
who insisted that the fair market value of
their lands should be fixed at P15.00 per
square meter; and by the Republic, which
insisted that the price to be paid for the
lands should be fixed at P0.20 per square
meter.
The trial court finds:
“That the unanimous
recommendation of the
commissioners of ten
(P10.00) pesos per square
meter for the three lots of
the defendants subject of
this action is fair and just.
The plaintiff will pay 6%
interest per annum on the
total value of the lands of
defendant Toledo-Gozun
since (sic) the amount
deposited as provisional
value from August 10, 1959
until full payment is made
to said defendant or deposit
therefor is made in court.
In respect to the defendant
Castellvi, interest at 6% per
annum will also be paid by
the plaintiff to defendant
Castellvi from July 1, 1956
when plaintiff commenced
its illegal possession of the
Castellvi land when the
instant action had not yet
been commenced to July 10,
1959 when the provisional
value thereof was actually
deposited in court, on the
total value of the said
(Castellvi) land as herein
adjudged.xxx”
Issue/s:
1. Whether the price of P10
per square meter of the
subject lands is a just
compensation.
2. Whether the “taking” of
the properties commenced
with the filing of this
action.
3. Whether the plaintiff-
appellant shall pay 6%
interest on the adjudged
value of the Castellvi
property starting from July
1956.
Ruling:
1. A number of circumstances must
be present in the "taking" of property for
purposes of eminent domain.
First, the expropriator must enter a
private property.
This circumstance is present in the
instant case, when by virtue of the
lease agreement the Republic,
through the AFP, took possession of
the property of Castellvi.
Second, the entrance into private
property must be for more than a
momentary period.
"Momentary" means, "lasting but a
moment; of but a moment's
duration"
The aforecited lease contract was for
a period of one year, renewable
from year to year. The entry on the
property, under the lease, is
temporary, and considered
transitory. The fact that the
Republic, through the AFP,
constructed some installations of a
permanent nature does not alter the
fact that the entry into the land was
transitory, or intended to last a year,
although renewable from year to
year by consent of 'The owner of the
land. By express provision of the
lease agreement the Republic, as
lessee, undertook to return the
premises in substantially the same
condition as at the time the property
was first occupied by the AFP. It is
claimed that the intention of the
lessee was to occupy the land
permanently, as may be inferred
from the construction of permanent
improvements. But this "intention"
cannot prevail over the clear and
express terms of the lease contract.
Intent is to be deduced from the
language employed by the parties,
and the terms 'of the contract, when
unambiguous, as in the instant case,
are conclusive in the absence of
averment and proof of mistake or
fraud — the question being not what
the intention was, but what is
expressed in the language used. (City
of Manila v. Rizal Park Co., Inc., 53
Phil. 515, 525)
Moreover, in order to judge the
intention of the contracting parties,
their contemporaneous and
subsequent acts shall be principally
considered (Art. 1371, Civil Code). If
the intention of the lessee (Republic)
in 1947 was really to occupy
permanently Castellvi's property,
why was the contract of lease
entered into on year to year basis?
Why was the lease agreement
renewed from year to year? Why did
not the Republic expropriate this
land of Castellvi in 1949 when,
according to the Republic itself, it
expropriated the other parcels of
land that it occupied at the same
time as the Castellvi land, for the
purpose of converting them into a
jet air base? 14 It might really have
been the intention of the Republic to
expropriate the lands in question at
some future time, but certainly mere
notice - much less an implied notice
— of such intention on the part of
the Republic to expropriate the lands
in the future did not, and could not,
bind the landowner, nor bind the
land itself. The expropriation must
be actually commenced in court
(Republic vs. Baylosis, et al., 96 Phil.
461, 484).
Third, the entry into the property
should be under warrant or color of
legal authority.
This circumstance in the "taking"
may be considered as present in the
instant case, because the Republic
entered the Castellvi property as
lessee.
Fourth, the property must be
devoted to a public use or otherwise
informally appropriated or
injuriously affected.
It may be conceded that the
circumstance of the property being
devoted to public use is present
because the property was used by
the air force of the AFP.
Fifth, the utilization of the property
for public use must be in such a way
as to oust the owner and deprive
him of all beneficial enjoyment of
the property.
In the instant case, the entry of the
Republic into the property and its
utilization of the same for public use
did not oust Castellvi and deprive
her of all beneficial enjoyment of the
property. Castellvi remained as
owner, and was continuously
recognized as owner by the
Republic, as shown by the renewal of
the lease contract from year to year,
and by the provision in the lease
contract whereby the Republic
undertook to return the property to
Castellvi when the lease was
terminated. Neither was Castellvi
deprived of all the beneficial
enjoyment of the property, because
the Republic was bound to pay, and
had been paying, Castellvi the
agreed monthly rentals until the
time when it filed the complaint for
eminent domain on June 26, 1959.
It is clear, therefore, that the
"taking" of Catellvi's property for purposes
of eminent domain cannot be considered to
have taken place in 1947 when the Republic
commenced to occupy the property as
lessee thereof. We find merit in the
contention of Castellvi that two essential
elements in the "taking" of property under
the power of eminent domain, namely: (1)
that the entrance and occupation by the
condemnor must be for a permanent, or
indefinite period, and (2) that in devoting
the property to public use the owner was
ousted from the property and deprived of
its beneficial use, were not present when
the Republic entered and occupied the
Castellvi property in 1947.
Untenable also is the Republic's
contention that although the contract
between the parties was one of lease on a
year to year basis, it was "in reality a more
or less permanent right to occupy the
premises under the guise of lease with the
'right and privilege' to buy the property
should the lessor wish to terminate the
lease," and "the right to buy the property is
merged as an integral part of the lease
relationship ... so much so that the fair
market value has been agreed upon, not, as
of the time of purchase, but as of the time
of occupancy."
“We cannot accept the
Republic's contention that a
lease on a year to year basis
can give rise to a
permanent right to occupy,
since by express legal
provision a lease made for a
determinate time, as was
the lease of Castellvi's land
in the instant case, ceases
upon the day fixed, without
need of a demand (Article
1669, Civil Code). Neither
can it be said that the right
of eminent domain may be
exercised by simply leasing
the premises to be
expropriated (Rule 67,
Section 1, Rules of Court).
Nor can it be accepted that
the Republic would enter
into a contract of lease
where its real intention was
to buy, or why the Republic
should enter into a
simulated contract of lease
("under the guise of lease",
as expressed by counsel for
the Republic) when all the
time the Republic had the
right of eminent domain,
and could expropriate
Castellvi's land if it wanted
to without resorting to any
guise whatsoever. Neither
can we see how a right to
buy could be merged in a
contract of lease in the
absence of any agreement
between the parties to that
effect. To sustain the
contention of the Republic
is to sanction a practice
whereby in order to secure
a low price for a land which
the government intends to
expropriate (or would
eventually expropriate) it
would first negotiate with
the owner of the land to
lease the land (for say ten
or twenty years) then
expropriate the same when
the lease is about to
terminate, then claim that
the "taking" of the property
for the purposes of the
expropriation be reckoned
as of the date when the
Government started to
occupy the property under
the lease, and then assert
that the value of the
property being expropriated
be reckoned as of the start
of the lease, in spite of the
fact that the value of the
property, for many good
reasons, had in the
meantime increased during
the period of the lease. This
would be sanctioning what
obviously is a deceptive
scheme, which would have
the effect of depriving the
owner of the property of its
true and fair market value
at the time when the
expropriation proceedings
were actually instituted in
court. The Republic's claim
that it had the "right and
privilege" to buy the
property at the value that it
had at the time when it first
occupied the property as
lessee nowhere appears in
the lease contract. What
was agreed expressly in
paragraph No. 5 of the
lease agreement was that,
should the lessor require
the lessee to return the
premises in the same
condition as at the time the
same was first occupied by
the AFP, the lessee would
have the "right and
privilege" (or option) of
paying the lessor what it
would fairly cost to put the
premises in the same
condition as it was at the
commencement of the
lease, in lieu of the lessee's
performance of the
undertaking to put the land
in said condition. The "fair
value" at the time of
occupancy, mentioned in
the lease agreement, does
not refer to the value of the
property if bought by the
lessee, but refers to the cost
of restoring the property in
the same condition as of the
time when the lessee took
possession of the property.
Such fair value cannot refer
to the purchase price, for
purchase was never
intended by the parties to
the lease contract. It is a
rule in the interpretation of
contracts that "However
general the terms of a
contract may be, they shall
not be understood to
comprehend things that are
distinct and cases that are
different from those upon
which the parties intended
to agree" (Art. 1372, Civil
Code).”
We hold, therefore, that the
"taking" of the Castellvi property should not
be reckoned as of the year 1947 when the
Republic first occupied the same pursuant
to the contract of lease, and that the just
compensation to be paid for the Castellvi
property should not be determined on the
basis of the value of the property as of that
year. The lower court did not commit an
error when it held that the "taking" of the
property under expropriation commenced
with the filing of the complaint in this case.
Under Section 4 of Rule 67 of the
Rules of Court, 16 the "just compensation" is
to be determined as of the date of the filing
of the complaint. This Court has ruled that
when the taking of the property sought to
be expropriated coincides with the
commencement of the expropriation
proceedings, or takes place subsequent to
the filing of the complaint for eminent
domain, the just compensation should be
determined as of the date of the filing of
the complaint. (Republic vs. Philippine
National Bank, L-14158, April 12, 1961, 1
SCRA 957, 961-962). In the instant case, it is
undisputed that the Republic was placed in
possession of the Castellvi property, by
authority of the court, on August 10, 1959.
The "taking" of the Castellvi property for
the purposes of determining the just
compensation to be paid must, therefore,
be reckoned as of June 26, 1959 when the
complaint for eminent domain was filed.
2. In determining the value of land
appropriated for public
purposes, the same consideration
are to be regarded as in a sale of
property between private parties.
The inquiry, in such cases, must be
what is the property worth in the
market, viewed not merely with
reference to the uses to which it is
at the time applied, but with
reference to the uses to which it is
plainly adapted, that is to say, What
is it worth from its availability for
valuable uses?
In expropriation proceedings,
therefore, the owner of the land has the
right to its value for the use for which it
would bring the most in the market. The
owner may thus show every advantage that
his property possesses, present and
prospective, in order that the price it could
be sold for in the market may be
satisfactorily determined. The owner may
also show that the property is suitable for
division into village or town lots.
We agree with the findings, and the
conclusions, of the lower court that the
lands that are the subject of expropriation
in the present case, as of August 10, 1959
when the same were taken possession of by
the Republic, were residential lands and
were adaptable for use as residential
subdivisions. Indeed, the owners of these
lands have the right to their value for the
use for which they would bring the most in
the market at the time the same were taken
from them. The most important issue to be
resolved in the present case relates to the
question of what is the just compensation
that should be paid to the appellees.
The Court arrived at the conclusion
that the price of P10.00 per square meter,
as recommended by the commissioners and
adopted by the lower court, is quite high. It
is Our considered view that the price of
P5.00 per square meter would be a fair
valuation of the lands in question and
would constitute a just compensation to the
owners thereof. In arriving at this
conclusion We have particularly taken into
consideration the resolution of the
Provincial Committee on Appraisal of the
province of Pampanga informing, among
others, that in the year 1959 the land of
Castellvi could be sold for from P3.00 to
P4.00 per square meter, while the land of
Toledo-Gozun could be sold for from P2.50
to P3.00 per square meter. The Court has
weighed all the circumstances relating to
this expropriations proceedings, and in
fixing the price of the lands that are being
expropriated the Court arrived at a happy
medium between the price as
recommended by the commissioners and
approved by the court, and the price
advocated by the Republic. This Court has
also taken judicial notice of the fact that the
value of the Philippine peso has
considerably gone down since the year
1959. 30Considering that the lands of
Castellvi and Toledo-Gozun are adjoining
each other, and are of the same nature, the
Court has deemed it proper to fix the same
price for all these lands.
3. If Castellvi had agreed to receive
the rentals from June 30, 1956 to
August 10, 1959, she should be
considered as having allowed her
land to be leased to the Republic
until August 10, 1959, and she
could not at the same time be
entitled to the payment of interest
during the same period on the
amount awarded her as the just
compensation of her land. The
Republic, therefore, should pay
Castellvi interest at the rate of 6%
per annum on the value of her land,
minus the provisional value that
was deposited, only from July 10,
1959 when it deposited in court the
provisional value of the land.
WHEREFORE, the decision appealed from is
modified, as follows:
(a) the lands of appellees Carmen Vda. de
Castellvi and Maria Nieves Toledo-Gozun, as
described in the complaint, are declared
expropriated for public use;
(b) the fair market value of the lands of the
appellees is fixed at P5.00 per square
meter;
(c) the Republic must pay appellee Castellvi
the sum of P3,796,495.00 as just
compensation for her one parcel of land
that has an area of 759,299 square meters,
minus the sum of P151,859.80 that she
withdrew out of the amount that was
deposited in court as the provisional value
of the land, with interest at the rate of 6%
per annum from July 10, 1959 until the day
full payment is made or deposited in court;
(d) the Republic must pay appellee Toledo-
Gozun the sum of P2,695,225.00 as the just
compensation for her two parcels of land
that have a total area of 539,045 square
meters, minus the sum of P107,809.00 that
she withdrew out of the amount that was
deposited in court as the provisional value
of her lands, with interest at the rate of 6%,
per annum from July 10, 1959 until the day
full payment is made or deposited in court;
(e) the attorney's lien of Atty. Alberto
Cacnio is enforced; and
(f) the costs should be paid by appellant
Republic of the Philippines, as provided in
Section 12, Rule 67, and in Section 13, Rule
141, of the Rules of Court.
1. • REPUBLIC OF THE PHILIPPINES v.
COURT OF APPEALS
Facts:
Both Republic and respondents
Alfredo V. de Ocampo and Oscar Anglo
claim ownership over the same lots i.e.,
Nos. 817 and 2509 of the Sagay-Escalante
Cadastre, Negros Occidental, subject matter
of this litigation. The basis of the Republic’s
claim is that the said lots were bequeathed
to the Bureau of Education (now Bureau of
Public Schools) by the late Esteban
Jalandoni through his will.
Respondent de Ocampo, on the
other hand, predicates his claim on an
application for registration of the same lots.
He averred that the lots were unregistered
lands belonging to and possessed by him,
by virtue of a donation from Luis Mosquera.
Respondent Anglo intervened in the
case having allegedly bought the same lots
from de Ocampo
De Ocampo averred in his answer
that the properties alleged to have been
donated by Esteban Jalandoni to the the
then Bureau of Education were different
from the properties involved in this case.
The lots applied for by de Ocampo and
which the Republic sought to recover were
unregistered lands, and that granting,
without admitting, that they are the same
lands, the court no longer had jurisdiction
over the subject matter of the action since
the issue of possession over said lots was
already decided by the Court of First
Instance of Negros Occidental. The subject
two lots were registered in the name of the
then applicant Ocampo.
The Republic contend that actual
fraud had been perpetrated by Respondent
de Ocampo in securing the lower court’s
decision ordering the registration of the lots
in his name, as well as the issuance of the
decree of registration and the
corresponding certificate of title, on the
grounds which, briefly restated. advert to
respondent de Ocampo's alleged
misrepresentations that the two parcels of
land applied for by him in the land
registration case were "different from the
two parcels of land of the same lot
numbers, technical descriptions and areas
belonging to the Government, knowing
such allegations to be false, the truth of the
matter being that said parcels of land are
the same property owned by the
Government"; that there was previous
registration of the same parcels of land,
Lots Nos. 817 and 2509, under the Torrens
System in favor of Meerkamp and Company
which later sold the same to Jalandoni who,
in turn, gave the lots to the Bureau of
Education as a legacy and that the Court of
First Instance no longer had jurisdiction to
decree again the registration of Lots Nos.
817 and 2509, in favor of respondent de
Ocampo, in view of the earlier registration
of the same lands in favor of Meerkamp and
Company.
The trial court concluded that the
evidence adduced by the petitioner in this
incident does not establish actual and
constructive fraud which is the only kind of
fraud that is considered a legal ground to
review, reopen or set aside the decree
which has already been issued in the name
of Alfredo V. de Ocampo.
The Republic appealed but was
dismissed.
Issue/s:
1. Whether the dismissal by the Court
of Appeals of Republic's appeal
from the decision of the trial court
denying its Amended Petition, is
not proper and should be set aside
as contended by Republic, or
correct and should be maintained,
as argued by respondents.
Ruling:
A consideration in depth of the
unique and peculiar facts attendant to this
case and the procedural and substantive
implications of the dismissal of the appeal
now sought to be reviewed and
reconsidered; and a due and proper regard
to the merits of the case rather than a
fascile reliance on procedural rules, compel
this Court to reverse and set aside the
dismissal of Republic's appeal by
respondent Court of Appeals.
1. The documentary exhibits
adduced by Republic in the hearing of the
Amended Petition below signed by the
Register of Deeds of Negros Occidental,
stating that there was registered a sale
executed by Meerkamp and Company in
favor of Esteban Jalandoni and as a result
the name of the Company was cancelled
and the title was issued to Jalandoni; that
the title was later cancelled by virtue of the
will of Jalandoni leaving the parcel of land
to the then Bureau of Education.
The trial court also made the
express finding that the alleged deed of
donation by Luis Mosquera in favor of
respondent de Ocampo does not appear in
his notarial book which is on file in the
Bureau of Record Management, Manila.
The Provincial Assessor of Negros
Occidental likewise issued a certification
stating that Lots Nos. 817 and 2509 were
never declared in the name of Mosquera.
His later certification states that the said
lots were assessed in the name of the
Bureau of Education, and that the technical
descriptions in the Bureau of Lands records
show that the same lots were in the name
of Meerkamp and Company.
Authorities are in agreement that a
land registration court is without
jurisdiction to decree again the registration
of land already registered in an earlier
registration case, and that the second
decree entered for the same land is null and
void.
2. There is a serious charge, which
is also crucial to the issue between the
parties, that respondent de Ocampo used
fraudulent misrepresentations and
machinations in securing his title. If the
charge is true, there is the element of wilfull
intent to deprive Republic of just rights
which constitutes the essential
characteristics of actual — as distinguished
from legal — fraud.
3. The foregoing overriding
considerations then — the alleged lack of
jurisdiction and the alleged fraudulent
misrepresentations and machinations,
which, buttressed by strong evidence, can
nullify the second registration and/or set
aside OCT No. 576 issued to respondent de
Ocampo — taken in relation with the
procedural and substantive implications
which could and would arise if the appeal
were dismissed, namely, the risk that the
holdings may be transacted to third parties
and the fact that Republic's action to
recover tile holdings would give rise to
multiplicity of suits — compel Us to
conclude that the only recourse — in the
interest of just and expeditious proceedings
considering that these have been pending
for close to twenty (20) years now — is to
suspend Our rules and/or to except this
case from their operation. For when the
operation of the Rules of will lead to an
injustice we have, in justifiable instances,
resorted to this extraordinary remedy to
prevent it.
While the above exceptions are
predicated on different grounds, they
nevertheless support the view that the rigid
adherence to the rules on perfection of
appeals may and should be relaxed where
compelling reasons so warrant. The grounds
invoked in this case — not only lack of
jurisdiction but gross injustice itself — more
than justify the exception — considering
further that the delay in the perfection of
the appeal involved six (6) days only.
4. Finally, enshrined in our legal and
judicial annals is the maxim that no person
should enrich himself at the expense or
prejudice of others. The commendable and
determined efforts on the part of the
citizenry to fashion a New Society rid of
graft, corruption and the persistent malaise
of land grabbing, will be set back, if the
subject lots — consisting of close to 300
hectares which are devoted to educational
purposes — have indeed been wrongfully
titled to respondent de Ocampo.
The Court set aside the dismissal of
the Republic’s appeal and according to the
parties the opportunity in this proceeding,
and without further need to re-litigate, to
terminate this litigation, which has been
pending for close to twenty years – in
fairness to both parties.