January 1987 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1987 > January 1987 Decisions > G.R. No. 73211 January 7, 1987 - NATIONAL POWER CORPORATION v. INTERMEDIATE APPELLATE COURT, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 73211. January 7, 1987.]

NATIONAL POWER CORPORATION, Petitioner, v. THE INTERMEDIATE APPELLATE COURT, ALI DIMAL married to MACABANDO DIMAL, Respondents.

Talib B. Umpar for Respondents.


SYLLABUS


1. CONSTITUTIONAL LAW; EMINENT DOMAIN; JUST COMPENSATION; THREE PESOS (P3.00) PER SQUARE METER IS UNJUST CONSIDERING THE TRUE MARKET VALUE OF THE LAND. — We rule that to pay only three (P3.00) pesos per square meter is unjust and inequitable, considering the true market value of the land. Be it noted that even the City Assessor himself as member of the Board of Commission who were tasked with the duty of fixing the "just compensation" agreed on this Twelve (P12.00) pesos rate. This in effect amended his previous assessment of Three (P3.00) pesos per square meter.


D E C I S I O N


PARAS, J.:


Because one 1 of its projects caused the inundation of some 18,552 square meters of land (part of registered 46,431 square meter parcel located at Guimba, Marawi City, Lanao del Sur, owned by private respondent (with a Torrens Title granted by virtue of a PATENT from the Government) rendering said inundated portion virtually useless for the purposes of said respondents, the herein petitioner, the National Power Corporation (NPC, for short) was asked for damages by the owners of the land. To simplify matters, the NPC decided to file expropriation proceedings before the Regional Trial Court, which after hearing the report of the Commissioners appointed to ascertain the "just compensation" of the land fixed the same at the rate recommended by the Commissioners namely twelve (P12.00) pesos a square meter. On appeal to the Intermediate Appellate Court (IAC) the tribunal affirmed the judgment of the trial court, hence this Petition for Review before Us, assailing the decision of the IAC (now the Court of Appeals) on the ground that the twelve (P12.00) pesos rate was excessive and that the rate of three (P3.00) pesos per square meter, fixed by the City Assessor of Marawi City as the fair market value of the property should be the "just compensation" contemplated by the law, more specifically P.D. 76 as amended. We gave due course to the Petition. The respective memoranda of the parties having been filed, We now proceed to decide the case, and Our decision is in favor of the herein private respondents.

We rule that to pay only three (P3.00) pesos per square meter is unjust and inequitable, considering the true market value of the land. Be it noted that even the City Assessor himself as member of the Board of Commission who were tasked with the duty of fixing the "just compensation" agreed on this Twelve (P12.00) pesos rate. This in effect amended his previous assessment of Three (P3.00) pesos per square meter.

WHEREFORE, the assailed decision is hereby AFFIRMED. No costs.

SO ORDERED.

Feria, Fernan, Alampay and Gutierrez, Jr., JJ., concur.

Endnotes:


1. Agus Hydroelectric Plant.




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