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SECOND DIVISION

G.R. No. L-57529 August 3l, 1983

SIMON NOBLEZA, Petitioner, vs. JUDGE NELLY L. ROMERO VALDELLON Court of First Instance of Rizal, Pasig Branch XXII, and NATIONAL POWER CORPORATION, Respondents.

Pedro N. Nelmi for petitioner.chanrobles virtual law library

The Solicitor General for respondent.chanrobles virtual law library

Camie P. Doromal for respondent NAPCOR.

R E S O L U T I O N

AQUINO, J.:

This case is about the alleged right of a landowner, whose land had ceased to be devoted to public use, to purchase it at a negotiated sale.chanroblesvirtualawlibrarychanrobles virtual law library

Simon Nobleza in 1941 sold to the National Power Corporation for Pl,470 his land, with an area of 1,129 square meters located at Alabang, Muntinlupa, Rizal to be used for he construction of its transmission lines.chanroblesvirtualawlibrarychanrobles virtual law library

On December 6,1979 (when the land was allegedly no longer being used for a public purpose), Nobleza filed a complaint in he Court of First Instance of Rizal to compel the NPC to resell he land to him in a negotiated sale, instead of through public bidding, as contemplated in its board resolution No. 142, series of 1979.chanroblesvirtualawlibrarychanrobles virtual law library

The NPC filed a motion to dismiss the case for lack of cause f action. The lower court dismissed it because there was no showing that the NPC had violated any right of Nobleza. He appealed to this Court. He contends that his action is based on equitable principles.chanroblesvirtualawlibrarychanrobles virtual law library

The Commission on Audit in a letter dated June 4, 1980 invited the attention of the NPC to section 79 of the Government Auditing Code, Presidential Decree No. 1445, which provides that unserviceable government property should be disposed of by public bidding and may be sold at a private sale only when public bidding fails (p. 73, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

On the other hand, the NPC President apprised the National Power Board in his letter of November 17, 1980 that Nobleza's land was being utilized as right-of-way of the then existing 115 KV Caliraya-Sucat line which was scheduled to be replaced with a double circuit 230 KV Biñan-Sucat line (p. 76, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

Consequently, the NPC in Resolution No. 199, series of 1980, revoked its Resolution No. 79 dated May 12, 1980, authorizing the resale of the land to Nobleza (p. 77, Rollo).chanroblesvirtualawlibrarychanrobles virtual law library

Nobleza's counsel was asked to comment on the opinion of the auditor and on the said revocation in this Court's resolution of October 25, 1982. Up to this time, he has not submitted his comment.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, the lower court's order of dismissal is affirmed. No costs.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Makasiar (Chairman), Concepcion Jr., Guerrero and Escolin, JJ., concur.chanroblesvirtualawlibrary chanrobles virtual law library

Abad Santos J., took no part.chanroblesvirtualawlibrary chanrobles virtual law library

De Castro J., is on leave.