Title
Air Transportation Office vs. Gopuco, Jr.
Case
G.R. No. 158563
Decision Date
Jun 30, 2005
Gopuco sought recovery of Lot No. 72 after Lahug Airport's closure, claiming abandonment of public use. SC ruled expropriation granted absolute government title; no reversion upon abandonment. Litigation costs deleted due to good faith.
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Case Digest (G.R. No. 158563)

Facts:

    Background and Expropriation Proceedings

    • Respondent Apolonio Gopuco, Jr. owned Cadastral Lot No. 72, covering 995 square meters near Lahug Airport in Cebu City, evidenced by Transfer Certificate of Title No. 13061-T.
    • The Lahug Airport, originally under the control of the United States Army, was turned over to the Philippine Government in 1947 through the Surplus Property Commission, later succeeded by various agencies (Bureau of Aeronautics, National Airport Corporation, and Civil Aeronautics Administration).
    • In 1949, the National Airport Corporation informed landowners—including Gopuco—that the government was acquiring lands surrounding the airport for its expansion; while some landowners agreed on the promise of repurchase when the facility was no longer needed, Gopuco declined to sell.

    Initiation of Expropriation and Judicial Proceedings

    • On April 16, 1952, the Civil Aeronautics Administration filed a complaint with the Court of First Instance (CFI) of Cebu (Civil Case No. R-1881) seeking expropriation of Lot No. 72 and adjoining properties for airport expansion.
    • On December 29, 1961, the CFI rendered a decision:
- a. Declaring the expropriation of the subject lots, including Lot No. 72, as justified in the exercise of eminent domain. - b. Ordering the payment of a balance of P1,990 in favor of Gopuco with legal interest from November 16, 1947 until fully paid. - c. Directing that upon payment, the landowners should deliver their Transfer Certificates of Title, which were then to be cancelled and reissued in the name of the government.

    Changes in the Airport’s Status and Subsequent Developments

    • With the establishment and commencement of operations of the Mactan International Airport, the Lahug Airport was ordered closed by President Corazon C. Aquino through a memorandum dated November 29, 1989; consequently, Lot No. 72 was virtually abandoned.
    • On March 16, 1990, Gopuco addressed a letter to the Bureau of Air Transportation (via the Lahug Airport’s manager), seeking the return of his lot and offering to return the compensation already received; the letter went unanswered.
    • In 1990, Congress passed Republic Act No. 6958, which created the Mactan-Cebu International Airport Authority (MCIAA) and provided for the transfer of Lahug Airport’s assets. On May 8, 1992, title to Lot No. 72 was transferred to the MCIAA under TCT No. 120356.

    Filing of the Recovery Action and Subsequent Court Decisions

    • On August 6, 1992, Gopuco filed an amended complaint before the Regional Trial Court (RTC) of Cebu, Branch X (Civil Case No. CEB-11914), seeking reconveyance of Lot No. 72 on the ground that the original public purpose for expropriation had ceased due to the closure of the Lahug Airport.
    • Gopuco argued that:
- a. The expropriation was conditioned upon the continued operation of the airport, meaning that abandonment should result in the property reverting to him. - b. A compromise settlement had allegedly been offered during the original proceedings, assuring repurchase at the original expropriation price—a claim for which he later failed to provide proof. - c. Announcements regarding the development of Lahug Airport into a commercial complex further suggested an intent to permanently deprive him of his property.

Issue:

    Right to Reclaim the Expropriated Property

    • Whether the Court of Appeals erred in holding that respondent Gopuco possessed the right to reclaim ownership of Lot No. 72 on the ground that the public use (Lahug Airport) for which the land was expropriated had been abandoned.
    • Whether the expropriation judgment in Civil Case No. R-1881, having become final and executory, implied that the property would revert to the former owner upon cessation of the public purpose, notwithstanding the fact that the expropriation was rendered in fee simple without any explicit condition of reversion.

    Award of Litigation Expenses and Costs

    • Whether the deletion of the award for litigation expenses and costs in favor of the petitioners (MCIAA) by the Court of Appeals was in error, especially considering the contention that Gopuco’s claim did not meet the threshold for such award.
    • Whether there existed any basis, such as bad faith or a clearly unfounded complaint, to impose additional costs on Gopuco.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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