Case Digest (G.R. No. 168967)
Facts:
In City of Iloilo represented by Mayor Jerry P. TreaaS, the local government filed on September 18, 1981 a Complaint for eminent domain in the Court of First Instance of Iloilo City (later RTC Branch 32), docketed as Civil Case No. 14052, to expropriate two parcels (Lot Nos. 3497-CC and 3497-DD under TCT No. T-44894) owned by Elpidio T. Javellana with Southern Negros Development Bank as mortgagee for use as a school site for Lapaz High School; petitioner alleged a tax valuation of P60.00 per sqm (total P43,560.00), while Javellana disputed the public purpose and insisted on a fair market value of at least P220.00 per sqm. On May 11, 1982, the city moved for a writ of possession after depositing P40,000.00 (10 % per PD 1533) with the Philippine National Bank, which Javellana opposed as grossly inadequate; on May 17, 1983, the trial court granted the motion and issued the writ, and petitioner took physical possession in mid-1985. The case lay dormant until April 17, 2000, when JavCase Digest (G.R. No. 168967)
Facts:
- Initiation of expropriation (1981)
- City of Iloilo, through Mayor Treaas, filed a Complaint for eminent domain on September 18, 1981 against Elpidio Javellana and mortgagee Southern Negros Development Bank to expropriate Lot Nos. 3497-CC and 3497-DD (TCT No. T-44894) as a school site for Lapaz High School; tax declaration valued the land at ₱60/sqm (₱43,560 total).
- Javellana admitted ownership but challenged public purpose and asserted fair market value of at least ₱220/sqm.
- Writ of possession and physical taking (1982–1985)
- Petitioner deposited ₱40,000 (10% of tax valuation) with PNB-Iloilo and, on May 17, 1983, secured a Writ of Possession; actual physical possession taken in mid-1985 and school construction commenced.
- Javellana did not appeal the writ order or contest the city’s possession at the time; expropriation proceedings thereafter remained dormant.
- Dormancy, discovery of non-deposit and recovery suit (2000–2003)
- On April 17, 2000 Javellana filed an Ex Parte Motion/Manifestation after learning from PNB that no deposit had been made; he demanded just compensation with interest.
- On April 2, 2003 he filed a separate Complaint for Recovery of Possession, Rentals (₱15,000/mo.) and Damages; petitioner answered that compensation must be claimed in expropriation proceedings.
- Consolidation and lower court orders (2003–2005)
- The expropriation case (Civil Case No. 14052) and recovery case (03-27571) were consolidated on August 26, 2003; a commission to determine just compensation was created on November 14, 2003.
- The RTC issued three Assailed Orders:
- First Assailed Order (Dec. 12, 2003) nullified the May 17, 1983 writ order and required a new 10% deposit based on value at complaint filing.
- Second Assailed Order (June 15, 2004) amended the reckoning date to the date of the order.
- Third Assailed Order (Mar. 9, 2005) denied reconsideration, upheld interlocutory nature of prior orders, and reaffirmed deposit requirement at order date.
Issues:
- Whether the May 17, 1983 order granting writ of possession is a final, unassailable order of expropriation.
- What is the correct reckoning date for determining just compensation in expropriation proceedings.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)