Case Digest (G.R. No. 202384)
Facts:
On July 2, 1997, the Sangguniang Panlungsod of Las Piñas City enacted City Ordinance No. 343-97 declaring the entire stretch of Marcos Alvarez Avenue—from Congressman Felimon C. Aguilar Avenue (Alabang-Zapote Road) to the boundary of Molino, Bacoor, Cavite—as a public road. The road was in fact a system of private lots owned by South Rich Acres, Inc. (SRA) and Top Service, Inc., which had acquired seven parcels by purchase and assignment since 1959 and had granted rights of way to neighboring developments in exchange for compensation. In response, SRA and Top Service filed a Petition for Declaratory Relief and Damages with Prayer for Preliminary Injunction before the Regional Trial Court (RTC) of Las Piñas City (Civil Case No. LP-97-0190) to annul the ordinance on grounds of unconstitutional taking without just compensation. Royal Asia Multi-Properties, Inc. (RAMPI), later substituted by Equitable PCI Bank, Inc. (EPCIB), now Banco de Oro Unibank, Inc. (BDO), intervened to upholdCase Digest (G.R. No. 202384)
Facts:
- Parties and Background
- Equitable PCI Bank, Inc. (EPCIB, now Banco de Oro Unibank, Inc.) and intervenor Royal Asia Multi-Properties, Inc. (RAMPI) vs. South Rich Acres, Inc. (SRA) and Top Service, Inc. (TSI), owners of seven private lots comprising “Marcos Alvarez Avenue.”
- City of Las Piñas enacted City Ordinance No. 343-97 (July 2, 1997), declaring the entire length of Marcos Alvarez Avenue a public road.
- Private Ownership and Right of Way
- SRA and TSI held three Transfer Certificates of Title and deeds covering the subject lots since 1959–1960, granting right-of-way licenses to various users.
- Upon ordinance enactment, SRA and TSI filed for declaratory relief, damages, and preliminary injunction in RTC Branch 253 (Civil Case No. LP-97-0190) to annul the ordinance for unconstitutional taking without compensation.
- Intervention, Substitution and Appeals
- RAMPI intervened to defend the ordinance; the RTC initially denied but later granted intervention (Jan 12, 1998).
- EPCIB succeeded RAMPI’s interest; filed Answer (May 4, 2001).
- RTC declared the ordinance invalid (Apr 30, 2004) and denied SRA/TSI’s damages claim; appealed by EPCIB and SRA/TSI to the Court of Appeals (CA).
- CA affirmed unconstitutionality of the ordinance and ordered cancellation of lis pendens on EPCIB’s Royal South Subdivision titles (Decision Mar 9, 2012; Resolution Jun 20, 2012).
Issues:
- Ordinance Validity
- Whether City Ordinance No. 343-97 is a valid exercise of police power, exempting the City from paying just compensation for the taking of private lots.
- Lis Pendens Annotation
- Whether the CA erred in ordering cancellation of notices of lis pendens annotated on EPCIB’s (BDO’s) subdivision titles, which were not the subject lots in litigation.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)