Case Digest (G.R. No. 162474)
Facts:
In Eusebio v. Luis (G.R. No. 162474, October 13, 2009), respondents Jovito M. Luis, Lidinila Luis Santos, Angelita Cagalingan, Romeo M. Luis, and Virginia Luis-Bellesteros owned a 1,586-square-meter parcel covered by Transfer Certificates of Title Nos. 53591 and 53589. In 1980, the City of Pasig, represented by Mayor Vicente P. Eusebio and other officials, took the land without expropriation proceedings and converted it into A. Sandoval Avenue in Barangay Palatiw. In 1993, the city council authorized payment, but the Appraisal Committee assessed just P150.00 per square meter. Respondents pressed for P2,000.00 per square meter, citing comparable takings, and later demanded P5,000.00 per square meter plus rental. When negotiations stalled, they filed a complaint in October 1996 for reconveyance or, alternatively, just compensation and rental, and for moral and exemplary damages, attorney’s fees, and costs. The Regional Trial Court (RTC) in January 2001 declared the taking illegal,Case Digest (G.R. No. 162474)
Facts:
- Parties and Subject Property
- Respondents Jovito M. Luis, Lidinila Luis Santos, Angelita Cagalingan, Romeo M. Luis, and Virginia Luis-Bellesteros are registered owners of a 1,586-square-meter parcel covered by TCT Nos. 53591 and 53589 in Barangay Palatiw, Pasig City.
- The City of Pasig took possession of the land in 1980 for conversion into A. Sandoval Avenue without judicial expropriation or payment of just compensation.
- Administrative and Judicial Proceedings
- Sanggunian Resolution No. 15 (Feb. 1, 1993) authorized payment to respondents; Appraisal Committee Resolution No. 93-13 (Oct. 19, 1993) valued the land at ₱150.00/sqm.
- Respondents’ correspondence: Nov. 25, 1994 letter to the Mayor noting ₱2,000.00/sqm paid for nearby expropriation; June 26, 1995 letter requesting ₱2,000.00/sqm.
- Counsel’s demand letter (Aug. 26, 1996) sought ₱5,000.00/sqm (₱7,930,000.00 total) or reconveyance plus back rentals of ₱500.00/sqm (₱793,000.00 total), with 12% interest, moral and exemplary damages, attorney’s fees, and costs.
- Mayor’s response (Sept. 9, 1996): City cannot exceed the Appraisal Committee valuation.
- Complaint for Reconveyance and/or Damages filed Oct. 8, 1996 before RTC Pasig City, Branch 155.
- RTC Decision (Jan. 2, 2001): declared the taking illegal; ordered either return of property plus back rentals (₱793,000.00) with 6% interest, or, if not returnable, just compensation of ₱5,000.00/sqm (₱7,930,000.00) plus rentals of ₱500.00/sqm, both with 6% interest; awarded ₱200,000.00 attorney’s fees.
- CA Decision (Nov. 28, 2003) and Resolution (Feb. 27, 2004) denied petitioners’ appeal and motion for reconsideration.
- Petition for Review on Certiorari filed before the Supreme Court under Rule 45, assailing prescription, valuation, rentals, and attorney’s fees awards, and personal liability of city officials.
Issues:
- Prescription
- Whether respondents’ action for recovery of property or just compensation prescribes despite the 1980 taking without expropriation.
- Recovery of Possession vs. Just Compensation
- Whether respondents may recover possession or are limited to claiming just compensation.
- Valuation and Rentals
- Whether the trial court and CA erred in fixing just compensation at ₱5,000.00/sqm and back rentals at ₱500.00/sqm, contrary to Appraisal Committee’s ₱150.00/sqm valuation at time of taking.
- Whether back rentals are proper when interest is available as indemnity.
- Attorney’s Fees and Exemplary Damages
- Whether the award of ₱200,000.00 attorney’s fees and moral/exemplary damages was justified despite no proven negligence or malice.
- Personal Liability of City Officials
- Whether Mayor Vicente P. Eusebio, Lorna A. Bernardo, and Victor Endriga are jointly liable in their personal capacity.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)