Title
Garcia vs. Court of Appeals
Case
G.R. No. L-47553
Decision Date
Jan 31, 1981
Petitioners contested NPC's expropriation of land, disputing compensation for Block 19. SC ruled just compensation at P15/sq.m., based on 1970 expropriation order, not 1957 occupation.
A

Case Digest (G.R. No. L-29203)

Facts:

In Civil Case No. 3584 before the Court of First Instance of Pampanga, National Power Corporation filed on August 8, 1969 an action for expropriation seeking right‑of‑way easements for the 69 KV Mexico‑Balibago line over portions of Lots 633 and 634; the NPC was placed in possession on March 30, 1970 after a provisional deposit of P5,670. The trial court, following the Commissioner's report, expropriated Block 10 and Block 19 and awarded just compensation at P15.00 per square meter; the Court of Appeals reduced the award for Block 19 to P0.07 per square meter based on a 1957 tax declaration, prompting petitioners to seek relief in this Court.

Issues:

  • Did the Court of Appeals err in fixing the just compensation for Block 19 at P0.07 per square meter?
  • When should the market value of property be fixed where prior entry was permissive rather than a taking for eminent domain?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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