Case Digest (G.R. No. 217453)
Facts:
In Heirs of Juancho Ardona et al. v. Reyes and Philippine Tourism Authority, decided October 26, 1983, petitioners (various landowners in barangays Sibugay, Malubog, Babag and Sirao, Cebu) challenged four expropriation cases (Civ. Nos. R-19562, R-19684, R-20701 and R-21608) filed by the Philippine Tourism Authority (PTA) before the Court of First Instance of Cebu (Branch I). Under Presidential Decree No. 564 (Revised Charter of the Philippine Tourism Authority) and Proclamation No. 2052, respondents sought to condemn some 282 hectares of rolling land for an integrated resort complex—sports facilities, golf course, water and power infrastructure, sewerage systems, support facilities—and resettlement areas for displaced families. Petitioners opposed on grounds that (a) tourism is not a public use under the 1973 Constitution, (b) lands are covered by agrarian reform, (c) Proclamation No. 2052 impairs contractual obligations, (d) the Court of Agrarian Relations, not the CFI, has jurCase Digest (G.R. No. 217453)
Facts:
- Parties and Proceedings
- Petitioners: Heirs and successors of various landowners of 282 hectares in barangays Malubog and Babag, Cebu City.
- Respondents: Hon. Juan Y. Reyes, Executive Judge, CFI-Cebu (Branch I), and the Philippine Tourism Authority (PTA).
- Expropriation Cases and Development Plan
- PTA filed four expropriation complaints (Civ. Nos. R-19562, R-19684, R-20701, R-21608) to acquire rolling land for an integrated resort complex (sports facilities, golf course, clubhouse, utilities, sewerage).
- Total targeted development: ~1,000 hectares; immediate expropriation area: 282 hectares.
- Petitioners’ Motions and Allegations
- Challenges to jurisdiction (claiming land reform area jurisdiction), public-use requirement, absence of constitutional basis for tourism-purpose takings, impairment of contract (limiting compensation), and premature issuance of writs of possession.
- Deposit by PTA of 10% assessed value; lower court orders granting immediate possession and writs of possession.
- Petition for Certiorari
- Filed May 25, 1982, seeking to enjoin respondents from enforcing writs of possession.
- Main relief: declare PD 564, Proclamation No. 2052, and expropriation orders unconstitutional; restrain PTA and CFI.
Issues:
- Constitutional Authority for Expropriation for Tourism
- Whether the Constitution authorizes taking private property for tourism development.
- Whether “public use” under eminent domain includes tourism projects.
- Prematurity of Writs of Possession
- Whether issuance of immediate possession orders is premature absent prior determination of public use.
- Land Reform Conflict
- Whether lands covered by agrarian reform (Operation Land Transfer) may nonetheless be expropriated for tourism.
- Whether jurisdiction lies with the Court of Agrarian Relations.
- Validity of Presidential Issuances
- Constitutionality of PD 564 (Revised PTA Charter) and Proclamation No. 2052 (declaring tourist zones).
- Validity of PD 1533 (10% deposit rule) and PD 42 (possession on deposit).
- Other Contentions
- Alleged impairment of obligation of contracts by limiting compensation.
- Alleged criminality of forcible ejectment under PD 583.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)