Case Digest (G.R. No. 269159)
Facts:
In Heirs of Raisa Dimao, namely Elias D. Comagul, Edres D. Comagul, Sapia D. Comagul, Rasmia D. Dimacaling, Salem Rascal, Saidamen D. Comagul, and Raihani D. Mangadira (collectively, petitioners) versus the National Grid Corporation of the Philippines (NGCP), the controversy centers on NGCP’s exercise of eminent domain over 11,640 square meters of Lot No. 104, Gss-10-000286 in Barangay Basagad, Baloi, Lanao del Norte. The Baloi-Agus 2 138kV Transmission Line was erected by the National Power Corporation (NPC) in 1978. Under R.A. No. 9136, TRANSCO inherited NPC’s transmission functions, and NGCP took over in 2009. On August 15, 2014, NGCP filed an expropriation complaint before the RTC of Lanao del Norte, Branch 4, seeking title and a writ of possession. It deposited ₱1,756,400.00 (the BIR zonal value) with Land Bank of the Philippines. A writ of possession issued on September 2, 2014, and NGCP took physical possession later that month. Petitioners answered on October 1, 2014, deCase Digest (G.R. No. 269159)
Facts:
- Background and Parties
- In 1978, National Power Corporation (NPC) constructed the Baloi-Agus 2 138kV Transmission Line (BATL) across multiple parcels, including Lot No. 104, Gss-10-000286 in Barangay Basagad, Baloi, Lanao del Norte (11,640 sqm).
- Under RA 9136 (2001), TRANSCO assumed NPC’s transmission functions; on January 15, 2009, NGCP took over TRANSCO’s operations.
- Expropriation Proceedings
- On August 15, 2014, NGCP filed for expropriation of the Subject Property, praying for a writ of possession to clear vegetation within the 30 m right-of-way (ROW); it deposited ₱1,756,400 (100% BIR zonal value).
- The RTC issued a writ of possession on September 2, 2014; NGCP took possession on September 25–26, 2014.
- On October 1, 2014, petitioners (heirs of Raisa Dimao, registered owner since October 2, 2012) answered, demanding ₱113,552,000 plus interest and rentals. No settlement was reached, leading to appointment of commissioners.
- Trial and Appeals
- RTC Decision (April 16, 2018): Declared NGCP’s right to expropriate 11,460 sqm; awarded just compensation of ₱49,622,050 (ordering deposit of additional ₱47,865,650). Motion for reconsideration denied (Aug 9, 2018).
- CA Decision (July 26, 2019): Affirmed expropriation right but deleted the additional ₱47,865,650 award, citing Section 112 of C.A. No. 141 (60 m easement on patent lands) and lack of proof of pre-1978 improvements.
- CA Resolution (Aug 4, 2020): Denied reconsideration. Petitioners elevated the case to the Supreme Court via petition for certiorari.
Issues:
- Just Compensation Entitlement
- Whether petitioners, as registered owners since 2012, are entitled to just compensation for the ROW taking.
- Whether the reckoning point is the construction of BATL in 1978 or the filing of the complaint in 2014.
- Applicability and Validity of Section 112, C.A. No. 141
- Whether Section 112’s 60 m easement provision applies to NGCP (a quasi-public entity).
- Whether Section 112 is unconstitutional or superseded by RA 8974 and RA 10752.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)