Case Digest (G.R. No. 137408-10)
Facts:
In Jesus Is Lord Christian School Foundation, Inc. v. Municipality of Pasig, petitioner JILCSFI acquired a 1,791-sqm parcel covered by TCT No. PT-66585 from the Ching Cuanco family. On April 19, 1993, the Sangguniang Bayan of Pasig enacted Ordinance No. 21 authorizing expropriation of a 51-sqm portion abutting E.R. Santos Street for a three-meter-wide public access road. After the Ching Cuancos purportedly rejected an offer, the Municipality filed an expropriation complaint on July 21, 1993, deposited 15% of the fair market value, and obtained a writ of possession. On November 26, 1993, it annotated a notice of lis pendens over JILCSFI’s subsequently issued title. JILCSFI intervened in August 1994, contesting public necessity, the adequacy of the valid and definite offer under Section 19 of R.A. No. 7160, and alleging its rights were infringed. The RTC of Pasig Branch 160 ruled in favor of the Municipality on September 3, 1997, finding substantial compliance with statutory requiCase Digest (G.R. No. 137408-10)
Facts:
- Need for expropriation and ordinance
- The Municipality (now City) of Pasig required a 3-meter-wide access road from E. R. Santos Street to Barangay Sto. Tomas Bukid for fire trucks, water and electricity services to 60–70 light-material houses.
- On April 19, 1993, Sangguniang Bayan Ordinance No. 21 authorized the mayor to expropriate 51 sqm out of a 1,791 sqm lot owned by Lorenzo, Victor and Ernesto Ching Cuanco (TCT No. PT-66585), stating the owners were notified but had rejected the purchase offer.
- Expropriation proceedings
- July 21/August 6, 1993: the city filed expropriation complaint under Section 19, R.A. 7160, depositing 15% of market value and securing a writ of possession; November 26, 1993: notice of lis pendens annotated on JILCSFI’s TCT No. PT-92579.
- The city constructed a 3 m-wide cemented road (“Damayan Street”) over the disputed portion.
- Intervention by JILCSFI
- JILCSFI (purchaser by deed of sale dated December 13, 1993; TCT issued December 21, 1993) intervened August 26, 1994, denying the city’s right, alleging exercise of eminent domain was not for the poor/landless, location was burdensome, and it was not the real party-in-interest.
- It also filed crossclaims against co-owners and counterclaims for damages and attorney’s fees.
- Trial evidence
- Municipality’s messenger testified to serving a photocopy of a letter signed “Engr. Reyes” to Lorenzo, but the RTC excluded it for lack of original.
- Resident and official witnesses (engineer, fire marshal) testified Damayan Street was the only vehicular/fire-truck access.
- Tax mapper established JILCSFI ownership effective January 13, 1994.
- Lower courts’ decisions
- September 3, 1997 RTC Order: declared city had lawful right to expropriate; directed appointment of commissioners for just compensation.
- March 13, 2001 CA Decision: affirmed RTC—found substantial compliance with valid/definite offer (letter plus lis pendens), constructive notice, and public necessity; denied reconsideration February 18, 2002.
Issues:
- Whether the city made the “valid and definite offer” required by Section 19, R.A. 7160 to the proper owner before filing complaint.
- Whether property already intended for public use (school/church) may still be expropriated.
- Whether the civil-code requisites for an easement of right-of-way apply to expropriation.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)