Case Digest (G.R. No. 10278)
Facts:
The plaintiff-appellant was The Manila Railroad Company and the original defendants were Romana A. Velasquez, Melecio Allarey, and Deogracias Maligalig; subsequent parties added as defendants were Simeon Perez, Filemon Perez, and Francisco Icasiano after they purchased interests from Romana Velasquez. On proceedings in the Court of First Instance of Tayabas, dated prior to the Supreme Court's decision of November 23, 1915, the railroad company instituted condemnation proceedings to expropriate twelve small parcels of land at Lucena, Province of Tayabas, for a railroad station site. A commission of appraisers assessed the twelve parcels at P81,412.75 and awarded P600 to Simeon Perez for the removal of an uncompleted camarin; the Court of First Instance approved the commissioners' report and directed payment of the award to the Tayabas Land Company. The plaintiff appealed, alleging the award was grossly excessive and that the land had been used only for rice cultivation. The recor...Case Digest (G.R. No. 10278)
Facts:
The plaintiff, Manila Railroad Company, instituted eminent-domain proceedings to expropriate twelve parcels in Lucena, Province of Tayabas for a railroad station; original defendants were Romana A. Velasquez, Melecio Allarey, and Deogracias Maligalig, and subsequently Simeon Perez, Filemon Perez, and Francisco Icasiano were made parties. The commissioners appraised the twelve parcels at P81,412.75 and awarded P600 to Simeon Perez for removal of a camarin; the Court of First Instance approved the report and ordered payment to the Tayabas Land Company, whereupon the plaintiff appealed alleging grossly excessive valuation.Issues:
- Whether the Supreme Court had authority to review and modify the commissioners' award in eminent-domain proceedings.
- Whether the Court of First Instance had power under Section 246 of the Code of Civil Procedure to accept, reject, or modify the commissioners' report and render a final judgment.
- Whether the award in this case was excessive and should be reduced.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)