Case Digest (G.R. No. 175983)
Facts:
The petition arose from Metropolitan Cebu Water District (MCWD), a government-owned and controlled corporation created under Presidential Decree No. 198, seeking to expropriate a five–square–meter portion of land covered by TCT No. 168605, owned by J. King and Sons Company, Inc., situated in Banilad, Cebu City. MCWD initiated voluntary negotiations which the respondent rejected. Thereafter, via Board Resolution No. 015-2004, duly approved by the Local Water Utilities Administration (LWUA), MCWD filed an expropriation complaint on November 10, 2004, under its charter’s grant of eminent domain powers. On February 7, 2005, MCWD moved for a writ of possession, depositing ₱17,500—equivalent to 100% of the BIR’s zonal value—with the trial court. The Regional Trial Court of Cebu City (Branch 23) granted the writ on April 1 and May 9, 2005. The respondent’s motion for reconsideration was denied. It then filed a Rule 65 certiorari petition with the Court of Appeals, which issued a TRO anCase Digest (G.R. No. 175983)
Facts:
- Parties and Property
- Petitioner Metropolitan Cebu Water District (MCWD) is a government-owned and controlled corporation created under Presidential Decree No. 198, as amended, empowered to operate water supply and distribution systems.
- Respondent J. King and Sons Company, Inc. owns a larger parcel covered by Transfer Certificate of Title No. 168605 in Banilad, Cebu City, within which MCWD’s production well occupies a 5-square-meter portion.
- Pre-expropriation Steps and Lower Court Proceedings
- MCWD negotiated for the voluntary sale of the 5-sqm lot; negotiations failed.
- MCWD’s Board of Directors passed Resolution No. 015-2004 (27 February 2004), approved by the Local Water Utilities Administration (LWUA) on 28 February 2005, authorizing expropriation.
- MCWD filed an expropriation complaint on 10 November 2004 and moved for a writ of possession on 7 February 2005, depositing P17,500 (100% of zonal value at P3,500/sqm).
- The Regional Trial Court (RTC), Branch 23, Cebu City, granted the writ of possession by orders dated 1 April and 9 May 2005. Respondent’s motion for reconsideration was denied.
- Respondent petitioned for certiorari (Rule 65) with the Court of Appeals (CA), which issued a temporary restraining order (TRO), preventing MCWD’s entry.
- On 26 July 2006, the CA nullified the RTC orders and writ of possession, finding the board resolution lacked particularity, doubting the necessity of expropriation, and holding that reliance on R.A. No. 8974 violated judicial determination of just compensation. Reconsideration was denied (28 September 2006).
Issues:
- Authority to Institute Expropriation
- Whether MCWD’s board resolution and LWUA review sufficiently authorized the filing of the expropriation complaint.
- Procedure for Writ of Possession
- Whether MCWD complied with the required procedure—under R.A. No. 8974 and Rule 67 of the Rules of Court—in obtaining the writ of possession.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)