Case Digest (G.R. No. 127820) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Municipality of Parañaque vs. V.M. Realty Corporation, G.R. No. 127820, decided July 20, 1998, the Municipality of Parañaque (petitioner) invoked eminent domain over Lots 2-A-2 and 2-B-1 of Subdivision Plan Psd-17917, totaling about 10,000 square meters in Wakas, San Dionisio, Parañaque, covered by Torrens Certificate of Title No. 48700, to implement a socialized housing project. Pursuant to Sangguniang Bayan Resolution No. 93-95, Series of 1993, the municipality filed its expropriation complaint on September 20, 1993, after an earlier attempt at negotiated sale under Resolution No. 577, Series of 1991 failed. The Regional Trial Court of Makati, Branch 134, admitted the complaint through an Order dated January 10, 1994, and by a February 4, 1994 Order authorized possession upon deposit of 15% of the fair market value. V.M. Realty filed an answer/motion to dismiss, contending that the complaint was based on a mere resolution, not an ordinance as required by Section 19 of R.A. Case Digest (G.R. No. 127820) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Subject Matter
- Petitioner: Municipality of Parañaque (LGU) seeking to expropriate two parcels of land (Lots 2-A-2 and 2-B-1 of Subdivision Plan Psd-17917; total ~10,000 sqm, TCT No. 48700) in Wakas, San Dionisio, Parañaque.
- Respondent: V.M. Realty Corporation, registered owner of the subject parcels.
- Prior Negotiations and Offer
- Sanggunian Bayan Resolution No. 577, Series of 1991: petitioner offered negotiated sale for socialized housing; offer declined by respondent.
- Sanggunian Bayan Resolution No. 93-95, Series of 1993: municipal council “resolution” authorizing expropriation proceedings.
- Trial Court Proceedings
- RTC Makati, Branch 134:
- January 10, 1994 – Complaint given due course.
- February 4, 1994 – Authorization to take possession upon 15% deposit of fair market value.
- Respondent’s Answer and Motion to Dismiss (February 21, 1994):
- No ordinance as required by Sec. 19, RA 7160 → no cause of action.
- Bar by prior expropriation suit (Civil Case No. 17939, dismissed May 18, 1988; final; res judicata; respondent as successor-in-interest).
- RTC Resolution (August 9, 1994): nullified February 4 order and dismissed case for lack of ordinance and res judicata.
- Denial of Reconsideration and Venue Transfer (December 2, 1994).
- Appellate Proceedings
- Court of Appeals, CA-G.R. CV No. 48048: affirmed RTC Decision in toto (July 22, 1996); denied reconsideration (January 8, 1997).
- Supreme Court: petition for review on certiorari filed by petitioner.
Issues:
- Whether a municipal “resolution” under Sanggunian Bayan Resolution No. 93-95, Series of 1993, satisfies the requirement of an ordinance under Section 19, RA 7160, for an LGU to exercise eminent domain.
- Whether the principle of res judicata bars the present expropriation proceedings by the Municipality of Parañaque over the same property.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)