Title
Supreme Court
National Power Corp. vs. Aguirre-Paderanga
Case
G.R. No. 155065
Decision Date
Jul 28, 2005
NPC failed to file a timely appeal in expropriation case; Supreme Court upheld just compensation for landowners, ruling right-of-way easement as a taking under eminent domain.

Case Digest (G.R. No. 155065)
Expanded Legal Reasoning Model

Facts:

  • Parties and Context
    • National Power Corporation (NPC) filed a complaint for expropriation on March 19, 1996, involving parcels of land in Baring and Cantumog, Carmen, Cebu.
    • Defendants/respondents included Petrona O. Dilao and several siblings (co-owners of a land portion), and Estefania Enriquez, owner of another parcel.
  • Subject Matter of Expropriation
    • The complaint covered:
a) 7,281 square meters out of 25,758 square meters co-owned by Dilao and her siblings. b) 7,879 square meters out of 17,019 square meters owned by Enriquez.
  • NPC intended to use the lands for the Leyte-Cebu Interconnection Project, specifically for transmission lines and right-of-way easements.
  • Proceedings and Motions
    • NPC filed an urgent ex parte motion for writ of possession on March 20, 1996, granted on May 9, 1996.
    • Dilao filed an answer with counterclaim while Enriquez did not respond.
    • A Board of Commissioners was appointed to determine just compensation.
  • Commissioners' Report and Trial Court Decision
    • Commissioners reported (April 15, 1999) average appraisal of P516.66 per square meter for the Dilao properties.
    • NPC opposed the appraisal, invoking R.A. No. 6395, Section 3A, arguing compensation for right-of-way easement should not exceed 10% of market value since the land remained agricultural.
    • On November 10, 1999, the trial court adopted the commissioners' appraisal and awarded just compensation accordingly, including P250,000.00 for improvements.
  • Appeals and Procedural Posture
    • NPC filed a Notice of Appeal but failed to perfect it within the reglementary period due to non-filing of a record on appeal; the trial court denied their appeal on January 17, 2000.
    • NPC’s motion for reconsideration and petition for relief were denied.
    • Dilao et al.’s motion for execution of judgment was granted August 17, 2001.
    • NPC filed a petition for certiorari with the Court of Appeals challenging the denial of their appeal and execution order; the petition was denied.
    • NPC brought the case to the Supreme Court, arguing deprivation of due process and incorrect application of the rules on record on appeal and jurisdiction.

Issues:

  • Whether the failure of NPC to file a record on appeal in the expropriation case justified the dismissal of its appeal.
  • Whether a complaint for expropriation under Rule 67 of the Rules of Civil Procedure is a "special proceeding" or falls under the category of "multiple or separate appeals" requiring a record on appeal under Rule 41, Section 2.
  • Whether the trial court acquired jurisdiction over defendant Enriquez despite her failure to file an answer or appear.
  • Whether the commissioners’ and trial court’s valuation of just compensation based on full market value for the right-of-way easement, instead of limiting it to 10% of market value as provided by Section 3A of R.A. No. 6395, was proper.
  • Whether the imposition of easement for transmission lines constitutes a taking within the power of eminent domain necessitating compensation.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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