Case Digest (G.R. No. 174727) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In National Power Corporation v. Posada (G.R. No. 191945, March 11, 2015), the National Power Corporation (NPC) initiated expropriation proceedings (Civil Case No. 0008) before Branch 43 of the Regional Trial Court in Virac, Catanduanes, to acquire a right-of-way easement and later portions of land totaling 3,954 square meters in Barangay Marinawa, Bato, Catanduanes. NPC’s initial offer of ₱500 per square meter was objected to by respondents Socorro T. Posada, Renato Bueno, Alice Balin, Adrian Tablizo, Teofilo Tablizo, and Lydia T. Olivo (substituted by her heirs), who claimed the land was worth ₱2,000 per square meter. Court-appointed commissioners recommended ₱1,500 per square meter, but NPC opposed and later deposited ₱580,769.93 as provisional value. The trial court issued a writ of possession on July 14, 2005, denied respondents’ motions to lift it, but on November 27, 2006, fixed just compensation at ₱2,000 per square meter and recalled the writ for NPC’s failure to dep Case Digest (G.R. No. 174727) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Expropriation proceedings
- The National Power Corporation (NPC) filed Civil Case No. 0008 in RTC Branch 43, Virac, Catanduanes to acquire a right-of-way easement over parcels owned by Posada, Bueno, Balin, the Tablizos and Olivo for its Substation Island Grid Project. NPC offered ₱500/m²; respondents claimed ₱2,000/m².
- On December 16, 2002 the RTC confirmed NPC’s right to expropriate and appointed commissioners to determine just compensation.
- Possession writ and value disputes
- On January 28, 2003 NPC filed a Notice to Take Possession and deposited ₱3,280 with Land Bank under Rule 67, Sec. 2. On July 10, 2003 the commissioners recommended ₱1,500/m²; NPC objected citing non-expert testimony, BIR zonal values (₱105–₱160/m²), Provincial Appraisal Committee (₱500/m²) and charter limits (10%).
- On November 19, 2003 NPC amended its complaint to acquire 3,954 m², deposited ₱580,769.93, and on July 14, 2005 obtained an ex parte writ of possession. Respondents secured time to remove improvements (June 5, 2006) and the RTC ordered an additional deposit of ₱262,639.17, which NPC failed to pay.
- Compensation award, appeals and withdrawal
- On November 27, 2006 the RTC fixed just compensation at ₱2,000/m², recalled the writ of possession and canceled NPC’s possession order. NPC appealed to the CA; on August 7, 2009 the CA affirmed and denied NPC’s motion for reconsideration (April 14, 2010).
- NPC filed a Petition for Review on Certiorari before the SC (June 4, 2010) and motions for TRO. In July 2014 NPC secured an alternative site and moved to withdraw its petition and have the amended complaint dismissed.
Issues:
- May NPC withdraw its Petition for Review on Certiorari?
- Does such withdrawal effect dismissal of the Amended Complaint before the trial court?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)