Case Digest (G.R. No. 193023)
Facts:
National Power Corporation installed 350 KV transmission lines over a portion of a 136,736-square-meter coconut lot owned by Yunita Tuazon, Rosauro Tuazon and Maria Teresa Tuazon in Barangay Sta. Cruz, Tarangnan, Samar in 1996, destroying several improvements and prompting payment under a right-of-way agreement of P26,978.21 to their predecessor-in-interest. The respondents sued in 2002 for just compensation and damages; the RTC dismissed their complaint in 2004, the Court of Appeals reversed and remanded for determination of just compensation in 2010, and the present petition followed.Issues:
- Did the installation of transmission lines and demolition of improvements constitute a *taking* requiring payment of full market value as just compensation?
- Is Section 3-A(b) of R.A. 6395 or the implementing rules of R.A. 8974 conclusive on the computation of just compensation, limiting liability to an easement fee not exceeding ten percent?
Ruling:
The Court denied the petition Case Digest (G.R. No. 193023)
Facts:
- Parties and nature of action
- National Power Corporation (Petitioner) filed a petition for review under Rule 45 seeking reversal of the Court of Appeals decision in CA-G.R. CV No. 82480.
- Yunita Tuazon, Rosauro Tuazon and Maria Teresa Tuazon (Respondents) are co-owners of the subject land and commenced an action for payment of just compensation and damages.
- Subject property and prior transactions
- The land is a 136,736-square-meter coconut land denominated as Lot No. 2646, CAD 706-D, situate in Barangay Sta. Cruz, Tarangnan, Samar, tax-declared in the name of the respondents' predecessor-in-interest, the late Pascual Tuazon.
- In 1996, National Power Corporation installed transmission lines on a portion of the land for its 350 KV Leyte-Luzon HVDC Power Transmission Project, causing destruction of several improvements.
- Instead of instituting expropriation proceedings, National Power Corporation executed right-of-way agreements with Mr. Tuazon and paid a total of P26,978.21 as compensation for "damaged improvements" (P23,970.00), "easement and tower occupancy fees" (P1,808.21), and "additional damaged improvements" (P1,200.00); the CA identified agreements dated July 3, 1995; December 31, 1995; and August 4, 2007.
- Procedural history in the trial court
- In 2002, the respondents filed a complaint against National Power Corporation for just compensation and damages, alleging absence of expropriation proceedings and reliance on alleged promises to pay fair market value.
- The Trial Court, Regional Trial Court (RTC) Branch 40, Tarangnan, Samar, granted National Power Corporation's motion to dismiss on the ground of full satisfaction and dismissed the case on February 3, 2004.
- Proceedings in the Court of Appeals
- The respondents appealed to the Court of Appeals, which reversed the RTC in a decision promulgated March 15, 2010, and remanded the case to the RTC for proper determination of just compensation.
- The CA concluded that the demolition of improvements and installation of transmission lines constituted a "taking" under t...(Subscriber-Only)
Issues:
- Primary legal question presented
- Whether the installation of high-powered transmission lines and the demolition of improvements by National Power Corporation over privately owned land constituted a *taking* under the power of eminent domain entitling the owners to just compensation equal to the full market value of the land or only to an easement fee.
- Ancillary legal questions
- Whether Section 3-A(b) of R.A. 6395, as amended by P.D. No. 938, and the implementing rules of R.A. 8974 conclusively limit just compensation for right-of-way easements to not more than ten percent of the market value declared by the owner or assessor.
- Whether the respondents' predecessor-in-interest's acquiesc...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)