Title
Province of Pangasi vs. Presiding Judge, Branch VIII, Court of 1st Instance of Pangasi
Case
G.R. No. L-38587
Decision Date
Oct 28, 1977
Province of Pangasinan expropriated land for school use; delayed payment of just compensation; Supreme Court upheld execution order, ruling delay unjustified and violating constitutional mandate.

Case Digest (G.R. No. L-38587)
Expanded Legal Reasoning Model

Facts:

  • Expropriation of Property: The Province of Pangasinan filed a complaint for expropriation on July 10, 1963, seeking to acquire a portion of a lot owned by private respondents for school purposes. The lot measured 8,754 square meters and was located in Barrio San Julian, Malasiqui, Pangasinan.
  • Provisional Value and Possession: On July 11, 1963, Judge Guillermo Dacumos fixed the provisional value of the property at P1,050.48 and authorized the Province to take immediate possession.
  • Withdrawal of Deposit: On August 27, 1966, the Province filed a motion to withdraw the deposit of P1,050.48 as part of the payment due to private respondents. The motion was granted two days later.
  • Determination of Just Compensation: On December 9, 1971, the lower court issued an order fixing the fair market value of the land at P1.92 per square meter and awarding consequential damages for coconut and mango trees. The total just compensation was set at P18,137.68, with legal interest from the date of possession.
  • Motion for Execution: On September 14, 1973, private respondents filed a motion for execution to enforce the payment of just compensation. The Province opposed the motion, but the court granted the motion for execution on October 25, 1973.
  • Petition for Certiorari: The Province filed a petition for certiorari, arguing that the order of execution was a "patent nullity" and that there was no final judgment. The petition was filed by two Assistant Provincial Fiscals and the Provincial Attorney.

Issues:

  • Whether the order of execution issued by Judge Domondon on October 25, 1973, was valid and enforceable.
  • Whether the Province of Pangasinan was justified in delaying the payment of just compensation to private respondents.
  • Whether the petition for certiorari filed by the Province had merit.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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