Case Digest (G.R. No. 206702)
Facts:
Republic of the Philippines, represented by the National Irrigation Administration, G.R. No. 206702, June 07, 2017, Supreme Court Third Division, Tijam, J., writing for the Court. The petitioner is the Republic through the National Irrigation Administration (NIA); the respondents are landowners Rolando C. Cebuan, Ruben C. Cebuan, Eric C. Cebuan, Samuel C. Baring, Beatrice A. Low, Leonore L. Dela Serna and the Heirs of Lorenzo Umbaad.
For the Lower Agusan Development Project (Irrigation Component) in Butuan City, NIA identified several parcels in Barangays Basag, Ampayon and Kinamlutan for construction of irrigation canals and, after negotiations failed, filed an expropriation complaint on December 3, 2003. Respondents generally consented to expropriation but proposed valuation at PhP300 per sq. m.; NIA based its initial valuation on BIR zonal values (Department Order No. 16-2000) and sought an aggregate of PhP60,094.50 for about 11,737 sq. m. Several landowners (the Cebuans, Baring and Umbaad heirs) executed Permits to Enter (2002–2003) and received some payments for damages to crops and improvements; others (Low and Dela Serna) allegedly had no improvements and received no payment.
The RTC appointed a Board of Commissioners to determine fair market value. The Commissioners’ May 16, 2006 Report applied the Market Data Approach and assigned fair market values (P45/sq.m. for certain Cebuans and Umbaad lands; P120/sq.m. for Dela Serna), and assessed consequential damages at 5% and consequential benefits at 3% of FMV. NIA objected, urging reliance on BIR zonal valuations and even asserting purchase price of PhP0.90/sq.m. as controlling.
On December 18, 2006, the RTC issued a Partial Judgment adopting the Commissioners’ Report, awarding just compensation and also granting awards for “unrealized income” (unharvested crops) for some owners; the RTC later issued a Clarificatory and Final Judgment directing payment to Dela Serna, the Umbaad heirs and Low and calculating unrealized income for certain owners. NIA appealed to the Court of Appeals (CA) contesting valuation, the consequential damages/benefits findings and the award for unrealized income.
The CA, in CA-G.R. CV No. 02263, partly granted NIA’s appeal: it upheld the valuation methods and amounts adopted by the Commissioners and RTC (noting BIR zonal valuation is not the sole index), but found the award for unrealized income improper because just compensation is measured at the time ...(Pro-only)
Issues:
- Did the Court of Appeals err in affirming the Regional Trial Court’s determination of just compensation?
- Was the CA’s remand to the RTC for determination of alleged unpaid improvements ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)