Case Digest (G.R. No. 212786)
Facts:
This is Republic of the Philippines v. Estrella R. Decena, et al., G.R. No. 212786, July 30, 2018, the Supreme Court Second Division, Caguioa, J., writing for the Court. The petition for review on certiorari under Rule 45 was filed by the Republic of the Philippines, represented by the Department of Public Works and Highways (DPWH), against respondents Estrella R. Decena, Marieta D. Brazil, Noland D. Brazil, and the Heirs of Edita R. Decena (represented by Virgilio C. Brazil, Sr.), assailing the Court of Appeals’ Decision dated February 28, 2014 and Resolution dated May 28, 2014 in CA‑G.R. CV No. 100485.As part of the C5 Road Extension Road Widening Project, the DPWH sought to acquire several parcels of land along Old Balara, Quezon City. When negotiated purchases failed, the Republic filed five separate expropriation complaints (Civil Cases Nos. Q-10-68298, Q-10-68299, Q-10-68390, Q-10-68731, Q-10-68732) between November 2010 and February 2011; these were later consolidated before the Regional Trial Court (RTC), Branch 83, Quezon City.
Upon filing, the Republic deposited with Land Bank of the Philippines amounts equivalent to 100% of the current BIR zonal valuation per parcel as required by R.A. No. 8974, Sec. 4(a), and on June 17, 2011 the RTC issued a Writ of Possession. The RTC thereafter issued an Order of Condemnation and appointed a Board of Commissioners (BOC) to appraise the properties. The BOC’s report (May 14, 2012) recommended P17,893.33 per sq. m., relying primarily on the BIR zonal valuation and average recorded sales. Respondents submitted an appraisal by Philippine Appraisal Company, Inc. (PACI) recommending P30,000.00 per sq. m., based on a market data approach focusing on comparables and listings.
In a Resolution dated July 5, 2012, the RTC fixed just compensation at P25,000.00 per sq. m., rejecting exclusive reliance on the BOC and PACI figures and explaining its assessment as a considered estimate of fair market value; the RTC denied petitioner's motion for reconsideration on November 29, 2012. The Republic appealed to...(Subscriber-Only)
Issues:
- Under Rule 45, is the Court barred from reweighing factual determinations (including valuation) made by the RTC and CA in expropriation proceedings?
- Did the Court of Appeals commit reversible error in affirming the RTC’s determination of just compensation at P25,000.00 per square meter for t...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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