Case Digest (G.R. No. 165354)
Facts:
Republic of the Philippines, represented by the National Power Corporation, petitioner, vs. Heirs of Saturnino Q. Borbon, and Court of Appeals, respondents, G.R. No. 165354, January 12, 2015, Supreme Court First Division, Bersamin, J., writing for the Court.NAPOCOR, a government-owned corporation authorized to develop hydro-electric generation and construct transmission lines under Republic Act No. 6395, entered a parcel in Barangay San Isidro, Batangas City in February 1993 to install transmission lines for the 230 KV Mahabang Parang-Pinamucan Project on land owned by the Heirs of Saturnino Q. Borbon (total area 14,257 sq. m., TCT No. T-9696). NAPOCOR later filed a complaint for expropriation in the Regional Trial Court (RTC) in Batangas City (filed May 1995), seeking an easement/right of way over approximately 6,326 sq. m., asking for a writ of possession and the appointment of commissioners; it tendered a deposit representing its assessed value.
Respondents answered, denying prior negotiation and alleging unconsented entry, destruction of fruit trees, installation of posts and poles, and contending that the transmission line bisected and effectively rendered the entire property useless; they sought compensation for the whole lot at an asserted P1,000/sq. m. After pre-trial the RTC appointed a three‑member panel of commissioners. Two commissioners in a joint report (Apr. 8, 1999) classified the property as industrial (reclassification dated June 30, 1994) and appraised it at P550/sq. m.; the third commissioner submitted a minority report recommending easement fees equal to 10% of assessed value plus damages.
The RTC, in a judgment dated November 27, 2000, adopted the joint report and ordered NAPOCOR to pay just compensation for the entire 14,257 sq. m. at P550/sq. m., with legal interest and costs. NAPOCOR appealed to the Court of Appeals (CA-G.R. No. 72069). The Court of Appeals, in a decision promulgated April 29, 2004, affirmed but modified the award, ordering payment only for the occupied 6,326 sq. m. at P550/sq. m. with legal interest.
While the appeal was pending, NAPOCOR moved to defer proceedings (Dec. 3, 2012) and, on January 3, 2014, filed a Manifestation and Motion to Discontinue Expropriation Proceedings, asserting negotiations had failed but that the transmission lines installed on the property had been retired and the public purpose therefore ceased; it cited Section 4, Rule 67 of the Rules of Court and asked for discontinuance on just and equitable terms ...(Pro-only)
Issues:
- Whether the expropriation proceedings should be discontinued or dismissed pending appeal because the public purpose has ceased.
- If discontinuance is proper, what relief or compensation, if any, is due to the property owners for NAPOCOR's prior possession and activiti...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)