Case Digest (G.R. No. 181792)
Facts:
The case involves Star Special Watchman and Detective Agency, Inc., Celso A. Fernandez, and Manuel V. Fernandez as petitioners, and the City of Puerto Princesa, Mayor Edward Hagedorn, and the City Council of Puerto Princesa City as respondents. The petitioners were owners of two parcels of land located in Puerto Princesa City, one covered by Transfer Certificate of Title (TCT) No. 7827 with 5,261 square meters, and the other by TCT No. 7828 covering approximately 130,094 square meters. These lands were subdivided into seven lots on June 3, 1989.
Prior to Puerto Princesa's conversion into a city, the national government built the Western Command military camp on site, resulting in encroachment on several properties owned by the petitioners. One particular lot, Lot 7 consisting of 5,942 square meters and covered by TCT No. 13680, was seized and used as a road right-of-way (called Wescom Road) leading to the camp. The City of Puerto Princesa later decided to develop Wescom Roa
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Case Digest (G.R. No. 181792)
Facts:
- Ownership and Land Dispute
- Petitioners Star Special Watchman and Detective Agency, Inc., Celso A. Fernandez, and Manuel V. Fernandez owned two parcels of land in Puerto Princesa City, covered by TCT Nos. 7827 and 7828, totaling approximately 135,355 square meters.
- On June 3, 1989, these parcels were subdivided into seven lots.
- The national government established the Western Command military camp in Puerto Princesa, resulting in encroachment on petitioners’ lands, specifically Lot 7 (5,942 sqm, TCT No. 13680), which became a road right-of-way (Wescom Road).
- Initial Litigation and Judgment
- Petitioners filed a suit for payment of just compensation against Puerto Princesa City, Mayor Edward Hagedorn, and the City Council (respondents) before RTC Branch 78 (Civil Case No. Q-90-4930), seeking just compensation for the land taken and monthly rental fees.
- On July 22, 1993, RTC-Br. 78 ruled in favor of petitioners, ordering respondents to pay P1,500 per sqm for the land, with 12% interest from March 12, 1990, plus monthly rentals of P2,000 from 1986 until full payment, denying damages and attorney’s fees.
- A writ of execution was issued on February 17, 1994, demanding satisfaction of a money judgment amounting to P16,930,892.97 as of October 1995.
- Negotiated Settlement and Partial Payments
- In November 1995, petitioner Celso A. Fernandez and respondents’ legal counsel agreed to reduce the judgment amount to P12,000,000, with payment schedule consisting of P2 million in February 1996 and monthly installments thereafter.
- Payments were made amounting to the full P12 million by October 23, 1997, supported by certifications from the City Treasurer and official receipts.
- Subsequent Proceedings and Unpaid Balances
- On November 27, 2001, petitioners filed a new complaint before RTC Branch 223 (Civil Case No. Q-01-45668) for unpaid just compensation balances, including interests and rentals based on the original RTC-Br. 78 decision.
- Petitioners alleged an unpaid balance of P10,615,569.63 as of October 31, 2001, interest accruing thereon, and rentals totaling P380,000 plus P2,000 monthly from November 2001.
- On November 18, 2003, RTC-Br. 223 rendered a decision ordering respondents to pay petitioners the unpaid balance, interest, and rentals but denied attorney’s fees.
- Despite the finality of the decision and issuance of writs of execution, respondents failed to satisfy payment.
- Attempts to Enforce Judgment
- Petitioners filed motions with RTC-Br. 223 to garnish respondents’ accounts and compel payment, all denied citing Section 305(a) of the Local Government Code, barring levy or execution on government funds without appropriation ordinance.
- Petitioners sought relief through COA, the Office of the Deputy Ombudsman for Luzon, and the Department of the Interior and Local Government (DILG), but COA refused jurisdiction citing the case was at execution stage.
- Petitioners then filed the present petition for mandamus to compel respondents to comply with the RTC-Br. 223 decision and pay the adjudged sums.
Issues:
- Whether the remedy of mandamus is proper to compel respondents (Puerto Princesa City, Mayor Edward Hagedorn, and the City Council) to comply with the November 18, 2003 RTC-Br. 223 decision and pay the judgment debt with interests until fully paid.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)