Case Digest (G.R. No. 185638)
Facts:
- Petition for review on certiorari filed by Honorable Alvin P. Vergara, City Mayor of Cabanatuan City, and the Sangguniang Panlungsod of Cabanatuan City (petitioners).
- Respondents include Lourdes Melencio S. Grecia, Renato Grecia, Sandra Melencio, and others representing Ma. Paz Salgado Vda. de Melencio and family.
- In 1989, the Sanggunian appropriated a 7,420 square meter parcel of land in Barangay Barrera for road projects without providing just compensation.
- An appraisal committee recommended compensation of P2,295.00 per square meter.
- Mayor Vergara was authorized to negotiate a Memorandum of Agreement (MOA) for a total payment of P17,028,900.00 over 12 years.
- After four years without payment, respondents filed a petition for mandamus in the RTC, which ruled in their favor.
- The RTC ordered petitioners to pay the full amount, later modified by the Court of Appeals to P2,554,335.00.
- Petitioners argued that the land was a subdivision road and thus beyond commerce, rendering the MOA void.
Issue:
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Ruling:
- The Supreme Court denied the petition and affirmed the CA's decision with modification.
- Petitioners ordered to pay respondents the full amount of P17,028,900.00 as just compensation.
- Awarded exemplary damages of P200,000.00 and attorney's fees of 1% of the total amount due.
- Legal i...(Unlock)
Ratio:
- The Court found petitioners' arguments regarding the land being beyond commerce unfounded, as it was taken for public use, necessitating just compensation under Section 9, Article III of the 1987 Constitution.
- Emphasized the government's obligation to comply with eminent domain requirements, including payment of just compensation before taking possession.
- Noted that failure to initiate expropriation procee...continue reading
Case Digest (G.R. No. 185638)
Facts:
The case involves a petition for review on certiorari filed by Honorable Alvin P. Vergara, in his capacity as the City Mayor of Cabanatuan City, and the Sangguniang Panlungsod of Cabanatuan City (petitioners) against Lourdes Melencio S. Grecia, represented by Renato Grecia and Sandra Melencio, in representation of Ma. Paz Salgado Vda. de Melencio, Conchita Melencio, Cristina Melencio, and Leonardo Melencio (respondents). The events leading to this case began in 1989 when the Sanggunian took a parcel of land, covered by Transfer Certificate of Title No. T-101793, measuring approximately 7,420 square meters located in Barangay Barrera, Cabanatuan City, for road-right-of-way and road widening projects. Despite the completion of these projects, the Sanggunian failed to provide just compensation to the respondents. In response to Lourdes' request, the Sanggunian formed an appraisal committee to determine the appropriate compensation, which recommended a payment of P2,295.00 per square meter. Subsequently, the Sanggunian authorized Mayor Vergara to negotiate and execute a Memorandum of Agreement (MOA) with the respondents, committing to pay P17,028,900.00 over 12 years. However, after more than four years without any payment, the respondents filed a petition for mandamus in the Regional Trial Court (RTC) of Cabanatuan City, which ruled in favor of the respondents, ordering the petitioners to pay the full amount. The petitioners appealed, and the RTC later issue...