Title
Heirs of Moreno vs. Mactan-Cebu International Airport Authority
Case
G.R. No. 156273
Decision Date
Oct 15, 2003
Heirs sought repurchase of lands expropriated for airport expansion after it ceased operations; Supreme Court ruled in their favor under constructive trust, ordering reconveyance.

Case Summary (G.R. No. L-17331)

Factual Background

The parcels in dispute are Lots Nos. 916 and 920 in Lahug, Cebu City, originally registered in the names of petitioners’ predecessors and described in the record as Lot No. 916 (2,355 square meters) under TCT No. RT-7543 (106) T-13694 and Lot No. 920 (3,097 square meters) under TCT No. RT-7544 (107) T-13695. In 1949 the National Airport Corporation, the predecessor of respondent MCIAA, sought these and other parcels for the proposed expansion of Lahug Airport and induced landowners with assurances that they could repurchase their lands if the airport ceased operation or its functions were transferred to Mactan Airport. Some owners executed deeds of sale with a right of repurchase, while others, including the predecessors of petitioners, refused the offered prices.

Expropriation Proceedings and Title Transfer

When negotiations failed, the Civil Aeronautics Administration filed an expropriation complaint on April 16, 1952, captioned Civil Case No. R-1881. The Court of First Instance of Cebu promulgated a judgment of condemnation on December 29, 1961, awarding just compensation for Lots Nos. 916 and 920. Petitioners’ predecessors received P7,065.00 for Lot No. 916 and P9,291.00 for Lot No. 920, with legal interest from November 16, 1947. No appeal was taken, and the judgment became final and executory; the Republic’s certificates of title issued in the Republic’s name were later transferred to respondent MCIAA under RA 6958.

Later Events and Petitioners’ Claim for Reconveyance

Following the transfer of title and the opening of Mactan Airport, Lahug Airport ceased operations in late 1991, and the expropriated lots remained unused and were never employed for the airport expansion. Petitioners repeatedly sought repurchase from the government without success. On March 11, 1997 petitioners filed Civil Case No. CEB-20015 in the RTC of Cebu City seeking reconveyance and damages, asserting that they had been induced by promises of repurchase and that the expropriation was conditioned on continued airport operation. While the case was pending, one Richard E. Enchuan moved to transfer interest claiming assignments from some petitioners, and the Department of Public Works and Highways intervened asserting a lease of Lot No. 920 and improvements thereon.

Trial Court Ruling

On April 12, 1999, RTC-Br. 19, Cebu City, found in favor of petitioners and granted them the right to repurchase Lots Nos. 916 and 920 at the amount of the just compensation determined in Civil Case No. R-1881, but subject to the asserted rights of intervenors. The trial court reasoned that the expropriation had become illegal or functus officio when the public purpose ceased to exist.

Court of Appeals Reversal

Respondent MCIAA appealed. The Court of Appeals reversed on December 20, 2001, holding that the condemnation judgment in Civil Case No. R-1881 was unconditional and conveyed fee simple title to the Republic, thus barring any right of repurchase. The appellate court relied on Fery v. Municipality of Cabanatuan and on the Court’s prior decision in Mactan-Cebu International Airport Authority v. Court of Appeals to conclude deviation from the public purpose did not justify reversion to former owners. Reconsideration was denied on November 28, 2002.

Issues Presented on Review

The principal issues presented to the Supreme Court were whether petitioners may invoke a right of repurchase or reconveyance after final condemnation where the public purpose has ceased, whether the trial court properly admitted parol and other evidence of pre-condemnation assurances, and whether the trial court’s award of attorney’s fees and litigation expenses was proper.

Petitioners’ Contentions

Petitioners contended that they were induced not to oppose the expropriation by express assurances from the government that they could repurchase the lands if the airport closed; they argued that their proof was admissible and carried weight because MCIAA did not object to the evidence offered. Petitioners further claimed an equal protection concern if similarly situated former owners were permitted to repurchase while they were not.

Respondent’s Contentions

Respondent MCIAA relied upon the Court’s precedents in Fery and Mactan-Cebu International Airport Authority v. Court of Appeals, asserting that an expropriation judgment conveying fee simple title without express conditions extinguished the former owner’s rights and that parol evidence could not be used to modify a final condemnation judgment. Respondent argued that repurchase is allowed only where the condemnation expressly provides for that condition.

Supreme Court’s Disposition and Relief

The Supreme Court granted the petition for review, reversed the Court of Appeals decision, and modified the RTC decision in part. The Court ordered respondent MCIAA to reconvey Lots Nos. 916 and 920 to petitioners subject to existing liens and to convey to petitioners improvements made by MCIAA if petitioners elected to buy them at prevailing market price; if petitioners declined, MCIAA must remove such improvements without compensation. The Court directed petitioners to pay respondent the amounts they had received as just compensation in Civil Case No. R-1881 (P7,065.00 and P9,291.00 respectively, with legal interest from November 16, 1947), to reimburse necessary expenses and management value to the extent petitioners benefit, and to effect payment in cash within 365 days from final determination unless the parties agree otherwise; failure to pay within that period would forfeit petitioners’ repurchase right and vest absolute ownership in MCIAA. The Court remanded to the RTC to determine the amounts due and deleted the trial court’s awards of P60,000.00 attorney’s fees and P15,000.00 litigation expenses.

Legal Reasoning: Read the Judgment as a Whole and the Constructive Trust Remedy

The Court adhered to the principles articulated in Fery v. Municipality of Cabanatuan and in Mactan-Cebu International Airport Authority v. Court of Appeals, but emphasized that these precedents must be applied to the specific evidentiary record before the Court. The Court found that unlike the Chiongbian litigant in the prior MCIAA case, petitioners presented preponderant admissible evidence of promises of repurchase, and respondent itself had placed portions of the body of the condemnation judgment into the record that showed the trial court in Civil Case No. R-1881 had granted condemnation under the running impression that Lahug Airport would continue in operation. The Supreme Court held that a final and executory judgment must be read in connection with the rest of the decision and that the partes of the decision may clarify the fallo when the fallo is not in harmony with the ratio decidendi.

Constructive Trust and Equitable Adjustment of Rights

Concluding that respondent did not retain an unconstrained fee simple in perpetuity inconsistent with the trial court’s expressed presumption, the Court fashioned an equitable remedy in the nature of a constructive trust. The Court applied the doctrine underlying Art. 1454 of the Civil Code regarding reconveyance where property was conveyed to secure an obligation and the obligation is fulfilled, and invoked equitable principles to prevent unjust enrichment when the State failed to use the land for the public purpose for which it was condemned. Under this framework, MCIAA held legal title as trustee

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