Title
Supreme Court
Mactan-Cebu International Airport Authority vs. Lozada, Sr.
Case
G.R. No. 176625
Decision Date
Feb 25, 2010
Lot No. 88, expropriated for Lahug Airport expansion, reverted to original owners after airport abandonment due to conditional expropriation and constructive trust. Respondents must return compensation but retain property appreciation.

Case Summary (G.R. No. 176625)

Abandonment of Public Purpose

The projected airport improvements never materialized. Following a 1989 Presidential Memorandum directing the closure of Lahug Airport and enactment of R.A. 6958 transferring assets to MCIAA, the old airport land was repurposed for commercial development, including a jail and Ayala I.T. Park. The government never implemented the stated airport expansion.

Complaint for Reconveyance

In 1996, respondents sued MCIAA and ATO for recovery of possession and ownership, alleging:

  1. A verbal compromise during expropriation promising resale if airport plans were abandoned;
  2. Transfer of title to the Republic;
  3. Failure to pursue the public purpose; and
  4. Demand for return of the lot due to non-use.

Stipulated Facts and Trial Presentation

Parties stipulated to the expropriation of Lot No. 88 for airport purposes, transfer to MCIAA, and the 1989 directive closing Lahug Airport. At trial, respondents relied on Lozada’s testimony about the oral promise; petitioners denied any binding agreement and argued the judgment of condemnation was unconditional fee simple.

Regional Trial Court Ruling

On October 22, 1999, the RTC held that the expropriation was conditional on continued airport use, that the Republic abandoned the purpose, and that respondents were entitled to reconveyance upon payment of the expropriation price. The court ordered MCIAA and ATO to restore possession and title.

Court of Appeals Decision

In February 2006, the CA affirmed the RTC in toto. It found Lozada credible despite minor memory lapses and held that respondents proved the oral compromise. The CA rejected the petitioners’ reliance on the Statute of Frauds and cases holding unconditional fee simple acquisition.

Issues on Supreme Court Review

  1. Whether the expropriation judgment was conditional on airport use versus an unconditional fee simple transfer.
  2. Whether respondents proved an oral compromise agreement despite the Statute of Frauds.
  3. Whether factual findings on the oral agreement and condition precedent must be disturbed.

Public Purpose and Conditional Expropriation

Under the 1987 Constitution, eminent domain requires a specific public purpose and just compensation. The Court held that the judgment in Civil Case No. R-1881, read in full, imposed an implied condition that Lahug Airport remain in operation. Abandonment of that purpose rendered the expropriation improper, entitling former owners to reversion upon repayment of compensation.

Oral Compromise and Statute of Frauds

Respondents’ reliance on the partially performed oral agreement—specifically, their decision to forego appeal—precluded application of the Statute of Frauds, which does not bar evidence of oral contracts that have been executed in whole or in part. The CA’s factual findings on credibility and agreement were binding on the Supreme Court.

Constructive Trust and Restitution

Equity supported imposing a constructive trust over the property in favor of respondents. Petitioners held legal title with the obligation to reconvey once the public purpose f

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