Title
Province of Rizal vs. Bartolome San Diego, Inc.
Case
G.R. No. L-10802
Decision Date
Jan 22, 1959
A 66-hectare land in Caloocan and Malabon, sold by the Archbishop to Bartolome San Diego, Inc., faced expropriation by Rizal Province for tenant distribution. The Supreme Court dismissed the petition, ruling the land not a "landed estate" and expropriation unjustified for public use or tenant ownership.
A

Case Summary (G.R. No. L-10802)

Factual Background

The intervenors alleged that they subleased smaller portions to about seven hundred (700) occupants, who were said to be the actual beneficiaries and claimants. The record, however, did not show affirmatively that the occupants or intervenors had made definite offers to buy at the prices demanded by the owner or lessor. On June 19, 1952, the Archbishop of Manila sold the land for P880,000 to Bartolome San Diego, Incorporated. Following the sale, the corporation dealt directly with the actual occupants, thereby abolishing the prior sub-tenancy system. It then surveyed and subdivided the property and offered subdivided portions for sale in small lots on installments, after deducting portions allotted for roads, parks, playgrounds, and other public places. From September, 1952 to July, 1955, the corporation executed about two hundred (200) contracts to sell.

The intervenors persuaded the Province of Rizal to institute an expropriation case on April 21, 1954, believing that the lots could be purchased at a lesser price if first expropriated by the government. As amended, the complaint stated that the government’s purpose was to sell and distribute the property “among Filipino bona fide occupants and tenants, and to Filipino veterans, their widows and their children, pursuant to the conditions set forth in Republic Act No. 267.” The defendant answered that the Province had no cause of action because the property was not a landed estate and was beyond the purview of Republic Act No. 267. It further asserted that the claimed purpose did not constitute a public use, and it emphasized that it was willing to sell at reasonable costs to actual occupants first. Defendant also alleged that the action was designed to delay ejectment judgments involving occupants whom it labeled as “squatters.” It added that the Province had failed to deposit the alleged fair market value.

Procedural History and Motions

Defendant filed a motion to dismiss on November 10, 1954, grounded on the Province’s asserted inability to pay and on the failure to deposit the fair market value of P431,856.66, despite an order dated May 10, 1954 requiring such deposit. Defendant also reiterated that it was willing to sell to actual bona fide tenants and maintained that the property was not a landed estate. On February 11, 1955, defendant moved to dismiss again, asserting, in substance, that the complaint stated no cause of action and again contending that the property was not intended for public use or public benefit and was not a landed estate.

During the proceedings, Atty. Simeon V. Enriquez filed, on behalf of fifty-five (55) persons named in the complaint in intervention, and “all other tenants, sub-tenants and bona fide occupants” allegedly numbering about seven hundred (700), a motion for permission to intervene. In a “manifestation” dated March 10, 1955, only fifty-one (51) persons confirmed Enriquez’s authority, and the motion and complaint in intervention were accordingly granted and admitted. A later motion to intervene by those who had purchased lots from defendant was denied on the ground that they were sufficiently represented by the corporation’s buyers.

In the course of the case, the Province was placed in possession after making the requisite deposit. The Court of First Instance thereafter dismissed the petition for expropriation and the complaint in intervention.

The Parties’ Contentions

The Province of Rizal and the intervenors argued that expropriation was proper under the constitutional and statutory scheme they relied upon, and they urged that controlling doctrine should follow Rural Progress Administration vs. Clements Reyes (L-4708, October 8, 1953). They asserted that the trial court’s basis for dismissal was not controlling and that the Reyes view should govern.

Defendant opposed the petition on multiple grounds: it claimed that the property was not a landed estate within the meaning of the Constitution; that the proposed use did not amount to a public purpose or public benefit; and that the action had the practical effect of delaying ejectment proceedings. Defendant also insisted that it had already been willing to sell portions at reasonable costs to actual occupants, and it alleged that many ejectment cases had been rendered against occupants it described as squatters. It further relied on the Province’s failure to deposit the amount ordered.

Trial Court Decision and Its Reliance on Doctrine

The trial court dismissed the case by invoking a line of cases, including Guido vs. Rural Progress Administration (84 Phil., 847; 47 Off. Gaz., 1848), Commonwealth vs. Borja (85 Phil., 51), City of Manila vs. Arellano Law School (85 Phil., 663; 47 Off. Gaz., 4197), Lee Tay and Lee Chay vs. Choco (87 Phil., 814), Urban Estates Inc. (94 Phil., 1003), Republic vs. Gabriel (L-6161, May 28, 1954), Municipal Government of Caloocan vs. Chuan Huat & Co. (96 Phil., 88; 50 Off. Gaz., 5390), and Republic vs. Babylosis (96 Phil., 461; 51 Off. Gaz., 722). The lower court concluded that the 66 hectares sought to be expropriated were not within the ambit of Article XIII, Section 4 of the Constitution because the Hacienda Esguerra and church properties had already been broken up and sold in reasonable areas. It further held that the Province could not claim a greater right under Republic Act No. 267 and Republic Act No. 98 than that recognized by the constitutional provision, emphasizing the principle that water cannot rise higher than its source. It also reasoned that portions had already been sold to numerous vendees whose interests would be prejudiced by expropriation, while some intervenors were disqualified as they were landowners in their own right. Finally, the trial court held that the Constitution protects a landowner against indiscriminate and unwarranted expropriation; and that a public purpose and public benefit were required. It ruled that enabling tenants to own portion of a piece of land of reasonable area was not, by itself, a valid justification to deprive the owner or vendees through expropriation.

Issues on Appeal

The appeal centered on whether the authorities relied upon by the trial court controlled, or whether the Court should adopt the approach taken in Rural Progress Administration vs. Clements Reyes. Stated differently, the case required a determination of whether expropriation could still be undertaken after the landed estate had been broken up and parcels had been sold in reasonable areas, and whether the constitutional limitation on expropriation for public purpose and public benefit permitted the Province’s asserted objective of distributing lots to bona fide occupants and related beneficiaries.

The Court’s Ruling

The Court affirmed the decision of the Court of First Instance and dismissed the appeal, with costs against the plaintiff-appellant. The Court held that the Reyes doctrine was no longer controlling. It found that the rule in Reyes had been expressly abandoned and that the doctrine in Guido had been expressly reaffirmed as sound in Republic vs. Babylosis. The Court stressed that the majority in Babylosis had expressly restated that expropriation under Section 4, Article XIII was limited to landed estates with extensive areas, especially those comprising all or a large part of a town or city. It held that once a landed estate was broken up and divided into parcels of reasonable areas, whether through voluntary sale or expropriation, the resulting parcels were no longer subject to further expropriation under the constitutional provision. It further emphasized that mere notice of intent to expropriate did not bind the land or the owner so as to prevent subsequent disposition, including mortgage or sale, whether in whole or by subdivision. It also declared that tenancy trouble alone—whether due to tenants’ fault or landowners’ fault—did not justify expropriation, and that the Constitution protected a landowner against indiscriminate and unwarranted expropriation. The Court reiterated that just to enable tenants of a reasonable-area piece of land to own portions, even if their ancestors had cleared and cultivated it for many years, was not a valid reason to deprive the owner or landlord by expropriation.

The Court applied these principles and considered the factual parity and disparity between Babylosis and the present case. It noted that the approximate area in Babylosis was about 67 hectares, nearly identical to the 66 hectares at bar. It also highlighted that intervenors in the present case were given an opportunity to buy portions by the seller corporation and defendant, whereas in the Reyes case the occupants expropriated in that controversy had not been afforded the opportunity to buy portions of the land before acquisition by the government. The Court further observed the trial court’s factual assessment that agrarian unrest had not been satisfactorily proven. It characterized the incidents cited by Conrado Lucas and the trouble averred by Josefa Santos as hearsay exposed during cross-examination. It credited, instead, witnesses Juanito Vicente (assistant sales manager), Patrolman Loreto Simon (residing on the property), Angel Pacheco (residing nearby), and Atty. Amando Dizon (handling defendant’s law business disputes), who stated that after defendant acquired Hacienda Esguerra, it notified actual occupants who were subleasing their holdings to deal directly with the corporation, thereby abolishing the sub-tenancy system. The Court noted that the interests strongly favoring prosecution of the proceedings belonged to those around eighty (80) persons who were greatly interested in the litigation.

Legal Basis and Reasoning

The Court treated Article XIII, Section 4 as the controlling constitutional standard governing expropriation of landed estates, and it confined the government’s power by

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