Title
Republic vs. Lim
Case
G.R. No. 161656
Decision Date
Jun 29, 2005
Republic failed to pay just compensation for 50+ years, violating due process; respondent Lim declared owner of expropriated property.

Case Summary (G.R. No. 9408)

Procedural History

  1. 1962 CFI (R-7208): Upholds heirs’ ownership, orders deed of sale to Republic upon payment of ₱16,248.40 + interest.
  2. 1966 SC (L-21032): Affirms CFI; recognizes landowners’ right only to demand payment, not possession.
  3. 1992 Lim v. Republic (RTC CEB-12701): Lim obtains judgment declaring him absolute owner of Lot 932.
  4. 2003 CA (CA-G.R. CV 72915): Affirms RTC, citing over 50-year delay violates just-compensation requirement and constitutes a cloud on Lim’s title.
  5. 2004 SC (G.R. No. 161656): Denies review and reconsideration; Republic’s subsequent motions disallowed under Rule 52.

Issue

Whether the Republic retained ownership of Lot 932 despite its failure to pay just compensation within a reasonable time and whether Lim, as a foreclosing mortgagee, is entitled to quiet title and possession.

Ruling and Legal Analysis

  • Constitution demands payment of just compensation “within a reasonable time” as an element of due process.
  • Title to expropriated property passes only upon full payment of just compensation; mere entry for public use does not vest title.
  • Decades-long non-payment frustrates constitutional guarantee, converts the government’s status from lawful occupant to wrongful possessor.
  • Jurisprudence (e.g., Provincial Government of Sorsogon v. Vda. De Villaroya) condemns bureaucratic delay and oppressive exercise of eminent domain.
  • The five-year execution period under Rule 39, Section 6, RCP, encourages prompt payment; beyond this, owner may recover possession.
  • Lim’s mortgage and foreclosure occurred while heirs retained ownership; his acquisition is valid and protected under Civil Code, Article 2127.
  • Bad faith issue is immaterial because the Republic never perfected title; annotation merely

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