Case Summary (G.R. No. 189293)
Procedural Posture
The trial court issued a partial decision on July 28, 2014, declaring the Alfortes entitled to just compensation under the Constitution, re-opening the case for determination of amount by commissioners, and ordering deposit of assessed value. A March 3, 2015 order denied the DPWH’s motion for reconsideration. The petitioners brought this Petition for Review on Certiorari directly to the Supreme Court.
Issue
Whether respondents are entitled to just compensation under the 1987 Constitution for the 127 square meters taken by the DPWH, despite Section 112 of Commonwealth Act No. 141, as amended, which imposes a 60-meter-wide perpetual easement for public highways free of compensation except for damaged improvements.
Applicable Law
• 1987 Constitution, Article III, Sections 1 and 9 (due process and just compensation)
• Commonwealth Act No. 141, Section 112, as amended by Presidential Decree No. 1361 (statutory right-of-way easement up to 60 meters)
• Presidential Decree No. 1529, Section 44 (statutory liens valid against subsequent purchasers)
• Rule 67, Rules of Civil Procedure (condemnation proceedings and appointment of commissioners)
• Jurisprudence: National Irrigation Administration v. Court of Appeals (2000); Republic v. Andaya (2007); Spouses Regulto (2016); Bartolata v. Republic (2017)
Petitioners’ Arguments
Petitioners contend that Section 112 of CA 141 grants the government an easement up to 60 meters in width over land originally patented, free of cost except for improvements. That lien follows the land under PD 1529 and was upheld in NIA v. CA and Republic v. Andaya. The trial court erred in characterizing the 60-meter measure as 60 square meters. They also argue respondents failed to exhaust administrative remedies with the Commission on Audit.
Respondents’ Arguments
The Alfortes maintain that the Constitution’s guarantee of just compensation for any taking by the State prevails over CA 141. Once the property became private, they argue, constitutional protections apply in full. They deny any requirement to exhaust administrative remedies.
Supreme Court’s Ruling
The petition is partially granted.
- Title No. 29597 contains a proviso subjecting it to the Public Land Act and PD 1529. Under Section 112, as amended, a statutory easement up to 60 meters in width exists in favor of the government, free of compensation except for improvements. Following Republic v. Spouses Regulto, this easement applied to the Alfortes’ land originally granted by free patent even after sale. Respondents must execute a quitclaim for the 127 square-meter strip.
- The appropriation of nearly half (127/300 sqm) of the parcel may materially impair the remaining land, constituting a “taking” of the whole under e
Case Syllabus (G.R. No. 189293)
Parties and Procedural History
- Petitioners: Republic of the Philippines represented by the Department of Public Works and Highways (DPWH), Engr. Rebecca J. Roces (District Engineer), and Engr. Victorino M. Del Socorro, Jr. (Project Engineer).
- Respondents: Spouses Cornelio Alforte and Susana Alforte.
- Nature of Action: Petition for Review on Certiorari under Rule 45 seeking to nullify and set aside the July 28, 2014 Decision (Partial) and the March 3, 2015 Order of the Regional Trial Court (RTC) of Naga City, Branch 22, in Civil Case No. RTC 2012-0013.
- RTC Dispositions:
• July 28, 2014 – Partial Decision declaring respondents entitled to just compensation, reopening the case for its determination, ordering deposit of the assessed value and appointing commissioners.
• March 3, 2015 – Order denying petitioners’ motion for reconsideration. - Supreme Court Docket: G.R. No. 217051, decided August 22, 2018.
Factual Antecedents
- Respondents own a 300-square-meter parcel in Mabulo, Naga City, covered by TCT No. 29597, originally patented under CA 141 in 1956.
- DPWH’s Naga City-Milaor Bypass Road project will traverse 127 sq m of this lot.
- Respondents filed Civil Case No. RTC 2012-0013 seeking just compensation of ₱381,000.00 for the affected portion plus attorney’s fees and litigation expenses.
- Petitioners answered, asserting a perpetual 60-meter right-of-way easement under Section 112 of CA 141 (as amended by PD No. 1361), enforceable without compensation for land, except for improvements.
Relevant Legal Provisions
- Section 112, Commonwealth Act No. 141 (as amended by PD No. 1361):
• Lands acquired by patent are subject to a right-of-way up to 60 meters in width for highways and similar works, with compensation only for improvements.
• Government may take immediate possession after notice; reversion to titleholders upon project completion. - Section 44, PD No. 1529 (Property Registration Decree):
• Statutory liens, including those under CA 141, affect registered title even if not noted in the Registry of Deeds.
Ruling of the Regional Trial Court
- Rejected petitioners’ contention that Section 112 precludes any compensation for land.
- Emphasized constituti