Title
Republic vs. St. Vincent De Paul Colleges, Inc.
Case
G.R. No. 192908
Decision Date
Aug 22, 2012
The Republic of the Philippines sought to expropriate St. Vincent de Paul Colleges' land for a public tollway project. The Court of Appeals dismissed the Republic's certiorari petition for being filed late, but the Supreme Court ruled in favor of the Republic, citing public interest and substantial justice, allowing the petition to proceed.
expropriation
public use
private property

Case Summary (G.R. No. 154618)

Factual Background: The Expropriation Cases

The antecedent controversy began with two separate expropriation cases filed by the Republic in the trial court against St. Vincent. In Civil Case No. 0062-04, the Republic sought to expropriate 1,992 square meters out of a total area of 6,068 square meters of land for the MCTEP. The property belonged to St. Vincent, was covered by TCT No. T-821169, and was located in Binakayan, Kawit, Cavite.

In Civil Case No. 0100-04, the Republic sought to expropriate 2,450 square meters out of a total area of 9,039 square meters of adjoining land also owned by St. Vincent and covered by TCT No. T-821170.

Subsequently, the Republic filed amended complaints alleging that the subject lands originated from a free patent title and should be adjudicated to it without payment of just compensation pursuant to Section 112 of Commonwealth Act No. 141.

On August 9, 2005, the Republic filed in Civil Case No. 0062-04 a motion for the issuance of an order of expropriation. The trial court granted it on Order dated August 16, 2005, holding that the Republic had a lawful right to take the 1,992 square meters portion, with no ruling as to just compensation because it found that the property originated from a free patent. Meanwhile, in Civil Case No. 0100-04, the Republic also filed a motion for the issuance of an order of expropriation. Before resolution, the Republic moved to consolidate the two cases, and the trial court granted consolidation.

On November 16, 2006, the trial court denied St. Vincent’s motion for reconsideration of the August 16, 2005 order. The Republic alleged that St. Vincent did not appeal those orders.

Trial Court Developments and St. Vincent’s Demand

Almost two years later, on July 28, 2008, St. Vincent filed a Manifestation with Motion for Clarification of the August 16, 2005 order. It agreed not to oppose the ruling on public purpose and the Republic’s right to expropriate, but insisted it was entitled to just compensation.

According to the Republic, it attempted to implement the August 16, 2005 order by entering the subject portion of St. Vincent’s property. St. Vincent refused and demanded the Republic and its agents to vacate and remove equipment or structures introduced on its property through a demand letter dated October 3, 2008.

Because of St. Vincent’s refusal to comply, the Republic filed an urgent motion for a writ of possession, but the trial court denied it through an order dated November 25, 2008. The trial court, however, later modified its earlier order and required the Republic to pay St. Vincent an amount equivalent to one hundred percent (100%) of the value of the property sought to be expropriated. The Republic moved for reconsideration, but the trial court denied it on January 29, 2009 for lack of factual and legal basis.

The Republic’s Resort to Rule 65 and Its Filing Timeline

To assail the trial court’s rulings, the Republic pursued certiorari under Rule 65 and filed with the CA a request for additional time. On receiving a grant of additional fifteen (15) days, the Republic was given a non-extensible period of fifteen (15) days or until May 4, 2009 to file its petition for certiorari.

On April 30, 2009, within that period, the Republic filed its petition for certiorari before the CA, alleging that the trial court orders dated November 25, 2008 and January 29, 2009 were issued with grave abuse of discretion amounting to lack or excess of jurisdiction.

Before the CA could rule, the CA on June 19, 2009 issued a show-cause resolution on whether the petition should be dismissed for being filed out of time, invoking A.M. No. 07-7-12-SC. The Republic complied by explaining on July 1, 2009 that the issues involved had transcendental importance and that substantial justice warranted relaxation of the rules. St. Vincent opposed, asserting that the explanation was pro forma and failed to justify the disregard of procedural requirements.

On October 30, 2009, the CA dismissed the Republic’s petition for certiorari on the ground that it was filed out of time. The CA reasoned that extensions of time were disallowed by A.M. No. 07-7-12-SC, citing Laguna Metts Corporation v. Court of Appeals. The Republic sought reconsideration on November 26, 2009, alleging good faith reliance on the CA’s earlier order granting the Republic an extension.

On July 15, 2010, the CA denied reconsideration. The CA ruled that it could not disobey Laguna Metts Corporation, thereby sustaining its earlier dismissal for lateness. The Republic then filed the present petition for review on certiorari under Rule 45.

The Sole Issue and the Parties’ Positions

The Supreme Court framed the case around one issue: whether the CA committed reversible error when it dismissed the Republic’s petition for certiorari for being filed out of time, pursuant to A.M. No. 07-7-12-SC and its interpretation of Section 4, Rule 65.

The Republic argued that the CA’s initial resolution granting an extension of time should have been respected, and that the substantial merits and public interest in expropriation for public use warranted relaxation. It invoked Domdom v. Third and Fifth Divisions of the Sandiganbayan, claiming that absent a prohibition, motions for extension are allowed in the court’s discretion. St. Vincent countered that the Republic failed to allege circumstances justifying deliberate disregard of an elementary procedural rule, and invoked the general rule on pro forma motions and strict observance of the time bar.

Legal Framework: Section 4, Rule 65 and A.M. No. 07-7-12-SC

The Supreme Court reviewed the interpretive landscape governing the period for filing a Rule 65 petition for certiorari. Before the amendment introduced by A.M. No. 07-7-12-SC, Section 4, Rule 65 provided that the petition had to be filed not later than sixty (60) days from notice of the judgment, order, or resolution. It also allowed that no extension of time would be granted except for compelling reason and not exceeding fifteen (15) days.

As amended, Section 4, Rule 65 deleted the clause expressly authorizing extensions of time. The Supreme Court recalled that in Laguna Metts Corporation v. Court of Appeals, the Court had held that the deletion evinced an intention to eliminate authority to grant extensions, meaning that petitions must be filed strictly within sixty (60) days from notice of judgment or from notice of denial of a motion for reconsideration.

The Court then discussed that later, Domdom v. Third and Fifth Divisions of the Sandiganbayan clarified the apparent tension. Domdom observed that the absence of an express prohibition on motions for extension indicated that the deletion did not amount to an absolute ban. It reasoned that if an absolute proscription had been intended, the deleted portion could have been rewritten to expressly prohibit extensions. Thus, Domdom allowed motions for extension subject to the court’s sound discretion, and only in exceptional and meritorious cases.

To reconcile the jurisprudence, the Supreme Court emphasized that Laguna Metts Corporation primarily enforced strictness, while Domdom relaxed procedural technicalities only under exceptional circumstances.

The Court further cited that Labao v. Flores recognized exceptions to the inextendible nature of the sixty-day period, including persuasive reasons, injustice, good faith, special compelling circumstances, the merits of the case, lack of prejudice, and other equitable considerations, while still requiring a reasonable and meritorious explanation.

More recently, the Court referenced Mid-Islands Power Generation Corporation v. Court of Appeals, which relaxed the procedural technicalities imposed by A.M. No. 07-7-12-SC to serve substantial justice and protect strong public interest, affirming the CA’s extension in light of the exceptional nature of the case.

The Supreme Court’s Ruling: Erroneous Dismissal and Reinstitution of the Petition

The Supreme Court granted the Republic’s petition. It first observed that the CA’s initial Resolution dated April 30, 2009 granting the Republic’s motion for extension of time was premised on a mistaken notion that the Republic’s filing was a petition for review as a mode of appeal. Still, the Supreme Court held that on that score alone, the CA should have admitted the Republic’s petition because the Republic merely relied on the CA’s own grant of extension.

The Court then ad

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