Title
Secretary of the Department of Public Works and Highways vs. Spouses Tecson
Case
G.R. No. 179334
Decision Date
Apr 21, 2015
Tecsons’ property taken in 1940 for highway construction; compensation dispute ensues. Courts ruled P0.70/sq.m (1940 value) with 6% interest; Supreme Court upheld, adding exemplary damages.

Case Summary (G.R. No. 179334)

Petitioner

Secretary of the DPWH and District Engineer Contreras, representing DPWH’s interest in disputing the amount and basis of compensation.

Respondent

Spouses Heracleo and Ramona Tecson, seeking full just compensation for the taking of their property.

Key Dates

• 1940 – DPWH takes respondents’ land without expropriation proceedings.
• December 15, 1994 – Respondents demand payment of fair market value.
• March 17, 1995 – Complaint for recovery of possession with damages filed in RTC.
• March 22, 2002 – RTC rules in favor of respondents, valuing land at ₱1,500/sqm.
• July 31, 2007 – CA affirms RTC’s valuation, adds 6% interest from filing date.
• July 1, 2013 – SC Third Division reduces valuation to ₱0.70/sqm, applies 6% interest from 1940.
• April 21, 2015 – En banc Resolution denies respondents’ motion for reconsideration.

Applicable Law

• 1987 Constitution, Art. III, Secs. 1 (due process) and 9 (just compensation).
• Rule 67, Sec. 4, Rules of Court (valuation “as of the date of taking or filing, whichever is earlier”).
• Civil Code provisions on expropriation damages and legal interest (Arts. 1250, 2212).
• Central Bank/BSP Circulars (Circulars 416, 905, 799) and Act No. 2655 on legal interest rates.
• Republic Act No. 8974 (guidelines for prompt expropriation proceedings and payment).

Factual Background

In 1940 DPWH occupied the Tecsons’ land without initiating expropriation or paying compensation. After decades of nonpayment, the Tecsons demanded ₱0.70/sqm based on a 1950 PAC resolution, refused, then sued for full market value or return of possession.

Procedural Posture

• RTC values land at ₱1,500/sqm plus 6% from 1995.
• CA affirms with 6% interest from filing.
• Third Division SC reduces compensation to the 1940 value (₱0.70/sqm) with 6% interest from taking.
• Respondents move for reconsideration; en banc denies.

Issue

Whether just compensation must be measured at the time of taking (1940 value) or at a later valuation date, and how interest should run.

Majority Holding (En banc)

Just compensation is the fair market value at the time of taking (₱0.70/sqm) with 6% per annum legal interest from 1940 until full payment. The motion for reconsideration is denied.

Majority Reasoning

  1. Constitution and jurisprudence fix the reckoning date at actual taking for fair market value.
  2. Prompt payment requirement is satisfied by awarding legal interest on the “forbearance” from 1940.
  3. Central Bank/BSP Circulars and Act No. 2655 prescribe 6%–12% rates; as of July 1, 2013 the legal rate is 6%.
  4. RA 8974 demonstrates legislative intent to expedite expropriation proceedings, but cannot be retroactive.
  5. Equity and public interest cannot override clear constitutional and statutory mandates.

Separate Concurring Opinion (Justice Brion)

• Emphasizes the Court’s role as a court of law, not equity or economics.
• Rejects use of economic theories (e.g., present value) in place of established legal rules.
• Advocates application of statutory and Central Bank/BSP rates in segments:
– 6% from taking until judicial demand (1995),
– 12% compounded until BSP’s 2013 rate change,
– then 6% compounded from mid-2013 to resolution,
– and 6% simple interest from finality until





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