Case Summary (G.R. No. 231145)
Factual Background
NGCP, a private corporation authorized by Republic Act No. 9511, filed a complaint for expropriation on July 16, 2015, seeking to acquire a 46,218 square meter parcel of land registered under the Republic of the Philippines and occupied by SSS. The expropriation was initiated to facilitate the construction of the Pasay 230kV Substation Project, intended to address the growing electricity demand in the Greater Manila Area. After the complaint's amendment and filing of an urgent motion for provisional deposit valuing the property at PHP 1,460,928,000.00, the RTC directed NGCP to deposit this amount as a prerequisite for acquiring possession.
RTC's Ruling
In its March 2, 2017 Order, the RTC granted NGCP's motion for a writ of possession, asserting that the issuance of such a writ was mandated by Section 6 of Republic Act No. 10752, which governs expropriation procedures following a provisional deposit. SSS opposed this decision and sought reconsideration, which was denied by the RTC on April 24, 2017.
Legal Issues Raised
SSS presented several key arguments in its petition for certiorari. Primarily, it contended that:
- The hierarchy of courts should allow for direct recourse to the Supreme Court due to the substantial public interest at stake concerning NGCP's ability to initiate expropriation proceedings without proper authorization from the Office of the Solicitor General (OSG) or the Office of the Government Corporate Counsel (OGCC).
- The RTC significantly abused its discretion as RA 10752's provisions were exclusive to national government projects and did not extend to private corporations like NGCP.
- The jurisdiction to initiate expropriation proceedings under RA 10752 necessarily required involvement from the OSG or OGCC.
- NGCP's expropriation authority could not extend to property that was already in public use, which was a pertinent issue given SSS's occupation of the land.
- The writ of possession was issued prematurely, without a determination regarding NGCP's authority in this expropriation.
Proceedings and Subsequent Developments
On June 21, 2017, the Supreme Court suspended the implementation of the RTC's orders through a status quo ante order. Following various motions and memoranda filed by both parties, NGCP subsequently pursued a motion to remand the case back to the RTC, indicating a change in its project planning and an intent to withdraw its expropriation complaint entirely. The RTC o
...continue readingCase Syllabus (G.R. No. 231145)
Case Background
- The case involves a special civil action for certiorari filed by the Social Security System (SSS) against the Orders issued by the Regional Trial Court (RTC) of Pasay City, Branch 108.
- The Orders dated March 2, 2017, and April 24, 2017, granted the National Grid Corporation of the Philippines (NGCP) a writ of possession in a complaint for expropriation against SSS.
- NGCP, a private corporation, was granted a franchise under Republic Act No. 9511 to operate and maintain the electricity transmission system in the Philippines.
Facts of the Case
- On July 16, 2015, NGCP filed a complaint to expropriate a 46,218 sq. m. parcel of land occupied by SSS for its Pasay 230kV Substation Project.
- The purpose of the project was to meet the rising demand for electricity in the Greater Manila Area.
- NGCP amended the complaint to exclude other defendants, focusing solely on SSS.
- On November 2, 2016, NGCP sought to deposit PHP 1,460,928,000.00, representing the property value based on the Bureau of Internal Revenue (BIR) zonal valuation.
- The RTC ordered NGCP to deposit this amount, after which NGCP filed an Urgent Ex-Parte Motion for a writ of possession.
RTC Ruling
- The RTC issued an Order on March 2, 2017, granting NGCP's motion and issuing the writ of possession based on Section 6 of RA 10752.
- SSS filed a motion for reconsideration, which was denied in an order dated April 24, 2017.
- SSS subsequently filed a special civ